2007/12/11 City Council Resolution (4)RESOLUTION NO. 2007-208
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING A DEFERRAL OF PAYMENT OF DEVELOPMENT RELATED FEES FOR
THE JEWISH COMMUNITY FREE CLINIC
WHEREAS, the Jewish Community Free Clinic ( "Clinic ") provides free and low -cost healthcare
services to Rohnert Park residents;
WHEREAS, the Clinic intends to perform renovation work at 490 City Center Drive;
WHEREAS, the Clinic's total cost of construction related to the renovation plan to make certain
exterior and interior improvements to the Clinic ( "Project ") is estimated to be $175,000.00;
WHEREAS, the total cost of the development fees assessed on the Project is estimated to be
$11,158.87;
WHEREAS, due to a shortage of funds, the Clinic has requested that the City defer collection of
the $11,158.87 in development related fees for a period of one year;
WHEREAS, the Clinic has agreed to pay the development fees in full on or before the first
anniversary of the effective date of the deferral;
WHEREAS, without the one -year deferral of development fees, the Clinic will be hindered in its
ability to provide free and low -cost healthcare services to Rohnert Park residents;
WHEREAS, the City of Rohnert Park benefits from the Clinic's provision of free and low -cost
healthcare services because the Clinic serves residents that do not have health insurance and who
might otherwise remain untreated, thereby decreasing the potential for communicable diseases
among Rohnert Park residents; and
WHEREAS, the terms and conditions of the City's deferral of the Clinic's development fees are
set forth in that certain Agreement for Deferral of Payment of Development Related Fees between
City and Clinic, attached hereto and incorporated herein as Exhibit A ( "Agreement ").
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert Park that
it hereby authorizes and approves the Agreement, which grants the Clinic a one -year deferral of its
obligation to pay the development fees assessed on the Project;
BE IT FURTHER RESOLVED that the deferral of collection of the $11,158.87 in
development fees for a period of one year will allow the Clinic to continue to provide essential
healthcare services to low- income residents of the City of Rohnert Park; and
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BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to
execute the Agreement and any amendments thereto.
DULY AND REGULARLY ADOPTED this 1 lth day of December, 2007.
ATTEST:
eputy City C erk
[f FORN0p
CITY OF ROHNERT PARK
Mayor
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
10332870 80078/0012
AGREEMENT FOR DEFERRAL OF PAYMENT OF CERTAIN
DEVELOPMENT RELATED FEES
THIS AGREEMENT FOR DEFERRAL OF PAYMENT OF
DEVELOPMENT RELATED FEES ( "Agreement ") is dated as of December ,
2007 ( "Effective Date ") and entered into between the City of Rohnert Park, a California
municipal corporation ( "City ") and The Jewish Community Free Clinic, a California
nonprofit corporation ( "Clinic ").
RECITALS
A. Clinic intends to perform renovation work ( "Project ") at 490 City Center Drive,
which is located on that certain real property located in the City of Rohnert Park,
California ( "Property "), as more particularly described on Exhibit "A" attached
and incorporated by reference into this Agreement.
B. In connection with the Project, Clinic is obligated to pay City certain fees ( "City
Fees "), as more particularly defined in this Agreement, which are usually assessed
by City in connection with the issuance of a building permit.
C. Clinic has requested that the City defer collection of the City Fees assessed in
connection with the Project.
D. City has agreed to defer payments of the City Fees in accordance with the terms
and conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, receipt of which is
hereby acknowledged, the parties agree as set forth below.
1. Incorporation of Recitals. The foregoing recitals are incorporated by reference
into this Agreement, as though fully restated herein.
2. City Fees.
"City Fees" means the following fees assessed by the City in connection with the
Project:
Building Permit Fee:
Plan Review Fee:
Electrical Fees:
Mechanical Fees:
Plumbing Fees:
State Strong Motion Fee:
Sewer Service Connection Fee:
Technology Fee:
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$1,413.00
1,703.75
46.75
38.00
55.50
36.75
5,968.13
105.98
Planning Department Application Review 100.00
General Plan Maintenance 875.00
Fire Services Plan Check 321.46
Fire Code / Life Safety Compliance Fee 494.55
TOTAL $11,158.87
The total amount of the City Fees is Eleven Thousand One Hundred Fifty -Eight
Dollars and Eighty -Seven Cents ($11,158.87).
