2012/10/09 City Council Agenda Packet
Mission ,S'tatement
"We Care for Our Residents by Working Together to
Build a Better Communityfor Today and Tomorrow. ..
City of Rohnert Park. 130 Avram Avenue. Rohnert Park, California 94928
PHONE: (707) 588-2227. FAX: (707) 792-1876 . WEB: www.rpcitv.on!
ROHNERT PARK CITY COUNCIL
Rohnert Park Financing Authority (RPFA)
Successor Agency to the Community Development Commission (CDC)
JOINT REGULAR MEETING AGENDA
Tuesday, October 9, 2012
Open Session: *5:00 p.m.
MEETING LOCATION: CITY HALL - COUNCIL CHAMBER
130 Avram Avenue, Rohnert Park, California
The Rohnert Park City Council welcomes your attendance, interest and participation at its regular
city meetings scheduled on the second and fourth Tuesdays of each month at 5 :00 p.m. in the
Council Chamber. City Council/RPF A agendas and minutes may be viewed at the City's website:
www.rpcitv.org.
PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items
listed on this agenda. If you challenge decisions of the City Councilor the Rohnert Park Financing
Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or
someone else raised at public hearing(s) described in this agenda, or in written correspondence
delivered to the City of Rohnert Park at, or prior to the public hearing(s).
SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code & 54952.3):
Members of the City Council receive no additional compensation as a result of convening this joint
meeting of the City Council and the Rohneti Park Financing Authority.
PUBLIC COMMENTS: For public comment on items listed or not listed on the agenda, or on
agenda items if unable to speak at the scheduled time (limited to three minutes per appearance and a
30 minute total time limit, or allocation of time based on number of speaker cards submitted)
- PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING -
*SEE NOTE AT THE END OF THIS AGENDA
ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication
devices upon entering the Council Chamber. Use of these devices causes electrical interference with
the sound recording and TV broadcast systems.
Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the
agenda are available for public inspection Thursday before each regularly scheduled City Council meeting at City
HalL located at 130 Avram Avenue. Any writings or documents subject to disclosure that are provided to alL or a
majority of alL of the members of the City Council regarding any item on this agenda after the agenda has been
distributed will also be made available for inspection at City Hall during regular business hours.
City of Rohnert Park Joint Regular Meeting Agenda
for City Council/Rohnert Park Financing Authorityl..S'uccessor Agency
October 9, 2012
Page 2 of5
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING-
CALL TO ORDER/ROLL CALL
(Ahanotu_ Belforte _ Callinan_ Stafford_Mackenzie-->
2. PLEDGE OF ALLEGIANCE
Led by Annabella Duccini and Kyralynn Neilsen, John Reed Elementary School
students
3. PRESENTATION
A. Mayor's Presentation of a Proclamation Proclaiming October 2012 as Domestic
Violence Awareness Month in Rohnert Park
B. Certificates of Recognition of the 50th Anniversary Event Sponsors and Organizers
4. SSU STUDENT REPORT
By Bernadette Butkiewicz, Sonoma State University Associated Students, Inc. (SSU
ASI) Legislative Representative
5. DEPARTMENT HEAD BRIEFING
A. Department of Public Works & Community Development: Friendly City Sign Update
6. PUBLIC COMMENTS
Persons wishing to address the Council on any Consent Calendar item or on City
business not listed on the Agenda may do so at this time. Each speaker will be allotted
three minutes. Those wishing to address the Council on any report item listed on the
Agenda should submit a "Speaker Card" to the City Clerk before announcement (?fthat
agenda item.
7. CONSENT CALENDAR
All items on the Consent Calendar will be considered together by one action (?f the City
Council and/or the Rohnert Park Financing Authority and Successor Agemy to the
Community Development Commission, whichever is applicable, unless any Council
Member or anyone else interested in a consent calendar item has a question about the
item.
A. Approval of Minutes for:
1. City Council/RPF A/Successor Agency Joint Regular Meeting September 25,
2012
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated October 9, 2012
2. Successor Agency to the CDC Bills/Demands for Payment dated October 9, 2012
3. City - Cash Report for Month Ending August 2012
C. City Council Resolutions for Adoption:
1. 2012-116 Authorize and Approve Amended and Restated Grant of Storm
Drain Easement Agreement, NBC Pminers, LLC, Relating to the
Chipotle Building (APN 143-051-073)
City of Rohnert Park Joint Regular Meeting Agenda
for City Council/Rohnert Park Financing A utllOrityl..S'uccessor Agency
October 9, 2012
Page 3 of5
2. 2012-118 Rejecting the Claim of Carol D. Doney
Council MotionN ote
8. ORDINANCE FOR INTRODUCTION AMENDING SECTION 5.04.060 OF THE
ROHNERT PARK MUNICIPAL CODE "EXEMPTIONS" OF TITLE 5,
"BUSINESS LICENSE - GENERAL PROVISIONS"
Introduce of Ordinance proposing to exempt cetiain vendors from business license fees
A. Staff RepOli
B. Public Comment
C. Ordinance for Introduction: Waive full reading and introduce Ordinance by
Reading title: An Ordinance of the City Council of the City of Rohnert Park
Amending Section 5.04.060, "Exemptions" of Title 5, "Business Licenses-
General Provisions", of the Rohnert Park Municipal Code
1. No. 849 Authorizing an amendment to Chapter 5.04 of the Rohnert Park
Municipal Code exempting certain vendors from business license
fees
a. Council motion/discussion/roll call vote
(Ahanotu_ Belforte_ Callinan_ Stafford_ Mackenzie-->
9. BOARD / COMMISSION / COMMITTEE APPOINTMENT
Council consideration of an "at large" nomination and appointment of one (1), two-year
term, expiring December 31,2012 to the Sister Cities Relations Committee.
A. Staff RepOli
B. Public Comments
C. Council nomination/discussion/action
10. PUBLIC HEARING (NO EARLIER THAN 6PM) Application by Danny Nakash
for Certificate of Convenience- Taxi Permit for Raz Taxi and Limousine Services
Determine if a Certificate of Public Convenience (Taxi Pennit) should be issued to
Danny Nakash d.b.a. Raz Taxi and Limousine Service
A. Staff RepOli
B. Public Hearing
C. Resolution for Adoption
1. 2012-117 Finding the Public Convenience and Necessity for Danny Nakash
d.b.a. Raz Taxi and Limousine Services to provide taxicab service
in Rohnert Park
a. Council MotionlDiscussionN ote
11. STANDING COMMITTEE / LIAISON REPORTS
This time is set aside to allow Council members serving 011 Council committees or 011
regional boards, commissions or committees to present a verbal report on the activities
C?fthe respective boards', commissions or committees on which they serve. No action may
be taken.
