2008/04/22 City Council Resolution 2008-60RESOLUTION NO. 2008 -60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH ROBINSON OIL
CORPORATION FOR GROUNDWATER DISCHARGE SEWER RATE FOR THE
ROTTEN ROBBIE SERVICE STATION LOCATED AT
201 SOUTHWEST BOULEVARD
WHEREAS, Robinson Oil Corporation ( "Robinson") owns the Rotten Robbie Service
Station, located at 201 Southwest Boulevard in Rohnert Park, California ( "Service Station ");
WHEREAS, since 1996 the Service Station has been undergoing active remediation to
recover gasoline constituents from the subsurface soil and groundwater;
WHEREAS, since 2001 groundwater at the site has been discharged into City's municipal
sewerage system;
WHEREAS, Robinson has an industrial sewer permit for said discharge from Santa Rosa's
Subregional Sewer Systems;
WHEREAS, the groundwater discharge at the site meets drinking water quality standards
with respect to petroleum chemicals;
WHEREAS, City does not have an adopted groundwater discharge sewer service charge;
WHEREAS, section 13.42.035.0 of the Rohnert Park Municipal Code states that the City
Council "may enter into written agreements for rates other than those listed when special conditions
or circumstances make the listed rates inapplicable;" and
WHEREAS, discharge of clean groundwater represents a special condition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement by and between Robinson Oil
Corporation, a corporation, and the City of Rohnert Park, a municipal corporation, for a special
groundwater discharge sewer rate for the Rotten Robbie Service Station located at 201 Southwest
Boulevard.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute this agreement in substantially similar form to the attached agreement for and on
behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 22nd day of April, 2008.
ATTEST:
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CITY OF ROHNERT PARK
g) BREEZE: AYE SMITH: AYE STAFFORD: AYE
VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR GROUNDWATER DISCHARGE SEWER RATE
This Agreement is made and entered into on this date, April 22, 2008 by and between the
City of Rohnert Park, hereinafter referred to as "City," and Robinson Oil Corporation, hereinafter
referred to as "Robinson."
WHEREAS, Robinson owns the Rotten Robbie Service Station, located at 201 Southwest
Boulevard in Rohnert Park, California ("Service Station ");
WHEREAS, since 1996 the Service Station has been undergoing active remediation to
recover gasoline constituents from the subsurface soil and groundwater;
WHEREAS, since 2001 groundwater at the site has been discharged into City's municipal
sewerage system;
WHEREAS, Robinson has an industrial sewer permit for said discharge from Santa Rosa's
Subregional Sewer Systems;
WHEREAS, the groundwater discharge at the site meets drinking water quality standards
with respect to petroleum chemicals;
WHEREAS, City does not have an adopted groundwater discharge sewer service charge;
WHEREAS, Robinson is currently charged City's industrial sewer service charge of $13.80
per 1,000 gallons;
WHEREAS, section 13.42.035.0 of the Rohnert Park Municipal Code states that the City
Council "may enter into written agreements for rates other than those listed when special conditions
or circumstances make the listed rates inapplicable;" and
WHEREAS, discharge of clean groundwater represents a special condition.
NOW, THEREFORE, for the considerations set forth herein,' City and Robinson mutually
agree as follows:
1. SPECIAL GROUNDWATER DISCHARGE RATE. During the term of this
Agreement and subject to Sections 7 and 8 below, discharges of groundwater at the Service Station
site shall be charged the Special Groundwater Discharge Rate as set forth below.
A. For bills created after the effective date of this Agreement until January 1, 2009, the
Special Groundwater Discharge Rate shall be $6.31 per 1,000 gallons.
B. For bills created after January 1, 2009, and until January 1, 2010 the Special
Groundwater Discharge Rate shall be $6.83 per 1,000 gallons.
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2. PROCESSING COSTS. To reimburse City for the cost of preparation, review, and
execution of this Agreement, Robinson shall make a one -time payment of $2,000 within 10 days of
the effective date of the Agreement.
3. CITY STANDARD METER Within 60 days of the effective date of the
Agreement, Robinson will install an appropriately sized City standard Badger Recordall disc meter
with 5 foot lead and PIT 50W -2 Itron ERT on the discharge system at Service Station.
