2011/03/08 City Council Resolution 2011-22RESOLUTION NO. 2011 -22
A RESOLUTION OF THE CITY OF ROHNERT PARK APPROVING A REAL
PROPERTY TRANSFER AND COOPERATIVE AGREEMENT BETWEEN THE
CITY OF ROHNERT PARK AND THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF ROHNERT PARK FOR CERTAIN REAL
PROPERTY OWNED BY THE COMMUNITY DEVELOPMENT COMMISSION
WHEREAS, the City Council of the City of Rohnert Park ( "City Council') has adopted
a Redevelopment Plan ( "Redevelopment Plan ") for the Rohnert Park Redevelopment Project
Area ( "Project Area "); and
WHEREAS, pursuant to the California Community Redevelopment Law (California
Health and Safety Code Section 33000, et seg.) ( "Redevelopment Law "), the Community
Development Commission of the City of Rohnert Park ( "Commission ") is undertaking a
program to redevelop the Project Area; and
WHEREAS, pursuant to Section 33430 of the Redevelopment Law, a redevelopment
agency may, within the survey area or for purposes of redevelopment, sell, transfer, assign or
otherwise dispose of any real or personal property or any interest in property; and
WHEREAS, the Commission owns the fee interest in each of the real properties (each
individually, a "Property "; and collectively, the "Properties ") described in Exhibit A of the
Real Property Transfer and Cooperative Agreement attached hereto as Exhibit 1 and
incorporated herein by reference (the "Agreement "); and
WHEREAS, pursuant to Section 33205 of the Redevelopment Law, a redevelopment
agency is authorized to delegate to a community any of the powers or functions of the agency
with respect to the planning or undertaking of a redevelopment project in the area in which such
community is authorized to act, and such community is authorized to carry out or perform such
powers or functions for the redevelopment agency; and
WHEREAS, pursuant to Section 33220(g) of the Redevelopment Law, any public entity,
for the purpose of aiding and co- operating in the planning, undertaking, construction, or
operation of redevelopment projects located within the area in which such public entity is
authorized to act, may, with or without consideration, acquire land in a project area from a
redevelopment agency for redevelopment in accordance with the redevelopment plan for such
project area; and
WHEREAS, pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment
agency may enter into agreements with any public entity respecting any action to be taken
pursuant to any of the powers granted .by the Redevelopment Law or any other law (and such
agreement may extend over any period, notwithstanding any law to the contrary); and
WHEREAS, the City of Rohnert Park ( "City ") desires to aid, and cooperate with, the
Commission in the planning, undertaking, construction and operation of redevelopment projects,
and in that regard the Commission has determined to convey the Properties to the City and to
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delegate to the City the powers and functions of the Commission with respect to the planning and
undertaking of redevelopment projects in accordance with the Redevelopment Plan, and the City
has determined to accept the conveyance of the Properties and the Commission's delegation of
its powers and functions and in that regard, the Commission and City wish to enter into the
Agreement; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds that it can be seen with certainty that there
is no possibility that the approval of the Agreement may have a significant effect on the
environment. The approval of the Agreement does not authorize construction and will not result
in a direct or indirect physical change in the environment. The Agreement provides that prior to
commencement of work on any redevelopment project, all necessary review required by the
California Environmental Quality Act ( "CEQA ") shall be completed. The adoption of this
Resolution and approval of the Agreement is therefore exempt from the environmental review
requirements of CEQA pursuant to Section 15061(b) (3) of Title 14 of the California Code of
Regulations. Staff is hereby directed to file a Notice of Exemption with the County Clerk within
five days of the adoption of this Resolution pursuant to Section 15062 of Title 14 of the
California Code of Regulations.
Section 2. The City Council hereby approves the Agreement in the form attached
hereto as Exhibit l and hereby authorizes and directs the City Manager, the Mayor, or any other
officer of the City designated by them in writing (each, an "Authorized Officer "), acting singly,
to execute and deliver the Agreement in substantially said form with such changes therein as the
Authorized Officer executing the same may approve (such approval to be conclusively evidenced
by the execution and delivery thereof).
Section 3. The Authorized Officers of the City are herby authorized and directed to
do any and all things and to execute and deliver, and if appropriate, record, any and all
documents which they may deem necessary or advisable in order to effectuate the purposes of
this Resolution, and any such actions previously taken by such officers are hereby ratified and
confirmed.