City of Rohnert Park Joint Regular Meeting Agenda
for City Council/Rohnert Park Financing A utllOrityl..S'uccessor Agency
October 9, 2012
Page 4 of5
A. Standing Committee Reports
B. Liaison Reports
1. Russian River Watershed Association BOD, 9/27 (JM/PS)
2. SCTA/RCPA, 10/8 (JM)
3. Chamber of Commerce BOD, 9/18 (PS)
4. Golf Oversight Committee, 10/2 (PS)
C. Other Reports
12. COMMUNICA TIONS
Copies (?fcoml1/1/J/ications have been provided to COl/J/cilfor review prior to this
meeting. Council Members desiring to read or discuss any communication may do so at
this time. No actionl7lay be taken except to place a particular item on aflfture agenda for
Council consideration.
A. Letter from Y oshiyuki Kinoshita, Mayor of Hashimoto City, Japan congratulating the
City on its 50th Anniversary
B. Director of Public Works & Community Services McArthur's response to Maurice
Fredericks question about ownership/maintenance of trees fronting 6950 Commerce
13. MATTERS FROM/FOR COUNCIL
A. Scheduling of future agenda item regarding expiring terms of City of Rohnert Park's
boards, commissions, and committees
1. Council discussion/direction
14. PUBLIC COMMENTS
Persons wishing to address the Council on any Consent Calendar item or on City
business not listed 011 the Agenda may do so at this time. Each speaker will be allotted
three minutes. Those wishing to address the Council on any report item listed on the
Agenda should submit a "Speaker Card" to the City Clerk before announcemeJlt qfthat
agenda item.
15. CONSIDERA TION AND APPROVAL OF LEASE AGREEMENT BETWEEN
THE CITY OF ROHNERT PARK AND ROHNERT PARK GOLF LP
(COURSE CO, INC.) FOR THE OPERATION AND MAINTENANCE OF THE
CITY'S TWO 18-HOLE GOLF COURSES (FOXTAIL GOLF COURSE)
Adopt a Resolution authorizing and approving a lease agreement with Rohnert Park Golf
LP (Courseco, Inc.) for the operation and maintenance of Foxtail Golf Course
A. Staff Report
B. Public Comments
C. Resolution for Adoption:
1. 2012-119 Authorizing and Approving Foxtail Golf Course Lease Agreement
by and between the City of Rohnert Park and Rohnert Park LP, A
California Limited Partnership
a. Council motion/discussion/vote
City of Rohnert Park Joint Regular Meeting Agenda
for City Council/Rohnert Park Financing A utllOrityl..S'uccessor Agency
October 9, 2012
Page 5 of5
16. CLOSED SESSION
A. Recess to Closed Session in Conference Room 2A to Consider:
1. Conference with Legal Counsel - Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b) of Government Code
S 54956.9: (One case)
2. Personnel Matters (Government Code S 54957)
Public Employee Performance Evaluation - Title: City Manager
3. Personnel Matters (Government Code S 54957)
Public Employee Performance Evaluation - Title: City Attorney
B. Reconvene Joint Regular Meeting Open Session In Council Chamber
C. Mayor's Report On Closed Session (Government Code S 54957.1)
17. ADJOURNMENT
*NOTE: Time shown for any paliicular matter on the agenda is an estimate only. Matters may be
considered earlier or later than the time indicated depending on the pace at which the meeting
proceeds. If you wish to speak on an item under discussion by the Council which appears on this
agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name
and address for the record. Any item raised by a member of the public which is not on the agenda
and may require Council action shall be automatically referred to staff for investigation and
disposition which may include placing on a future agenda. If the item is deemed to be an emergency
or the need to take action arose after posting of the agenda within the meaning of Government Code
Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item
under said Government Code and may take action thereon.
DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other
person to assist you while attending this City Council meeting, please contact the City Clerk's Office
at (707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation
by the City. Please notify the City Clerk's Office as soon as possible if you have a visual impairment
requiring meeting materials to be produced in another format (Braille, audio-tape, etc.)
CERTIFICATION OF POSTING OF AGENDA
L JoAnne Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the October
9, 2012, Joint Regular Meeting of the Rohnert Park City CouncillRPF A was posted and available for review
on October 4. 2012. at Rohnert Park City Hall. 130 Avram Avenue. Rohlle11 Park. California 94928. The
agenda is also available on the City web site at www.l1lcih'.on!:.
Executed this 4th day of October. 2012. at Rohlle11 Park. California.
JoAnne M. Buergler. City Clerk
COURTESY AGENDA
10/9/12
Connie Bolmeier
Rohnert Park-Cotati Regional
Library
6250 Lynne Conde Way
Rohnert Park, CA 94928
SSU
butkiewiaV,seaw 0 If.son oma.ed u
Rohnert Park Patch
rohnertparkaV,patch.com
Press Democrat
i eremy .hayaV,pressdem ocrat.com
Eunice Edginton (canceled mail
subscription 9/12 and requested
email to:
charlie51 @sonic.net
KawhlRiJp:Jlde
Krift@fi'mtmemmmuccmn _ "/
'I"COCcrrom.tlrmitiniL&ditl~.kJall
,~)
Joe Ripple
i oe@schellingerbrothers.com
TCC Construction Coalition (all
agendas)
Danny Nakash
Raz Taxi and Limousine Service
4415 Whistler Avenue,
Santa Rosa, California
~
Annabella Duccini
Tena Duccini
418 Ava Ave.
Rohnert Park, CA 94928
~{Q\l.\Y1n N(L\\SeJl
jU\\a... \\l.Q\\S~O
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~Y\V)ex-.r ~W\LI e-A q\f~Z-~
Keith Ripple
Keith@ncbeonline.com
TCC Construction Coalition (all
agendas)
t)rotlamatfon
QCitp of l\.obnert tlark
Proclaiming October, 2012 as
DOMESTIC VIOLENCE AWARENESS MONTH
WHEREAS, the City of Rohneli Park recognizes that the crime of domestic violence violates an
individual's privacy, dignity, and security due to the systematic use of emotional, physical,
psychological, and economic control or abuse: and
WHEREAS, the YWCA of Sonoma County was founded in 1975 with a mission to empower,
educate, and suppOli domestic violence survivors and their children who are unsafe in their own
homes: and
WHEREAS, domestic violence is a serious crime that affects people of all races, sexes, ages,
sexual orientations, and income levels: and
WHEREAS, stopping the cycle of vicious criminal assault in the home requires a coordinated
effOli between the criminal justice system, the agencies that provide services to victims, as well as
the resolve and courage of survivors: and
WHEREAS, only a collaborative community effOli will put a stop to this heinous crime: and
WHEREAS, all members of our community would benefit from pmiicipating in the YWCA's
scheduled events and programs to eliminate the use of personal and institutional violence.
NOW, THEREFORE, BE IT PROCLAIMED that L Jake Mackenzie, as Mayor and on behalf
of the City Council of the City of Rohneli Park, do hereby proclaim the month of October, 2012
as Domestic Violence Awareness Month in the City of Rohneli Park.
