2012/02/28 City Council Resolution 2012-19RESOLUTION NO. 2012-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING. THE FIRST AMENDMENT TO LEASE AGREEMENT BY AND
BETWEEN THE ROHNERT PARK SEWER ENTERPRISE ( "DISTRICT ") AND THE
SONOMA COUNTY OFFICE OF EDUCATION ( "SCOE")
WHEREAS, District and SCOE entered in a lease agreement for the property located at
303 J Rogers Lane, Rohnert Park, California, on May 26, 1998 ( "Lease "). The Lease provides
the terms and conditions for SCOE's lease of the subject property from District.
WHEREAS, Section 10 of the Lease provides that SCOE shall pay for all utilities and
services including without limitation, gas, electricity and water.
WHEREAS, District and SCOE considered two alternatives to recover costs: charging a
flat rate for utility usage or requiring SCOE to install a separate PG &E connection. District and
SCOE determined that the installation of a PG &E connection is not a reasonable solution for a
temporary use.
WHEREAS, SCOE will pay a monthly flat fee to the District, as additional monthly rent,
to compensate the District for the utility and service charges SCOE is required to pay.
NOW, THEREFORE, BE IT RESOLVED that the Rohnert Park City Council hereby
approves the First Amendment to Lease Agreement between the Rohnert Park Sewer Enterprise
and the Sonoma County Office of Education.
DULY AND REGULARLY ADOPTED this 28t' day of February, 2012.
CITY OF ROHNERT PARK
AHANOTU: AYE BELFORTE: AYE CALLINAN: AYE STAFFORD: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
3
FIRST AMENDMENT TO LEASE AGREEMENT
This First. Amendment. to lease .-Agreement. (":First Ame ndment "), which is dated. . for
en ere:
ref as. of'Februar . �8 hereby hAo by and: between the ROjMRT,PARK
February 2012, is. ere..
and the Sonoma County ( "SCOE "), - f
_I�ISTXJC. �strict"),,
...R. _T
Offices of Education ('S as .61lows.
RWITALS
-A. District and SCOE entered ii to albasi , e, *' -t -.e prop -at. 303 j Rogers
Tease agr. emen..for the property located
Lane, Rohnert I Park, 'California; on May 26, 1-908 ("Leage"). The Lease provides. the
terms and conditio - for SCO s le T rty from District.
aseaofthesji�jiectp op e
B. Section 10- of the Lease provides. that SCOE shall pay for all utilities and services,
including. without In'nitation, gas,: electricity and water.
C... SCOE has not. been paying yi 9
8'. in for utilities and services as required by Section 10 of the
Lease.
D*. This First. Amendment: amends Section, 10. -to provide that SCOE will pay a monthly flat
Be.0 .'t' * District, i tri
the 1-stuictjag 41 nthly
_0 rental amount,. as reimbursement. to the
District for the utility. and set vices OWgps% $'.C'0,'E is required to pay.
OPERATIVE PROVISIONS.
NOW,, THEREFORE, doi"r" . of the s
made and recited in, the 6-.he-re.byontdr'-ifitd.'t-hi.s.P--.it-8t.-A-mef.i*dih6 Which -modifies and amends the Lease as
Patties 4.
follows:
L , AMEND Section 10 of the Lease 'is: hereby modified and amended to read as
follow§:
"10. UTILITIES_ SCOE is responsible for the costs of all utilities and services,
including - without limitations,. gas;. electricity and water.. The parties agree that the
District will pay the invoices. for guoh utilities and services and SCOE will reimburse the
.$ .
District. SCOE agrees to pay District,, as -additional rent, the sum of One. Hundred Forty
Two Dollars and Sixty Seven en Cents ($142.67). per month as reimbursement .for -utilities
and. services. This sum shall be payable at the same time and in the same manner I as the
rent payment provided for under 2. The District may modify this amount i * f . there
is any change in utility and service usage by SCOE by notifying SCOE in writing of the
change in the monthly fee amount."
2.. !GENERAL PROVISIONS.
2.1, Remainder Unchanged. Except as specifically modified and amended in
this First Amendment, the Lease remains in full force and effect and binding upon the parties.
2.2 Integration. This First Amendment consists of pages I through 2
inclusive, which, constitute the entire understanding and agreement. of the parties and supersedes
OAK #4822-0742-4-014 v-1 4-
All. negdowm:oT pmious WeM=ts between the parties witk respect to all or any part of the
transaotioft d.i` scus.s.e. in this : Fi ri, e adme
n.
,
:2.3 Effective. Date. Thus l First Amendment shall not become effective until
the date tt has been Wex f approved by the District and executed by the -appropriate authorities
of the Distrid -=d SCOE.
2.4 A-ppncabie Law. The laws: of the State of California shall govern the
inter
pretation -qud, enforcement ent. of this First Amendment.
ROWeAc-09. All. xeferences , to: the Lease include: all their.respective terms
and. provisions. All defined :terms utilized in this First.. Amendment have; the same, meaning as
provided in the Lease,. unless -e pressly.stated to the contrary. in flii& First Amendment.
IN WITNESS WHEREOF, the parties hereto: have ..executed this Fir9t..Amendment. to
the .Lease on the date acid -yea*r. first W.—tItteli above.
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