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APPROVED AND ADOPTED this 8th day of March, 2011, by the following vote:
AYES: Five (5) Council Members Ahanotu, Callinan, Mackenzie, Stafford, and
Mayor Belforte
NOES: None (0)
ABSENT: None (0)
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Exhibit 1
Real Property Transfer and Cooperative Agreement
(attached hereto)
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REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
This REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
( "Agreement "), is entered into this 8th day of March, 2011, by and between the CITY OF
ROHNERT PARK (the "City ") and the COMMUNITY DEVELOPMENT COMMISSION OF
THE CITYOF ROHNERT PARK (the "Commission ") with reference to the following facts:
A. Pursuant to the Community Redevelopment Law (California Health and Safety
Code Section 33000, et seq.) (the "Redevelopment Law "), the Commission is undertaking a
program for the redevelopment of blighted areas in the City.
B. The City Council of the City ( "City Council ") has adopted a Redevelopment Plan
( "Redevelopment Plan ") for the Rohnert Park Redevelopment Project Area ( "Project Area ").
C. Pursuant to Section 33205 of the Redevelopment Law, a redevelopment agency is
authorized to delegate to a community any of the powers or functions of the agency with respect
to the planning or undertaking of a redevelopment project in the area in which such community
is authorized to act, and such community is authorized to carry out or perform such powers or
functions for the redevelopment agency.
D. Pursuant to Section 33220(g) of the Redevelopment Law, any public entity, for
the purpose of aiding and co- operating in the planning, undertaking, construction, or operation of
redevelopment projects located within the area in which such public entity is authorized to act,
may, with or without consideration, acquire land in a project area from a redevelopment agency
for redevelopment in accordance with the redevelopment plan for such project area.
E. Pursuant to Section 33430 of the Redevelopment Law, a redevelopment agency
may, within the survey area or for purposes of redevelopment, sell, transfer, assign or otherwise
dispose of any real or personal property or any interest in property.
F. The Commission owns the fee interest in each of the real properties described in
Exhibit A attached hereto and incorporated herein by reference (each individually, a "Property ";
and collectively, the "Properties ").
. G. Pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment agency
may enter into agreements with any public entity respecting any action to be taken pursuant to
any of the powers granted by the Redevelopment Law or any other law (and such agreement may
extend over any period, notwithstanding any law to the contrary).
H. The City desires to aid and cooperate with the Commission in the planning,
undertaking, construction and operation of redevelopment projects, and in that regard the
Commission has determined to convey the Properties to the City for that purpose and to delegate
to the City the powers and functions of the Commission with respect to the planning and
undertaking of redevelopment projects in accordance with the Redevelopment Plan, and the City
has determined to accept the conveyance of the Properties and the Commission's delegation of
its powers and functions.
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NOW, THEREFORE, the parties hereto do mutually agree as follows:
Section 1. Conveyance of Properties. The Commission shall convey all of its right,
title and interest in and to the Properties to the City by way of a Grant Deed or Grant Deeds,
substantially in the form attached hereto as Exhibit B, evidencing the conveyance of the
Properties. The City shall execute the Certificate(s) of Acceptance attached to the Grant
Deed(s), evidencing the City's acceptance of the conveyance. Each party shall itself bear any
costs it incurs in the conveyance of the Properties.
Section 2. Delegation of Redevelopment Functions and Powers.
(a) The Commission hereby delegates to the City all of the Commission's
functions and powers conferred by law with respect to the planning and undertaking of
redevelopment projects with respect to the Properties, including but not limited to, planning,
development, replanning, redesign, clearance, reconstruction, or rehabilitation,. or any
combination thereof, of the Properties; developing building sites on the Properties; providing
residential, commercial, industrial, public, or other structures or spaces on the Properties or with
respect to the Properties; altering, improving, modernizing, reconstructing, or rehabilitating, or
any combination of these, of existing structures on the Properties; providing for open -space uses
on the Properties or with respect to the Properties; continuing existing buildings or uses on the
Properties, including the continuation of existing affordable housing units on designated
Properties; disposing of the Properties or any improvements thereon; insuring the. Properties and
any improvements thereon; and renting, maintaining, managing, and repairing the Properties and
any improvements thereon.