DUL Y AND REGULARLY PROCLAIMED this 9th dav of October, 2012.
CITY OF ROHNERT PARK
JAKE MACKENZIE, MAYOR
effftt of tfJt :ftlllPot of tfJt €:ft!' of la.o~utrt !lark, €:lllffomfll
~ertffftate of l\etognftfon
$rm'~MJ'W'M Jbrw r,...l'fJ
NrkltOwle})giltg n1t}) (fJ!Jn1tkiltg
(8 P 0 N 8 0 R)
for
<9utstanbfng ~ommunft!' ~upport
~s :fflllapor, allb Oil IJcOa[f of tOc <fUp <fou llell of tOc <fUp of 3RoOucrt !larI"
3f tOalll, pou for pour major flllallelalspOllsorsOip of tOc 50tIJ ~IlIlHJcrsarp <fclclJrattoll.
3f also tlJalll, pou for pour illucstmcllt ill tOc 3RoOllcrt !larIi fOllltlltl11Up allb for pour
Wmill{JllCSS to fi1rrp tOc torrO illto our llcxt flItp pcars, h{JOttll{J our wap to alJcttcr tomorrow.
Signed this 9th d{lv of October. 2012
bp:
Jake Mackenzie, Mayor
effftt of tfJt :ftlllPot of tfJt €:ft!' of la.o~utrt !lark, €:lllffomfll
~ertffftate of l\etognftfon
$rm'~MJ'W'M Jbrw r,...l'fJ
NrkltOwle})giltg n1t}) (fJ!Jn1tkiltg
(I N D 1 V 1 D U A L)
for
<9utstanbfng ~ommunft!' ~trbftt
gs ;fflllnpor, nnb on lJeOn(f of tOe <fltp <foundI of tOe <fltp of 3l\oOnert !lnd"
,] tOnnI, pou for pour bebifiltiou nub Oours of wod, lJoluuteereb in IJriuUiuU tOe 50tIJ gunilJersnrp
<feIelJrntton to fruition.
,] nlso tOnnI, pou for pour (Ollllnltlllent to tOe 3l\oOnert !lnd, (Ollllllunltp nnb for pour wUhnuuess
to filiTp tOe tonO tOnt tUullliunteb tOe pntO to 41 relJltnh?eb <folllluunltp ~pirit.
Signed this 9th dav of October. 2012
bp:
Jake Mackenzie, Mayor
Item 7.A.l
MINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority (RPFA)
Successor Agency to the Community Development Commission
Tuesday, September 25,2012
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT
REGULAR MEETING - CALL TO ORDER/ROLL CALL
Mayor Mackenzie called the City Council/RPF A/Successor Agency joint regular meeting to
order at 5:00 pm, the notice for which being legally noticed on September 21, 2012.
Present: Jake Mackenzie, Mayor
Amy Ahanotu, Council Member
Gina BelfOlie, Council Member
Joseph T. Callinan, Council Member
Absent: Pam Stafford, Vice Mayor
Staff present: City Manager Gonzalez, City Attorney Kenyon, City Clerk Buergler,
Director of Development Services & City Engineer Jenkins, Acting Director of Public
Safety Taylor, Economic Development Manager Babonis, Director of Public Works and
Community Services McArthur, and Director of Finance Onne.
2. PLEDGE OF ALLEGIANCE
Led by Director of Development Services & City Engineer Jenkins.
3. PRESENTATION
A. 50th Anniversary Recap
The City Council and City Manager thanked the organizing committee. Jennifer
Wiltermood, Robin Miller, and Cathy Slack provided a recap and returned the $2,500
City contribution approved at the August 9, 2011 City Council Meeting. Mayor
Mackenzie would like a more formal acknowledgement for the organizing committee
and volunteers. The Mayor asked the committee for a rough proposal to hold a
founders day event next year.
City of Rohnert Park Joint Regular Meeting Minutes
for City Council/Rohnert Park Financing Authorityl..S'uccessor Agency
September 25, 2012
Page 2 of5
B. Proclamation proclaiming October 7-13, 2012 as Fire Prevention Week 2012
Mayor Mackenzie read and presented the proclamation. Acting Director of Public
Safety Taylor received the proclamation.
4. CLOSED SESSION
A. Recess to Closed Session at 5 :26 pm in Conference Room 2A to Consider:
1. Conference with Legal Counsel- Anticipated Litigation.
Significant exposure to litigation (Cal. Gov't Code section 54956.9(b)(l)): (One
case) .
B. Reconvene Joint Regular Meeting Open Session In Council Chamber
5:52 pm
C. Mayor's Report On Closed Session (Government Code S 54957.1)
No repOliable action.
5. PUBLIC COMMENTS
Rhonda Nole expressed concern over coyotes in her neighborhood.
Jeff Furlong, Agricultural Commissioner's Office, provided information about coyotes.
ACTION:
By consensus, City Council directed staff to work with the Agricultural
Commissioner's Office to explore animal control measures available.
6. CONSENT CALENDAR
A. Approval of Minutes for:
1. City Council/RPFA/Successor Agency Joint Regular Meeting September 11,
2012
B. Acceptance of Reports for:
1. City Bills/Demands for Payment dated September 25, 2012
2. RPFA - Cash Report for Month Ending August 2012
3. Housing Successor L\gency Cash Report for Month Ending August 2012 (Pulled
by BelfOlie)
1. Redcvclopment Successor L\gency Cash Report for Month Ending L\Ugust 2012
(Pulled by BelfOlie)
C. City Council Resolutions for Adoption:
1. 2012-107 Amending the Five-Year Capital Improvement Program Budget
(CIP) and FY 2012-2013 CIP Budget to Add Traffic Signals Battery
Backup Project (CIP No. TR-91)
2. 2012-108 Rejecting the Claim of Mary Beckman
3. 2012-109 Rejecting the Claim of Thomas Santos
4. 2012-110 Approving Right of Way Contract with the State of California
Department of Transportation (Caltrans) and Authorizing the
Execution of Grant and Easement Deeds to Caltrans
5. 2012-111 Adopting a Complete Streets Policy to Qualify For Federal Funding
City of Rohnert Park Joint Regular Meeting Minutes
for City Council/Rohnert Park Financing Authorityl..S'uccessor Agency
September 25, 2012
Page 3 of5
6. 2012-112 Authorizing and Approving Task Order 2012-01 with Brelje & Race
for Design, Constmction Management, and Inspection of Tank 2
Interior and Exterior Recoating Project No. 2012-11
ACTION:
Moved/seconded (Callinan/Belforte) to approve the Consent Calendar with the
exception ofItems 6.B.3 and 6.B.4. Motion carried 4-0-1 (Stafford absent).
