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2010/10/12 City Council Resolution 2010-120RESOLUTION NO. 2010-120 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING EXECUTION OF A DEFERRED PAYMENT PLAN AGREEMENT FOR SEWER CAPACITY CHARGES FOR SEASONS PIZZERIA SPORTS BAR GRILL (563 ROHNERT PARK EXPRESSWAY WEST) WHEREAS, the City Council of the City of Rohnert Park wishes to support economic development; WHEREAS, in an effort to achieve the desired goal of economic development, the City Council has adopted Resolution No. 2010 -89 approving an Economic Development / Job Creation Program; WHEREAS, the approved Economic Development / Job Creation Program includes provisions for the City to "be a creative partner" to overcome obstacles or hindrances to the use of land for economic benefit in Rohnert Park; WHEREAS, Taste Tee LLC Doing Business as Seasons Pizzeria Sports Bar Grill proposes a 113 seat locally owned restaurant with a locally hired work force and fresh locally produced ingredients; WHEREAS, the Executive Chef /Managing Partner of Seasons Pizzeria is a responsible and well - established businessman who is proposing to open a new restaurant in Rohnert Park during a significant economic downturn; WHEREAS, said restaurant requires sewer capacity in the amount of 2,260 gallons -per- day with a corresponding charge of $122,040 representing a substantial impediment to the creation of the restaurant if required to be paid in full before opening; WHEREAS, Taste Tee LLC has requested a deferral of a percentage of its Sewer Capacity Charges on the condition of entering into a Deferred Payment Plan Agreement with the City; and WHEREAS, entering into a Deferred Payment Plan Agreement satisfies the purpose and intent of Chapter 13.40 of the Rohnert Park Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Environmental Clearance. The adoption of this Resolution is statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080(b)(8), pertaining to restructuring of charges by a public agency. BE IT FURTHER RESOLVED,. that the City Council authorizes the City Manager, subject to City Attorney review and approval, to execute a Deferred Payment Plan Agreement with Taste Tee LLC for deferral of a percentage of its Sewer Capacity Charges. BE IT FURTHER RESOLVED, that the City Council authorizes the City Manager to take all necessary actions to implement the Deferred Payment Plan Agreement. DULY AND REGULARLY ADOPTED this 12th day of October, 2010. CITY OF ROHNERT PARK Mayor BELFORTE: AYE BREEZE: AYE CALLINAN: ABSENT MACKENZIE: AYE STAFFORD: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)