(b) The City hereby accepts this delegation and agrees to cooperatively
undertake the redevelopment of the Properties in a manner consistent with all applicable laws
and the Redevelopment Plan (as it may be amended hereafter from time to time).
(c) It is hereby acknowledged and agreed that, so long as the City is not in
violation of the law or the Redevelopment Plan, the City has absolute discretion regarding its
exercise of the functions and powers delegated to it pursuant to this Agreement, including,
without limitation, the determination of specific actions to be undertaken with respect to the
redevelopment of the Properties, and the manner and timing of undertaking such actions. In no
way shall this Agreement be construed to require the City to undertake any specific project on or
to otherwise exercise any of its delegated powers with respect to any Property. Prior to
commencement of work on any redevelopment project, all necessary environmental review
required by the California Environmental Quality Act ( "CEQA ") shall be completed. This
Agreement in no way limits the discretion of the Planning Commission of the City, the
Commission Board or the City Council of the City in completing environmental review of such
proj ects.
(d) Except as otherwise provided herein, with respect to any Property
identified in Exhibit A as having been purchased with money from the Commission's Low and
Moderate Income Housing Fund ( "Low /Moderate Properties "), the City acknowledges and
agrees on by and for itself, its heirs, executors, administrators and assigns, and all persons
claiming under or through them, that it takes said Low /Moderate Properties subject to those
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restrictive covenants placed on the Property by the Commission and subject to the duty to
maintain the affordability level of each Low /Moderate Property in compliance with those
covenants. If City desires to use all or any portions of the Low /Moderate Properties for other
than affordable housing purposes, City shall reimburse the Commission's Low and Moderate
Income Housing Fund or, in the event Commission is no longer in existence, such other City
affordable housing fund as may be established by City for affordable housing purposes, on a pro
rata basis based on the cost to Commission of the Low /Moderate Properties, or portion thereof,
which are required to be used, but will no longer be used, for affordable housing purposes. In all
events, however, City shall use, develop or cause the development of the Low /Moderate
Properties in a manner consistent with the Redevelopment Plan as in effect on the effective date
of this Agreement.
Section 3. Nondiscrimination. The City covenants by and for itself, its heirs,
executors, administrators and assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code,
as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein
conveyed, nor shall the City, or any person claiming under or through it, establish or permit any
practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises
herein conveyed.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph.
All deeds, leases or contracts entered into with respect to each Property shall contain or
be subject to substantially the following nondiscrimination /nonsegregation clauses:
(a) In deeds: "The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or group of
persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California
Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California
Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of
the premises herein conveyed, nor shall the Grantee himself or herself, or any person claiming
under or through him or her, establish or permit any practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees in the premises herein. conveyed. The foregoing
covenants shall run with the land.
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Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
(b) In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through him
or her, and this lease is made and accepted upon and subject to the following conditions: That
there shall be no discrimination against or segregation of any person or group of persons, on
account of any basis listed in subdivision (a) or (d) of Section 12955 of the California
Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California
Government Code, in the leasing, subleasing, transferring, use or occupancy, tenure or
enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
(c) In contracts: "The contracting party or parties hereby covenant by and for
himself or herself and their respective successors and assigns, that there shall be no
discrimination against or segregation of any person or group of persons, on account of any basis
listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those
bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision
(p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the contracting
party or parties, any subcontracting party or parties, or their respective assigns or transferees,
establish or permit any such practice or practices of discrimination or segregation.
Notwithstanding the immediately preceding paragraph, with respect to familial status,
said paragraph shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the California Government Code. With respect to familial status, nothing in said
paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and
Section. 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of
the California Government Code shall apply to said paragraph."
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Section 4. Indemnification.
(a) The Commission agrees, to the fullest extent permitted by law but subject
to Section 4(b) below, to indemnify, defend and hold harmless the City and its Council
Members, officers, employees and agents from and against any and all losses, claims, damages,
liabilities, penalties, fines, forfeitures or expenses (including attorney's fees), of every kind,
character and nature whatsoever arising out of the execution of and performance under this
Agreement, including, but not limited to, those arising out of, resulting from or in any way
connected with the acquisition, condition, ownership, use, or possession of the Properties or any
part thereof. The Commission's indemnity obligations contained in this Section 4(a) shall
survive the termination or expiration of this Agreement.