6.B. Acceptance of Reports for:
3. Housing Successor Agency - Cash Report for Month Ending August 2012
4. Redevelopment Successor Agency - Cash Report for Month Ending August 2012
Council Member Belforte asked if the tax allocation bonds must remain at the current
interest rate or if they can be moved to a different note. Staffwill provide a informational
repOli.
ACTION:
Moved/seconded (Belforte/Callinan) to accept items 6.B.3 and 6.B4.
Motion carried 4-0-1 (Stafford absent).
7. JOINT EXERCISE OF POWERS AGREEMENT
Director of Development Services/City Engineer Jenkins presented the item.
Recommended Action(s): Adopt a resolution approving and adopting the Joint Exercise
of Powers Agreement between the City ofRohnert Park, County of Sonoma, and the
Federated Indians of Graton Rancheria for Implementation of Mitigation Measures and
Street Widening of Wilfred Avenue/Golf Course Drive West, making a finding that the
proposed activity is statutorily exempt from CEQA, and authorizing the City Manager to
execute the agreement in a substantially similar form as attached to the resolution subject
to final review and approval by the City Attorney.
ACTION:
Moved/seconded (Callinan/BelfOlie) Approving Resolution 2012-113 of
the City Council of the City of Rohneli Park authorizing and approving
the Joint Exercise of Powers Agreement with the County of Sonoma and
the Federated Indians of Graton Rancheria for implementation of
mitigation measures for widening Wilfred Avenue.
Motion carried 4-0-1. (Stafford absent)
8. PROFESSIONAL SERVICE AGREEMENT FOR PROJECT MANAGER FOR
WILFRED A VENUE/GOLF COURSE DRIVE WIDENING
Director of Development Services/City Engineer Jenkins presented the item.
Recommended Action(s): adopt a resolution approving a contract with Vali-Cooper and
Associates, Inc. for the project management of Wilfred Widening Project.
Public Comment:
Tom Roberts supports the project but has safety and access concerns during constmction.
Mayor Mackenzie asked the City Manager to make sure homeowners' concerns are taken
into consideration.
City of Rohnert Park Joint Regular Meeting Minutes
for City Council/Rohnert Park Financing Authorityl..S'uccessor Agency
September 25, 2012
Page 4 of5
ACTION:
Moved/seconded (Belforte/Callinan) Approving Resolution 2012-114 of
the City Council of the City of Rohnert Park Authorizing and Approving a
Professional Services Agreement with Vali-Cooper & Associates, Inc. for
Project Management of the Wilfred Avenue/Golf Course West Widening
Project No. 2010-05.
Motion carried 4-0-1. (Stafford absent)
9. INTERFUND LOAN TO THE MOBILE HOME PARK RENT APPEALS BOARD
Economic Development Manager Babonis presented the item. Recommended Action(s):
approve resolution authorizing a short-term interfund loan in an amount not-to-exceed
forty thousand dollars ($40,000) from the City of Rohnert Park to the Rohnert Park
Mobile Home Parks Rent Appeals Board.
ACTION:
Moved/seconded (Belforte/Callinan) Approving Resolution 2012-115 of
the City Council of the City of Rohnert Park Authorizing a short -term
Interfund Loan in an Amount Not-To-Exceed FOliy Thousand Dollars
($40,000) from the City of Rohnert Park to the Mobile Home Parks Rent
Appeals Board
Motion carried 4-0-1. (Stafford absent)
10. SANTA ROSA PLAIN GROUNDWATER MANAGEMENT PLAN UPDATE
Director of Development Services/City Engineer Jenkins presented the item.
Recommended Action(s): review the Draft Goals and Objectives for the Groundwater
Management Plan for the Santa Rosa Plain and provide direction to their representative,
Darrin Jenkins, regarding same.
Public comment: Tom Roberts
ACTION:
By consensus, City Council supports the proposed goals and objectives.
11. STANDING COMMITTEE / LIAISON REPORTS
A. Standing Committee Reports
1. Economic Development, 9/13 (GB/JC)
Council Member BelfOlie provided an update on the Highway 101 freeway sign
and the Way Finding Program. Other items discussed at the committee meeting
were a potential ice rink, the need for a formalized banner program, a lunch with
some existing businesses to keep them in communication with City Officials, and
setting up a meeting with the Sonoma Mountain Business Cluster (SMBC). City
Manager Gonzalez stated he will be in contact with 5MBC. Economic
Development Manager Babonis will be working on communication efforts with
local businesses.
City of Rohnert Park Joint Regular Meeting Minutes
for City Council/Rohnert Park Financing Authorityl..S'uccessor Agency
September 25, 2012
Page 5 of5
B. Liaison Reports
1. Chamber of Commerce BOD, 9/18 (PS)
Continued.
2. Sonoma County Waste Management Agency, 9/19 (McArthur)
Director of Public Works and Community Services McArthur reported the
Agency awarded Rincon Consultants a contract for the EIR process for the single
use plastic bag ordinance. Spud Point oil collection site was approved.
3. REMIF/CAJPA 2012 Fall Conference, 9/18-21 (JC)
City Manager Gonzalez and Council Member Callinan attended the conference
that addressed employment issues.
C. Other Reports
Mayor Mackenzie provided a SMART Board of Directors report: the Petaluma office
is open and the Santa Rosa office is closed, track continues to be installed, the
foundation of the Rohnert Park Station is installed, and Cotati construction is
underway.
Council Member BelfOlie expressed concern over bike and vehicle traffic issues
during the Waves to Wine Ride. Staff will follow up with the event planners for next
year's event.
Council Member Ahanotu attended the Cradle to Career event and provided staff with
an extra copy of Health Action: A 2020 Visionfor Sonoma County and some
additional information as appropriate City action is investigated. Mayor Mackenzie
also attended.
Mayor Mackenzie repOlied City Council won the bed race challenge against the
executive team.