4. TERM. The term of this Agreement shall be from the date of its execution until the
effective date of any ordinance adopted by the City Council that sets forth a sewer service charge or
rate for groundwater discharges to the sewer system. Upon the effective date of such an ordinance,
this Agreement shall terminate and Robinson shall pay the groundwater sewer service charge or rate
as set forth in the ordinance.
5. NOTICES. All notices shall be made in writing and may be given by personal
delivery or by mail. Notices sent by mail should be addressed as follows:
TO CITY: City Engineer
CITY OF ROHNERT PARK
P.O. Box 1489
ROHNERT PARK, CA 94927
TO ROBINSON: Robinson Oil Corporation
Rotten Robbie #41
4250 Williams Road
San Jose, CA 95129
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of
actual delivery_ Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving notice pursuant to this Paragraph.
6. NO WAIVER OF CITY'S RIGHTS. Nothing in this agreement shall be construed
to diminish the full force and effect of all relevant City ordinances, codes, resolutions, policies and
regulations.
7. ADJUSTMENT OF SPECIAL GROUNDWATER DISCHARGE RATE. Auer
January 1, 2010, City shalt have the absolute and sole right to unilaterally adjust the Special
Groundwater Discharge Rate provided that the adjusted rate is less than the then current Industrial
rate as adopted by ordinance by the City Council.
8. CITY'S RIGHT TO TERNIINATEISUSPEND AGREEMENT. After January 1,
2010, City shall have the right to terminate this Agreement with or without cause. Such termination
shall have immediate effect.
9. NOT A PERMIT. This Agreement is not a permit to discharge to the sewer system.
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lb. ASSIGNMENT. The Agreement shall not be assigned by Robinson in whole or in
part, without the written consent of City.
11. MERGER This Agreement shall constitute the entire agreement between the
parties and shall supersede any previous agreements, whether verbal or written, concerning the same
subject matter. No modification of this Agreement shall be effective unless and until evidence by a
writing is signed by both parties.
12. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
13. INDEMNIFICATION. To the full extent permitted by law, Robinson shall
indemnify, hold harmless, release and defend City, its officers, employees and agents from and
against any and all actions, claims, demands, damages, disability, losses, expenses including
attorney's fees and other defense costs and liabilities of any nature that may be asserted by any
person or entity including Robinson, in whole or in part, arising out of Robinson's activities
hereunder, including the activities of other persons employed or utilized by Robinson in the
performance of this Agreement, excepting Iiabilsties due to the sole negligence or willful
misconduct of City. This indemnification obligation shall continue to bind the parties after
termination/completion of this Agreement_
14. ATTORNEY FEES APPLICABLE LAW AND FORUM. In the event either party
brings an action or proceeding for damages arising out of the other's performance under this
Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to
attorney fees and costs, whether or not such action or proceeding is prosecuted to ;judgment. This
Agreement shall be construed and interpreted according to California law, and any action to enforce
the terms of this Agreement or for the breach thereof shall be brought and tried in the County of
Sonoma.
15. COMPLIANCE WITH LAW. Robinson shall comply with all applicable federal,
state and local laws, rules and regulations affecting Robinson and its work hereunder. Robinson
represents and warrants to City that Robinson has and will maintain at its sole cost and expense at
all times during the duration of this Agreement all licenses, permits, qualifications and approvals of
whatsoever nature which are legally required for Robinson to remediate the Service Station site.
16. INTERPRETATION. Notwithstanding the fact that one or more provisions of this
Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be
interpreted as though they were a product of a joint drafting effort and no provisions shall be
interpreted against a party on the ground that said party was solely or primarily responsible for
drafting the language to be interpreted.
IT EXECUTION. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties when
at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement,
it shall not be necessary to produce or account for more than one such counterpart.
18. AUTHORITY. Each individual executing this Agreement on behalf of one of the
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parties represents that lie or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party.in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ROHNERT PARK: ROBINSON:
By: By: 3�i�lozi
Name: (Date) , Name: TF h ma s C.. Ko b: n san (Date)
Title: Title: �'tres:dcr�}
Per Resolution No. adopted By:
by the City Council` on Name: (Date)
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
4
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