(b) In contemplation of the provisions of California Government Code
Section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such
entities being parties to an agreement as defined by Government Code Section 895, the parties
hereto, as between themselves, pursuant to the authorization contained in Government Code
Sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its
officers, agents or employees, by law for injury caused by negligent or wrongful acts or
omissions occurring in the performance of this Agreement to the same extent that such liability
would be imposed in the absence of Government Code Section 895.2. To achieve the above -
stated purpose, each party indemnifies, defends and holds harmless the other party for any
liability, losses, cost or expenses that may be incurred by such other party solely by reason of
Government Code Section 895.2.
Section 5. Default.
(a) If either party fails to perform or adequately perform an obligation
required by this Agreement within thirty (30) calendar days of receiving written notice from the
non- defaulting party, the party failing to perform or adequately perform shall be in default
hereunder. Any failure or delay by either party in asserting any of its rights and remedies as to
any default shall not operate as a waiver of any default or of any such rights or remedies.
(b) In the event of default, the non- defaulting party will have all the rights and
remedies available to it at law or in equity to enforce the provisions of this Agreement, including
without limitation, the right to seek specific performance and /or sue for damages for breach of
contract. The rights and remedies of the non - defaulting party enumerated in this paragraph are
cumulative and shall not limit the non - defaulting party's rights under any other provision of this
Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of
the date of the Agreement or hereinafter enacted or established, that may be available to the non-
defaulting party against the defaulting party.
Section 6. Nonliability of Officials and Employees. No Commission member, City
Councilmember, and no official, agent, or employee of the Commission or the City shall be
personally liable to the other parties, or any successor in interest, in the event of any default or
breach by the Commission or the City, or for any amount which may become due to the City or
Commission, or successor thereto, or, on any obligations under the terms of this Agreement.
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Section 7. Law Governing. This Agreement is made in the State of California under
the constitution and laws of the State of California, and is to be so construed.
Section 8. Severability. Each and every provision of this Agreement is, and shall be
construed to be, a separate and independent covenant and agreement. If any term or provision of
this Agreement or the application thereof shall to any extent be held to be invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to
circumstances other than those to which it is invalid or unenforceable, shall not be affected
hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the
extent permitted by law.
Section 9. Entire Agreement, Waivers and Amendments. This Agreement, together
with all attachments and exhibits hereto, constitutes the entire understanding and agreement of
the parties. No person is authorized to make, and by execution hereof the City and the
Commission acknowledge that no person has made, any representation, warranty, guaranty or
promise except as set forth herein; and no agreement, statement, representation or promise made
by any such person which is not contained herein shall be valid or binding on the City or the
Commission.
Section 10. Future Cooperation. The City and the Commission agree to take all
appropriate actions and execute and, if appropriate, record any documents which may reasonably
be necessary or convenient to implement the intent of this Agreement.
Section 11. Survival. The provisions hereof shall not terminate but rather shall
survive any conveyance hereunder.
Section 12. Binding on Successors. The covenants established in this Agreement
shall, without regard to technical classification and designation, be binding on the parties hereto
and their successors and assigns.
Section 13. No Third Party Beneficiaries. This Agreement is made and entered into
for the sole protection and benefit of, and shall be binding upon, the parties and their respective
successors and assigns. No other person shall have any right of action based upon any provision
of this Agreement.
Section 14. Counterparts. This Agreement may be executed simultaneously in one or
more counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
[Signatures on next page]
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CITY OF ROHNERT PARK
M.