12. COMMUNICA TIONS
13. MATTERS FROM/FOR COUNCIL
14. PUBLIC COMMENTS
15. ADJOURNMENT
Mayor Mackenzie adjourned the joint regular meeting at 7:04 pm
JoAnne Buergler, City Clerk
City of Rohnert Park
Jake Mackenzie, Mayor
City of Rohnert Park
Check Numbers: 208378-208648
Dated: Sept. 19,2012 - Oct. 3, 2012
CITY OF ROHNERT PARK
BILLS FOR ACCEPTANCE
October 9,2012
TOTAL
$2,745,712.59
User:
Printed:
ccolburn
10/3/2012 - 9:47 AM
Accounts Payable
Checks for Approval
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208378 09/1912012 General Fund Blue Cross W!H Payable ANTIIEM BLUE CROSS 29,073.55
208378 09/19/2012 General Fund Emplyee Benfits !Health Ins!Bl ANTIIEM BLUE CROSS 48,654.21
Check Total: 77,727.76
208379 09/19/2012 General Fund Court Order Payable CA FRANCHISE TAX BOARD 111.00
208379 09/19/2012 General Fund Court Order Payable CA FRANCHISE TAX BOARD 100.00
208379 09/19/2012 General Fund Court Order Payable CA FRANCHISE TAX BOARD 174.00
Check Total: 385.00
208380 09/19/2012 General Fund Kaiser W!H Payable HSA Bank 305.00
Check Total: 305.00
208381 09/19/2012 General Fund Prepaid Legal SelVices Legal Shield 41.85
Check Total: 41.85
208382 09/19/2012 General Fund Court Order Payable Cynthia Morre 700.00
Check Total: 700.00
208383 09/19/2012 General Fund Def Comp Payable-Gw NATIONAL DEFERRED COMPENSATION 2,638.84
208383 09/19/2012 General Fund Def Comp Payable-Gw NATIONAL DEFERRED COMPENSATION 1,400.00
Check Total: 4,038.84
208384 09/19/2012 General Fund Def Comp Payable-Gw NATIONAL DEFERRED COMPENSATION 2,276.01
Check Total: 2,276.01
208385 09/19/2012 General Fund Rpea Dues CITY OF ROHNERT PARK 75.00
Check Total: 75.00
208386 09/19/2012 General Fund Scope Dues Payable SEW Local1021 1,028.19
208386 09/19/2012 General Fund Scope Dues Payable SEW Local 1021 16.72
AP-Checks for Approval (10/3/2012 - 9:47 AM)
Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total: 1,044.91
208387 09119/2012 General Fund Court Order Payable United States Treasury 325.00
Check Total: 325,00
208388 09119/2012 General Fund United Way Payable UNITED WAY 80.00
Check Total: 80.00
208389 09/19/2012 General Fund Court Order Payable Amy Werle 1,268.00
Check Total: 1,268.00
208390 09119/2012 General Fund Data Processing ISpec. Departm Corneas! 89.53
Check Total: 89.53
208391 09/19/2012 General Fund Streets & Bike /Spec. Departm Home Depot Credit Services 140.58
208391 09/19/2012 General Fund Park Maint ISpec, Departm Home Depot Credit Services -10.83
Check Total: 129.75
208392 09/19/2012 General Fund Community Event.Contracts HernyNagle 225.00
Check Total: 225.00
208393 09/24/2012 General Fund PER S Payable CALPERS 181,453.47
208393 09/24/2012 General Fund Pers-Survivorship CALPERS 157.00
208393 09/24/2012 General Fund Pers Redeposit Payable CALPERS 769.46
Check Total: 182,379.93
208394 09/24/2012 General Fund Emplyee Benfits !Medical Insur HARTFORD LIFE INS 21,287.64
Check Total: 21,287,64
208395 09/24/2012 General Fund Employee Expense Advanc Stephanie O'Dell 531.25
Check Total: 531.25
208396 09/26/2012 General Fund Rec Ref Clearing Cristina Arango 400.00
Check Total: 400.00
208397 09/26/2012 General Fund Rec Ref Clearing Eduardo Diaz 400.00
Check Total: 400.00
208398 09/26/2012 General Fund Rec Ref Clearing Dalilia Guevara -12.50
208398 09/26/2012 General Fund Rec Ref Clearing Dalilia Guevara 400.00
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 2
Cheek Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total: 387.50
208399 09/26/2012 Utility Fund Sewer Entr. /Spec. Departm Alhambra & Sierra Springs 65.43
Check Total: 65.43
208400 09/26/2012 Utility Fund Sewer Ent/Collect SystemRepair INDUSTRIAL CHEM LABS &SVC 242.33
Check Total: 242.33
208401 09/26/2012 Utility Fund Sewer Entr. lHeatlLightIPo Pacific Gas & Electric 206.49
Check Total: 206.49
208402 09/26/2012 Utility Fund Sewer Entr. /Spec. Departm Redwood Lock & Key 308.46
Check Total: 308.46
208403 09/26/2012 Utility Fund Sewer Entr. !Laguna Plant/ City of Santa Rosa 709,244.75
Check Total: 709,244.75
208404 09/26/2012 Utility Fund Sewer Entr. /Clothing Allow Sunset Linen Service 23.42
Check Total: 23.42
208405 09/26/2012 Utility Fund Water Entr. /Spec. Departm Bre1je & Race Laboratories Inc 29.50
Check Total: 29.50
208406 09/26/2012 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 181.50
208406 09/26/2012 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 23.35
208406 09/26/2012 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 9,60
208406 09/26/2012 Utility Fund Water Entr. /Spec Dept Equ Grainger, Inc. 42.47
208406 09/26/2012 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 123.65
Check Total: 380.57
208407 09/26/2012 Utility Fund Water Entr. /Spec. Departm Kelly Moore Paints 3.73
Check Total: 3.73
208408 09/26/2012 Utility Fund WaterNehic1e Repairs Rohnert Park Car Wash 20.59
Check Total: 20.59
208409 09/26/2012 Utility Fund Water Entr. IBldglFacilty Santa Rosa Fire Equipment Service Inc. 500.00
Check Total: 500.00
208410 09f26/2012 Utility Fund Water Entr. /Contractual S So Co Water Agency 264,134.33
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 3
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total: 264,134.33
208411 09/26/2012 Utility Fund Water/Clothing Allowance Sunset Linen Service 42.09
Check Total: 42,09
208412 09/26/2012 Utility Fund Water EntlDistrib SystemRepair Syar Industries, Inc. 211.13
208412 09/26/2012 Utility Fund Water EntlDistrib SystemRepair Syar Industries, Inc. 219.68
Check Total: 430.81
208413 09/2612012 Utility Fund Water Entr. ISmail Tools Tarco Industries Inc 153.48
Check Total: 153.48
208414 09/26/2012 Utility Fund Water Entr. /Small Tools lIDS White Cap Construction Supply 239.83
Check Total: 239.83
208415 09/26/2012 General Fund Ps Main Station IBldgfFacilty ABM Janitorial North Calif-LA 1,767.00
208415 09/26/2012 General Fund Animal Shelter IBldglFacilty M ABM Janitorial North Calif-LA 561.00