3. Deferral and Payment of City Fees.
Clinic may defer payment of the City Fees for no later than the first anniversary
of the Effective Date ( "Due Date "). In the event City does not receive payment of the
City Fees by the Due Date, Clinic will be deemed to be in default under this Agreement
and City shall be entitled to seek any and all remedies in accordance with Section 10
hereunder.
4. Payment of Development Fees.
Clinic, and its successors and assigns, hereby unconditionally promises and agrees
to pay City when due all development and impact fees on the Project, except for the City
Fees, which shall be paid by Clinic in accordance with Section 3 of this Agreement.
This Agreement does not, and shall not be construed to, modify the amount of City Fees
and other development and impact fees assessed on the Project.
5. No Joint Venture Relationship.
The relationship between City and Clinic is not that of a partnership or joint
venture. Clinic is not and shall not be construed to be the agent of the City for any
purposes in connection with this Agreement.
6. Entire Agreement.
This Agreement constitutes the entire Agreement between the parties.
7. Severability.
If any term, provision, covenant or condition of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in no way be affected, impaired
or invalidated.
8. Notices.
Notice is considered given either (1) when delivered in person to the recipient
named as below, or (2) two days after deposit in the United States mail in a sealed
envelope or container, either registered or certified mail, return receipt requested, postage
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and postal charges prepaid, or (3) the next business day if sent by nationally recognized
courier service addressed by name and address to the party or person intended as follows:
To City: City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94928
Attn: City Manager
To Clinic:
9. Assignment.
Clinic shall have no right to assign its rights or obligations under this Agreement
without the written consent of City, which may be withheld in City's sole discretion.
10. Remedies
In addition to any other remedy provided by law or granted elsewhere under this
Agreement, the City may elect to seek in a court of appropriate jurisdiction such
injunctive orders as are necessary to secure performance by Clinic, and its successors and
assigns if any, of its commitments and obligations under this Agreement. In any such
action, the City shall, in addition to injunctive relief, be entitled to the full scope of
remedies afforded by law, including such damages as are allowed for breach of this
Agreement.
Clinic agrees to pay the following costs, expenses and attorneys' fees paid or
incurred by the City or adjudged by a Court: (a) all out -of- pocket costs and expenses, and
attorneys' fees paid or incurred in the drafting and negotiation of this Agreement;
(b) costs of suit and such sums the Court may adjudge as attorneys' fees in any action to
enforce payment of all or any amounts due under this Agreement; and (c) costs of suit
and such sum as the Court may adjudge as reasonable attorneys' fees in any other
litigation or controversy connected with the enforcement of this Agreement.
11. Headings Not Part of Agreement; Interpretation
The headings used in this Agreement are not part of the Agreement and will not
be considered in this interpretation. The words "include" and "including" shall in all
instances be interpreted as though followed by the words "without limitation." This
agreement shall be construed and enforced in accordance with the laws of the State of
California.
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12. Modifications to Agreement
This Agreement may be modified or amended only by subsequent written
agreement signed by each of the parties to this Agreement. Minor modifications of this
Agreement may be signed by the City Manager, so long as the basic intent, scope and
intent are not materially altered.
13. Authority
Clinic and each person executing this Agreement on behalf of Clinic does hereby
covenant and warrant that (a) Clinic is duly organized and validly existing under the laws
of the State of California; (b) Clinic has and is duly qualified to do business in California;
(c) Clinic has full power and authority to enter into this Agreement and to perform all of
its obligations hereunder; and (d) each person (and all of the persons if more than one
signs) signing this Agreement on behalf of Clinic is duly and validly authorized to do so.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written.
