2007/07/10 City Council Resolution 2007-114RESOLUTION NO. 2007 -114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN
AMENDMENT TO IMPROVEMENT AGREEMENT WITH
CPX ROHNERT GATEWAY OPAG, LLC
FOR HAMPTON INN AND SUITES SUBDIVISION
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve an amendment to improvement agreement by and between CPX Rohnert
Gateway OPAG, LLC, a California limited liability company, and the City of Rohnert Park, a
municipal corporation, for extending the completion date to December 31, 2007.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute this amendment in substantially similar form to the attached amendment for and on
behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 10th day of July, 2007.
CITY OF ROHNERT PARK
Mayor
ATTEST: gRNERT P4,
City
lFpRN�?'
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
City of Rohnert Park )
6750 Commerce Boulevard )
Rohnert Park, California 94928 -2486 )
Attention: City Clerk )
(Space Above This Line for Recorder's Use Only)
Exempt from recording fee per Gov. Code § 27383.
AMENDMENT TO IMPROVEMENT AGREEMENT
HAMPTON INN AND SUITES SUBDIVISION
PARCEL MAP NO. 176
CITY OF ROHNERT PARK
THIS AMENDMENT TO IMPROVEMENT AGREEMENT ( "Amendment ") is made
and entered into on this day of , 2007 (the 'Effective Date ")
by and between CPX Rohnert Gateway OPAG, LLC ( "Developer "), and the CITY OF
ROHNERT PARK, a California municipal corporation ( "City").
RECITALS
A. On January 12, 2006 the Subdivision Committee of the City of Rohnert Park
approved the tentative map for the Hampton Inn and suites subdivision, prepared by Adobe
Associates, Inc., and dated November 2, 2005 (the "Tentative Map "), subject to certain
conditions of approval (the "Conditions ").
B. The Conditions require either (1) that certain improvements (the "Improvements ")
be constructed prior to approval of the final map, or (2) that Developer enter into an agreement
with the City providing for the future construction of such Improvements.
C. Developer applied to City for final map approval without having completed the
required Improvements.
D. Developer submitted plans, specifications and drawings for the improvements
prepared by Adobe Associates, Inc. and landscaping plans prepared by Resource Design
Landscape Architects (hereinafter collectively referred to as the "Improvement Plans "), which
Improvement Plans were approved by the City Engineer.
E. On June 13, 2006 City and Developer entered into an Improvement Agreement
providing for the construction and installation of the Improvements in accordance with the
Improvement Plans within one year.
F. Developer has requested to extend the completion date to December 31, 2007, and
the City is amenable to this extension.
1018549v180078/0012
AGREEMENT
NOW, THEREFORE, in consideration of the faithful performance of the terms and
conditions set forth in this Agreement, the parties hereto agree as follows:
1. Completion Date. Developer will complete the Work no later than
December 31, 2007. All Work will be completed in a good and workmanlike manner in
accordance with accepted design and construction. practices. This completion date may be
extended by the City in its sole and absolute discretion at the request of Developer, which
request shall be accompanied by a written assurance acceptable to the City Attorney that the
securities required by Section 13 shall remain enforceable throughout the term of the extension.
2. The remainder of the Improvement Agreement between the City and Developer
dated June 13, 2006 remains in effect.
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the
date set forth below.
Dated:
ATTEST:
City Clerk
1
, b �jl
1018549v180078/0012
"CITY"
CITY OF ROHNERT PARK, a California
municipal corporation
Stephen R. Donley, City Manager
"DEVELOPER"
CPX Rohnert Gateway OPAG, LLC, a
California limited liability company
By: Corporex Select
Kentucky lim�
Manager
Dated:
Its:
THIS SIGNATURE MUST BE NOTARIZED
State of►�
County of �t OY1
Hotels, LLC,
,� �P-
On JUYQ- a before me, MON A. "o5s
Notary Public, personally appeared clujs i
personally known to me (or 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.
WITNESS my hand and official seal.
Signatureci (Seal)
omtnissii»t g; e5 JL�e C, 2G�
1018549v180078/0012