Check Total: 2,328.00
208416 09/26/2012 General Fund Finance IContractual S Accountemps 748.80
208416 09/26/2012 General Fund Finance IContractual S Accountemps 1,718.40
Check Total: 2,467.20
208417 09126/2012 General Fund Police/ArmoIY Alameda County Sheriff's Office 300.00
Check Total: 300.00
208418 0912612012 General Fund Police /Contractual S American Medical Response, Inc 800.00
Check Total: 800.00
208419 09/26/2012 General Fund Publ Works Gen /Clothing Allo Aramark Uniform Services 46.37
Check Total: 46.37
208420 09/26/2012 General Fund R.P. Comm. Cntr !Telephone AT&T 14.96
208420 09126/2012 General Fund Ps Main Station fTelephone AT&T 26.02
208420 09/26/2012 General Fund Senecia Pool fTelephone AT&T 15.88
208420 09/26/2012 General Fund Pac fTelephone AT&T 43.96
208420 09/26/2012 General Fund Ps Main Station fTelephone AT&T 141.19
208420 09/26/2012 General Fund R.P. Comm. Cntr fTelephone AT&T 47.34
208420 09/26/2012 General Fund Publ Works Oen !Telephone AT&T 14.90
Check Total: 304.25
AP.Checks for Approval (10/312012 - 9:47 AM) Page 4
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208421 09/26/2012 General Fund Police Nehicle Repai Auto Repairs Unlimited 1,429.48
Check Total: 1,429.48
208422 09/26/2012 General Fund ABC reimbursements expenses Michael Bates 119.58
Check Total: 119.58
208423 09/26/2012 General Fund Data Processing /Spec. Departm BECK COMMUNICATIONS 495.00
Check Total: 495.00
208424 09/26/2012 General Fund Community Event/Spec. Dep Big 4 Party Rentals Inc 266.80
208424 09/26/2012 General Fund Community Event/Spec. Dep Big 4 Party Rentals Inc 266.80
208424 09/26/2012 General Fund Community Event/Spec. Dep Big 4 Party Rentals Inc 266.80
208424 09/26/2012 General Fund Community Event/Spec. Dep Big 4 Party Rentals lnc 266.80
Check Total: 1,067.20
208425 09/26/2012 General Fund Sports Center /Contractual S Pete Breeland 39.00
208425 09/26/2012 General Fund Sports Center /Contractual S Pete Breeland 20.00
Check Total: 59.00
208426 09/26/2012 General Fund City Hall IBldglFacilty Buchanan Food Service 69.91
Check Total: 69.91
208427 09/26/2012 General Fund Police /Contractual S CA Department of Justice 633.00
208427 09/26/2012 General Fund Recruitment CA Department of Justice 32.00
208427 09/26/2012 General Fund Animal ServiceslRecruitmentlHi CA Department of Justice 32.00
208427 09/26/2012 General Fund Recruitment CA Department of Justice 32.00
Check Total: 729.00
208428 09/26/2012 General Fund Emplyee Benfits /State Unemplo CAEDD Dept 10,663.00
Check Total: 10,663.00
208429 09/26/2012 General Fund Police /Dues & Subscr California Peace Officers Association 600.00
Check Total: 600.00
208430 09/26/2012 General Fund Police /Equipment Leas Canon Business Solutions Ine 203.39
208430 09/26/2012 General Fund City Hall lRentlLeaserra Canon Business Solutions Ine 618.11
208430 09/26/2012 General Fund City Hall lRentlLeaserra Canon Business Solutions Ine 58.76
208430 09/2612012 General Fund Police /Equipment Leas Canon Business Solutions Ine 257.48
208430 09/26f20 12 General Fund R.P. Comm. Cntr IBldglFacilty Canon Business Solutions Inc 159.22
Check Total: 1,296.96
AP-Cheeks for Approval (10/3/2012 - 9:47 AM) Page 5
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208431 09/26/2012 General Fund R.P. Comrn. Cntr /Contractual S Michele Carter 292.50
208431 09/26/2012 General Fund R.P. Corom. Cntr /Contractual S Michele Carter 46.80
208431 09/26/2012 General Fund R.P. Comm, Cntr /Spec. Departm Michele Carter 73.05
Check Total: 412.35
208432 09/26/2012 General Fund Data Processing /Spec. Departm COW Government 270.72
208432 09/26/2012 General Fund Data Processing /Spec. Departm CDW Government 227.68
Check Total: 498.40
208433 09/26/2012 General Fund Dawn Cerini 500,00
Check Total: 500.00
208434 09/26/2012 General Fund Burt/Ave Rec Cr /Spec. Oepartm City Electric Supply 423.87
Check Total: 423.87
208435 09/26/2012 General Fund R.P. Comrn. Cntr /Spec. Departm The Community Voice 672.00
Check Total: 672.00
208436 09/26/2012 General Fund City Manager /Contractual Se David Whiteside Consulting Services 1,300.00
Check Total: 1,300.00
208437 09/26/2012 General Fund Pac/Rental /Concession Pu Department of Alcoholic Beverage Control 600.00
Check Total: 600.00
208438 09/26/2012 General Fund H Pool IBldg/Facilty Eureka Oxygen Co. 466,90
208438 09/26/2012 General Fund Publ Works Gen /Spec. Departm Eureka Oxygen Co. 60.80
Check Total: 527.70
208439 09/26/2012 General Fund Center /Contractual S First Alarm Sercurities Services 84.00
208439 09/26/2012 General Fund Burt/Ave Rec Cr /Contractual S First Alarm Sercurities Services 75.00
208439 09/26/2012 General Fund Sports Center /Contractual S First Alarm Sercurities Services 90.00
208439 09/26/2012 General Fund R.P. Comm. Cntr /Contractual S First Alarm Sercurities Services 90.00
208439 09/26/2012 General Fund Pac /Contractual S First Alarm Sercurities Services 90.00
Check Total: 429.00
208440 09/26/2012 General Fund Fire ..uniforms Gilson Embroidery 146.48
Check Total: 146.48
208441 09/26/2012 General Fund Streets & Bike /Spec. Departm Grainger, Inc. 12.58
208441 09/26/2012 General Fund Park Maint /Small Tools Grainger, Inc. 15.66
208441 09/26/2012 General Fund Streets & Bike /Spec. Oepartm Grainger, Inc. 10.90
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 6
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208441 09/2612012 General Fund Park MaintlVehicle Repair Grainger, Inc. 30.76
208441 09/26/2012 General Fund Streets & Bike /Spec. Departm Grainger, Inc. 1.72
Check Total: 71.62
208442 09/26/2012 General Fund Data Processing /Contractual S Granieus Ine 700.00
Check Total: 700.00
208443 09/26/2012 General Fund Streets & Bike /Equipment Rent Hertz Equipment Rental Corporation 430.75
Check Total: 430.75
208444 09/26/2012 General Fund Sports Center /Contractual S The Hitmen Termite & Pest Control 60.00
Check Total: 60.00