Gina Belforte, Mayor
Attest:
Judy Hauff, City Clerk
Approved As To Form:
BY:
Michelle Marchetta Kenyon,
City Attorney
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-%-
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
ROHNERTPARK
By:
Gabriel A. Gonzalez, Executive Director
Attest:
Judy Hauff, Secretary
Approved As to Form:
BY:
Michelle Marchetta Kenyon,
General Counsel
EXHIBIT A
PARCELS TO BE TRANSFERRED
(1) Assessor's Parcel Number ( "APN ") 143- 051 -061, located at 6800 Hunter Drive in the
City of Rohnert Park, County of Sonoma, State of California;
(2) Assessor's Parcel Number ( "APN ") 143 - 380 -015, located at 6750 Commerce Boulevard
in the City of Rohnert Park, County of Sonoma, State of California;
(3) Assessor's Parcel Number ( "APN ") 143- 380 -022, located at 100 Avram Avenue in the
City of Rohnert Park, County of Sonoma, State of California;
(4) Assessor's Parcel Number ( "APN ") 143 -061 -052, located at 120 Avram Avenue in the
City of Rohnert Park, County of Sonoma, State of California;
(5) Assessor's Parcel Number ( "APN ") 143 - 051 -066, located at 415 City Center Drive in the
City of Rohnert Park, County of Sonoma, State of California;
(6) Assessor's Parcel Number ( "APN ") 143 - 051 -065, located at 6230 State Farm Drive in
the City of Rohnert Park, County of Sonoma, State of California;
(7) Assessor's Parcel Number ( "APN ") 143 -051 -076, located adjacent to the City Center
Plaza and fronting City Hall Drive and Rohnert Park Expressway in the City of Rohnert
Park, County of Sonoma, State of California;
(8) Assessor's Parcel Number ( "APN ") 045- 081 -007, located on the west side of Redwood
Drive immediately north of Wilfred Avenue in the City of Rohnert Park, County of
Sonoma, State of California;
(9) Assessor's Parcel Number ( "APN ") 045- 082 -053, located on the west side of Redwood
Drive immediately south of Wilfred Avenue in the City of Rohnert Park, County of
Sonoma, State of California;
(10) Assessor's Parcel Number ( "APN ") 143- 370 -010, located at 435 Southwest Boulevard in
the City of Rohnert Park, County of Sonoma, State of California;
(11) *Assessor's Parcel Number ( "APN ") 143- 273 -023, located at 7668 Beverly Drive in the
City of Rohnert Park, County of Sonoma, State of California;
(12) *Assessor's Parcel Number ( "APN ") 143 - 252 -005, located at 309 Burton Avenue in the
City of Rohnert Park, County of Sonoma, State of California; and
(13) *Assessor's Parcel Number ( "APN ") 143- 203 -001, located at 7783 Burton Avenue in the
City of Rohnert Park, County of Sonoma, State of California.
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(14) *Assessor's Parcel Number ( "APN ") 143- 271 -049, located at 746 Brett Avenue in the
City of Rohnert Park, County of Sonoma, State of California.
(15) *Assessor's Parcel Number ( "APN ") 143 - 073 -005, located at 7982 Santa Barbara Drive
in the City of Rohnert Park, County of Sonoma, State of California.
* Denotes Low /Moderate Properties acquired with funds from Commission's Low and Moderate
Income Housing Fund.
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EXHIBIT B
FORM OF GRANT DEED
(Attached hereto)
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
Attention: City Manager
APN: (SPACE ABOVE FOR RECORDER'S USE ONLY)
[Exempt from recording fee per Gov. Code § 27383]
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
The undersigned declares that this Grant Deed is exempt from Recording Fees pursuant to
California Government Code Section 27383 and exempt from Documentary Transfer Tax
pursuant to California Revenue and Taxation Code Section 11922.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged the
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK, a
public body, corporate and politic ( "Grantor ") hereby grants to CITY OF ROHNERT PARK, a
municipal corporation ( "Grantee "), certain real property located in the County of Sonoma, State
of California, more particularly described on Exhibit A attached hereto and incorporated herein
by reference ( "Property ").
1. The Property is conveyed subject to the Redevelopment Plan for the Rohnert Park
Redevelopment Project Area ( "Redevelopment Plan "). The Property is also conveyed subject to
(a) general and special real property taxes and assessments and supplemental assessments for the
current fiscal year; (b) all liens, encumbrances, easements, covenants, conditions and restrictions
of record; and (c) all matters which would be revealed or disclosed in an accurate survey of the
property.
2. Grantee hereby covenants and agrees, for itself and its successors and assigns, that
Grantee shall maintain and use the Property in accordance with the uses and provisions of the
Redevelopment Plan.