THE JEWISH COMMUNITY FREE
CLINIC, a California nonprofit corporation
By:
Title:
Its:
By:_
Title:
Its:
CITY OF ROHNERT PARK,
a California municipal corporation
By:
Stephen R. Donley
City Manager
APPROVED AS TO FORM:
City Attorney
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EXHIBIT A
Legal Description of the Property
The land referred to herein is situated in the State of Califomia, County of Sonoma, City of Rohn
Park, and is described as follows: ert.
LYING WITHIN THE CITY OF ROHNERT PARK, COUNTY OF SONOMA,. STATE .OF
CALIFORNIA, AND BEING ALL OF PARCEL 2 AND PARCEL3 AS SHOWN_ ON ROHNERT PARK
PARCEL MAP NO. 107, FILED IN BOOK 385 OF MAPS, PAGES 17 AND 18, SONOMA COUNTY
RECORDS, AND A PORTION OF PARCEL 2 AND CITY HALL DRIVE AS SHOWN ON ROHNERT
PARK PARCEL MAP NO. 54, FILED IN BOOK 278 OF MAPS, PAGES 48 AND 49 SONOMA
COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2. AS SHOWN' ON ROHNERT PARK
PARCEL MAP NO. 107, FILED IN BOOK 385 OF MAPS, PAGES 17 AND 18, SONOMA COUNTY
RECORDS, ALSO BEING A POINT, ON THE NORTHERLY LINE OF CITY HALL DRIVE AS
SHOWN ON ROHNERT PARK PARCEL MAP NO. 54, FILED IN BOOK 278 OF MAPS; PAGES 48
AND 49, SONOMA COUNTY RECORDS; THENCE ALONG THE WESTERLY LINE OF PARCEL 2
AS SHOWN ON SAID PARCEL MAP NO. 107, NORTH 00 °17'00°' EAST, 203.76 FEET TO THE
NORTHERLY LINE OF PARCEL 2 AS SHOWN ON SAID. PARCEL MAP NO. 107; THENCE
ALONG THE NORTHERLY LINE OF PARCEL 2 AND PARCEL 3 AS SHOWN ON SAID PARCEL
MAP NO. 107 AND THE NORTHERLY LINE OF PARCEL 2 AS SHOWN ON SAID PARCEL MAP
NO. 54, THE FOLLOWING THREE COURSES; NORTH 89 °23'08" EAST 376.73 FEET; SOUTH
00 017'00" WEST 20.65 FEET; NORTH 89 °23'08" EAST 101.18 FEET; THENCE LEAVING SAID
NORTHERLY LINE, SOUTH 00 017'00" WEST, 190.45 FEET; THENCE NORTH 89 °43'00° WEST,
15.38 FEET; THENCE ON A CURVE TO THE LEFT, RADIUS OF 108.00 FEET, CENTRAL ANGLE
OF 21 017'20 ", LENGTH OF 40.13 FEET; THENCE ON A REVERSE CURVE, RADIUS OF 92.00
FEET, CENTRAL ANGLE OF 21 017'20 ", LENGTH OF 34.18 FEET, THENCE NORTH 89 043'00"
WEST, 304.51 FEET; THENCE ON A CURVE TO . THE RIGHT, RADIUS OF 92.00 FEET,
CENTRAL ANGLE OF 21 °10'19 ", LENGTH OF 34.00 FEET; THENCE ON A REVERSE CURVE,
RADIUS OF 108.00 FEET, CENTRAL ANGLE OF 21 °10'19 ", LENGTH OF 39.91 FEET TO THE
NORTHERLY LINE OF SAID CITY HALL DRIVE; THENCE ALONG SAID NORTHERLY LINE OF
CITY HALL DRIVE, NORTH 89 °43'00" WEST, 13.10 FEET TO THE POINT OF BEGINNING.
BASIS OF BEARINGS:
ROHNERT PARK PARCEL MAP NO. 107, .FILED IN BOOK 385 OF MAPS, PAGES 17 AND 18,
SONOMA COUNTY RECORDS_ PARCELS 2 AND 3 MERGED PURSUANT TO NOTICE OF
MERGER OF PARCELS RECORDED SEPTEMBER 21, 2005, INSTRUMENT NO. 2005 - 140144.
APN: 143- 051 -081
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