208445 09/26/2012 General Fund Park Maint /Spec. Departm Horizon Distributors Inc. 24.22
208445 09/26/2012 General Fund Park Maint /Spec. Departm Horizon Distributors Inc. 34.37
208445 09/26/2012 General Fund Park Maint /Spec. Departm Horizon Distributors Inc. 108.10
208445 09/26/2012 General Fund Park Maint /Spec. Departm Horizon Distributors Inc. 275.19
208445 09/26/2012 General Fund Park Maint /Spec. Departm Horizon Distributors Inc. 10.29
Check Total: 452.17
208446 09/26/2012 General Fund City Hall IBldglFacilty InfoStor 30.00
Check Total: 30.00
208447 09/26/2012 General Fund lliNNIFER JOHNSON 1,200,00
Check Total: 1,200.00
208448 09/26/2012 General Fund Park MaintIVandalism Loss Kelly Moore Paints 24.89
Check Total: 24.89
208449 09/26/2012 General Fund Animal Control/Contractual S Koefran Industries 400.00
Check Total: 400,00
208450 09/26/2012 General Fund Park Maint /Spec. Departm Martin Ranch Supply 8.67
Check Total: 8.67
208451 09/26/2012 General Fund City Manager /Contractual Se Municipal Code Corporation 500,00
Check Total: 500.00
208452 09/26/2012 General Fund Pac/Pasco /Production MUSIC THEATRE INTERNATIONAL 1,000.00
Check Total: 1,000.00
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 7
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208453 09/26/2012 General Fund Fire /Uniforms National Document Solutions, LLC 725.04
Check Total: 725.04
208454 09/26/2012 General Fund Publ Works Gen Nehicle Repai Redwood Coast Petroleum -10.00
208454 09/26/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 1,042.25
208454 09/26/2012 General Fund Unleaded Fuel Inventory Redwood Coast Petroleum 625.52
208454 09/26/2012 General Fund Unleaded Fuel Inventory Redwood Coast Petroleum 1,228.26
208454 09/26/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 1,251.04
208454 09/26/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 1,432.96
208454 09/26/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 1,313.70
208454 09/26/2012 General Fund Fire /Gas & Oil Redwood Coast Petroleum 1,017.32
208454 09/26/2012 General Fund Fire /Gas & Oil Redwood Coast Petroleum 1,496.63
208454 09/26/2012 General Fund Unleaded Fuel Inventory Redwood Coast Petroleum 1,251.07
Check Total: 10,648.75
208455 09/26/2012 General Fund Publ Works Gen /Workers' Camp Redwood Empire Municipal Insurance Fund 584.08
208455 09/26/2012 General Fund EAP Expense Redwood Empire Municipal Insurance Fund 766.08
Check Total: 1,350.16
208456 09/26/2012 General Fund Pac!Pasco !Production SAMUEL FRENCH 900.00
Check Total: 900.00
208457 09/26/2012 General Fund Publ Works Gen ISmaIl Tools Santa Rosa Auto Parts 12.90
208457 09/26/2012 General Fund Park MainWehicle Repair Santa Rosa Auto Parts 38.84
208457 09/26/2012 General Fund Publ Works Gen Nehic1e Repai Santa Rosa Auto Parts 118.49
Check Total: 170.23
208458 09/26/2012 General Fund Publ Works Gen IBldgIFacilty Santa Rosa Fire Equipment Service Inc. 500.00
Check Total: 500.00
208459 09/26/2012 General Fund Sports Center /Contractual S Thomas Silewicz 148.20
Check Total: 148.20
208460 09/26/2012 General Fund ANDREW SMITH 65.00
Check Total: 65.00
208461 09/26/2012 General Fund Angela D. Smith 400.00
Cbeck Total: 400.00
208462 09/2612012 General Fund Deborah Smith 65.00
AP-Checks for Approval (10/3/2012 - 9:47 AM)
Page 8
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total: 65.00
208463 09/26/2012 General Fund Puhl Works Gen /Clothing Allo Sunset Linen Service 27.32
208463 09/26/2012 General Fund Streets /Clothing Allow Sunset Linen Service 26.42
208463 09/26/2012 General Fund Park Maint /Clothing Allo Sunset Linen Service 38.38
Check Total: 92.12
208464 09/26/2012 General Fund Pac/Pasco /Production TAMS WITMARK 30.00
Check Total: 30.00
208465 09/26/2012 General Fund Publ Works Gen /Small Tools Tarco Industries Inc 153.47
Check Total: 153,47
208466 09/26/2012 General Fund Animal Control/Spec. Departm Target Bank 18.93
Check Total: 18.93
208467 09/26/2012 General Fund R.P. Co=. Cntr /Contractual S Pat Tyler 78.00
Check Total: 78.00
208468 09/26/2012 General Fund Park Maint /Spec. Deparbn United Forest Products, Inc. 74.25
Check Total: 74.25
208469 09/26/2012 General Fund City Hall IBldglFacilty Universal Building Services 1,150.00
Check Total: 1,150.00
208470 09/26/2012 General Fund Park Maint /Spec. Deparbn Wheeler Zamaroni 520.29
208470 09/26/2012 General Fund Park Maint ISpec. Deparbn Wheeler Zamaroni 285.28
Check Total: 805.57
208471 09/26/2012 General Fund T &E - City Represesentation TOWN OF WINDSOR 30.00
208471 09/26/2012 General Fund City CouncilfTravel-Ahanotu TOWN OF WINDSOR 30.00
Check Total: 60.00
208472 09/27/2012 General Fund PIS B1dg-North lHeat/LighVPo . Pacific Gas & Electric 738.01
208472 09/27/2012 General Fund PIS Bldg-South IHeat/LighVPo Pacific Gas & Electric 296.20
208472 09/27/2012 General Fund Publ Works Gen lHeat/LightlPo Pacific Gas & Electric 87.65
208472 09/27/2012 General Fund Park Maint IHeat/Light/Po Pacific Gas & Electric 3,677.26
208472 09/27/2012 General Fund Center IHeatlLightIPo Pacific Gas & Electric 2,010.92
208472 09127/2012 General Fund Benecia Pool fHeat/LightlPo Pacific Gas & Electric 1,305.09
208472 09/27/2012 General Fund HPool fHeat/LightlPo Pacific Gas & Electric 1,578.82
208472 09/27/2012 General Fund RP. Gymnasium fHeatlLightIPo Pacific Gas & Electric 2,160.53
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 9
Check Number Cbeck Date Fund Name Account Name Vendor Name Void Amount
208472 09/27/2012 General Fund R..P. Comm. Cntr lHeatlLightIPo Pacific Gas & Electric 3,317.72
208472 09/27/2012 General Fund Burt! Ave Rec Cr lHeatlLightIPo Pacific Gas & Electric 727.34
208472 09/27/2012 General Fund Pac lHeatlLightIPo Pacific Gas & Electric 7,512.03
208472 09/27/2012 General Fund Sign/Heat Light & Power Pacific Gas & Electric 723.77
208472 09/27/2012 General Fund City Hall lHeatlLightIPo Pacific Gas & Electric 442.76