3. Grantee herein covenants by and for itself and its successors and assigns that there
will be no discrimination against or segregation of, any person or group of persons on account of
any basis listed in subdivision (a) or (d) of section 12955 of the Government Code, as those bases
are defined in sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p) of
section 12955, and section 12955.2 of the Government Code, in the sale, lease, sublease, transfer,
use, occupancy, tenure, or enjoyment of the Property herein conveyed, nor shall Grantee establish
or permit any practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the
Property herein conveyed. The foregoing covenants shall run with the land. Each and every deed,
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6808 v1
lease and contract entered into with respect to the Property shall contain or be subject to
substantially the following nondiscrimination or nonsegregation clauses:
a. In deeds: "The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assigns, and all persons claiming under or
through them, that there will be no discrimination against or segregation of, any person or
group of persons on account of any basis listed in subdivision (a) or (d) of section 12955
of the Government Code, as those bases are defined in sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section 12955.2
of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or.
enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming
under or through him or her, establish or permit any practice or practices of discrimination
or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The
foregoing covenants shall run with the land."
b. In leases: "The lessee herein covenants by and for himself or herself, his or
her heirs, executors, administrators, and assigns, and all persons claiming under or through
him or her, and this lease is made and accepted upon and subject to the following
conditions: That there shall be no discrimination against or segregation of any person or
group of persons, on account of any basis listed in subdivision (a) or (d) of section 12955
of the Government Code, as those bases are defined in sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and section 12955.2
of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure,
or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any
person claiming under or through him or her, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location, number,
use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises
herein leased."
C. In contracts: "There shall be no discrimination against or segregation of
any person or group of persons, on account of any basis listed in subdivision (a) or (d) of
section 12955 of the Government Code, as those bases are defined in sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of section 12955, and
section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself
or any person claiming under or through him or her, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the
premises."
4. No violation. or breach of the covenants, conditions, restrictions, provisions or
limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the
lien or charge of any mortgage, deed of trust or other financing or security instrument recorded
against the Property, provided, however, that any successor of Grantee to the Property shall be
bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether
OAK #4833 -3847- Exhibit B -3
6808 v l
such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or
otherwise.
S. Grantee's covenants contained in Section 2 of this Grant Deed shall remain in
effect until the termination date of the Redevelopment Plan.
6. The covenants against discrimination, as set forth in paragraph 3, shall remain in
effect in perpetuity.
7. Any amendments to the Redevelopment Plan that change the uses or development
permitted on the Property or change the restrictions or controls that apply to the Property or
otherwise affect the Property shall require the written consent of the Grantee. Amendments to the
Redevelopment Plan applying to other property in the Project Area shall not require the consent of
the Grantee or its successor in interest to the Property.
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be
executed on their behalf by their respective officers thereunto duly authorized as of the dates set
forth below.
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF ROHNERT PARK,
a public body, corporate and politic
Dated: March 8, 2011
I'
Gabriel A. Gonzalez, Executive Director
[notary acknowledgement required]
"GRANTOR"
ATTEST:
Judy Hauff, Secretary
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, General Counsel
OAK 44833 -3847- Exhibit B-4
6808 vl
The provisions of this Grant Deed are hereby approved and accepted.
CITY OF R01 NERT PARK, a municipal
corporation of the State of California
Dated: March 8, 2011 By:
Gina Belforte, Mayor
[notary acknowledgement required]
"GRANTEE"
ATTEST:
Judy Hauff, Secretary
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, General Counsel
OAK #4833- 3847 Exhibit B -5
6808 v 1
STATE OF CALIFORNIA
ss.
COUNTY OF
On , before me, , a
notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
STATE OF CALIFORNIA
ss.
COUNTY OF
On , before me, , a
notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
OAK #4833 -3847- Exhibit B -6
6808 v 1
Exhibit A
to Grant Deed
DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SONOMA, DESCRIBED AS FOLLOWS:
[To be inserted]
OAK 44833 -3847- Exhibit B -%
6808 v 1
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed to the City of Rohnert Park by that
certain Grant Deed dated March 8, 2011,.executed by the Community Development Commission
of the City of Rohnert Park is hereby accepted by the undersigned office on behalf of the City of
Rohnert Park pursuant to the authority conferred by the City of Rohnert Park at the City Council
meeting held on March 8th, 2011, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated: March 8, 2011
CITY OF ROHNERT PARK,
a municipal corporation
IN
Gina Belforte, Mayor
OAK ##4833 -3847-
6808 vl Exhibit B -8