208472 09/27/2012 General Fund City Hall Annex lHeatILightiPo Pacific Gas & Electric 1,401.81
208472 09/27/2012 General Fund Animal Shelter lHeatlLightIPow Pacific Gas & Electric 1,772.61
208472 09/27/2012 General Fund Ps Main Station lHeatILightIPo Pacific Gas & Electric 10,249.98
208472 09/27/2012 General Fund Streets & Bike lHeatILightIPo Pacific Gas & Electric 14,885.39
208472 09/27/2012 General Fund Magnolia Pool lHeat/LightIPow Pacific Gas & Electric 806.77
Check Total: 53,694.66
208473 09/27/2012 Utility Fund Water Entr. lHeatlLightIPo Pacific Gas & Electric 20,151.51
Check Total: 20,151.51
208474 09/27/2012 Utility Fund Sewer Entr. lHeatlLightIPo Pacific Gas & Electric 5,592.03
Check Total: 5,592.03
208475 09/27/2012 General Fund Employee Expense Advanc MATTHEW HUGHES 3,880.00
Check Total: 3,880.00
208476 09/27/2012 General Fund Employee Expense Advanc CRAS LARSON 3,526.00
Check Total: 3,526.00
208477 09/27/2012 General Fund Eye CareNSPlPayables Vision Service Plan - (CA) 396.34
Check Total: 396.34
208478 09/27/2012 General Fund Emplyee Benfits /Eye Care Vision Service Plan - (CA) 354.62
Check Total: 354.62
208479 09/27/2012 General Fund Emplyee Benfits /Eye Care Vision Service Plan - (CA) 5.96
Check Total: 5.96
208480 09/28/2012 General Fund Other LiT Liabilities David Annstrong 72.41
Check Total: 72.41
208481 09/28/2012 General Fund Other LiT Liabilities Reliable Hardware & Steel Co. 563.22
Check Total: 563.22
208482 09/28/2012 General Fund Other LiT Liabilities Sign A Rama 6,916.93
AP-Checks for Approval (10/3/2012 - 9:47AM) Page 10
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total: 6,916.93
208483 10101/2012 Utility Fund Accounts Payable Tanna Allen 48.92
208483 10/0112012 Utility Fund Accounts Payable TannaAllen 51.08
Check Total: 100.00
208484 10/01/2012 Utility Fund Accounts Payable Altisource Solutions Inc 38.60
208484 10/0112012 Utility Fund Accounts Payable Altisource Solutions Inc 29,00
208484 10/01/2012 Utility Fund Accounts Payable Altisource Solutions Inc 34.47
Check Total; 102.Q7
208485 10/01/2012 Utility Fund Accounts Payable Emily Bridgewater 20.36
208485 10/0112012 Utility Fuud Accounts Payable Emily Bridgewater 11.15
208485 10/01/2012 Utility Fund Accounts Payable Emily Bridgewater 27.23
Check Total: 58.74
208486 10/01/2012 Utility Fund Accounts Payable William Brown 40.09
208486 10/01/2012 Utility Fund Accounts Payable William Brown 33.47
208486 10/01/2012 Utility Fund Accounts Payable William Brown 21.84
Check Total: 95.40
208487 10/01/2012 Utility Fund Accounts Payable Jane Clay 102.06
208487 10/0112012 Utility Fund Accounts Payable Jane Clay 28.49
208487 10/01/2012 Utility Fund Accounts Payable Jane Clay 17.00
Check Total: 147.55
208488 10/0112012 Utility Fund Accounts Payable Carol Green 141.86
208488 10/01/2012 Utility Fund Accounts Payable Carol Green 47.23
208488 10/01/2012 Utility Fund Accounts Payable Carol Green 13.04
Check Total: 202.13
208489 10/01/2012 Utility Fund Accounts Payable Tracey Harriott 0.72
208489 10/0112012 Utility Fund Accounts Payable Tracey Harriott 4.65
208489 10/0112012 Utility Fund Accounts Payable Tracey Harriott 3.13
Check Total; 8.50
208490 10/01/2012 Utility Fund Accounts Payable Hitoshi Inoue 4.97
208490 10/0112012 Utility Fund Accounts Payable Hitoshi Inoue 1.85
208490 10/01/2012 Utility Fund Accounts Payable Hitoshi Inoue 2.35
Check Total: 9.17
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 11
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208491 10/0112012 Utility Fund Accounts Payable Kristina Johnson 207.24
208491 10/0112012 Utility Fund Accounts Payable Kristina Johnson 97.26
208491 10/0112012 Utility Fund Accounts Payable Kristina Johnson 135.11
Check Total: 439.61
208492 10/0112012 Utility Fund Accounts Payable Kyuho Lee 7.61
208492 10/0112012 Utility Fund Accounts Payable Kyuho Lee 7.32
208492 10/0112012 Utility Fund Accounts Payable Kyuho Lee 3.79
Check Total: 18.72
208493 10/0112012 Utility Fund Accounts Payable Robert Mickelson 19.22
208493 10/0112012 Utility Fund Accounts Payable Robert Mickelson 30.77
208493 10/0112012 Utility Fund Accounts Payable Robert Mickelson 16.85
208493 10/0112012 Utility Fund Accounts Payable Robert Mickelson 19.16
Check Total: 86.00
208494 10/0112012 Utility Fund Accounts Payable Samuel Miller 52.26
208494 10/0112012 Utility Fund Accounts Payable Samuel Miller 30.57
208494 10/0112012 Utility Fund Accounts Payable Samuel Miller 32.85
Check Total: 115.68
208495 10/0112012 Utility Fund Accounts Payable John Pablor 2,186.03
208495 10/0112012 Utility Fund Accounts Payable John Pablor 187.18
Check Total: 2,373.21
208496 10/0112012 Utility Fund Accounts Payable Lynda Poldino.Smith 47.47
208496 10/0112012 Utility Fund Accounts Payable Lynda Poldino.Smith 22.80
208496 10/01/2012 Utility Fund Accounts Payable Lynda Poldino-Smith 9.53
Check Total: 79.80
208497 10/0112012 Utility Fund Accounts Payable Schellinger Construction 28.84
208497 10/0112012 Utility Fund Accounts Payable Schellinger Construction 24.49
208497 10/0112012 Utility Fund Accounts Payable Schellinger Construction 13.25
Check Total: 66.58
208498 10/0112012 Utility Fund Accounts Payable Philip Templin 40.59
208498 10/0112012 Utility Fund Accounts Payable Philip Templin 49.36
208498 10/0112012 Utility Fund Accounts Payable Philip Templin 10.05
Check Total: 100.00
208499 10/0112012 Utility Fund Accounts Payable Laney Thai 51.71
208499 10/0112012 Utility Fund Accounts Payable Laney Thai 73.07
AP.Checks for Approval (10/3/2012 - 9:47 AM) Page 12
Check Number Cheek Date Fund Name Account Name Vendor Name Void Amount
208499 10/01/2012 Utility Fund Accounts Payable Laney Thai 13.04
Check Total: 137.82
208500 10/01/2012 Utility Fund Accounts Payable Maureen Thomson 2.79
208500 10/01/2012 Utility Fund Accounts Payable Maureen Thomson 1.65
208500 10/01/2012 Utility Fund Accounts Payable Maureen Thomson 1.31
Check Total: 5.75
208501 10/02/2012 General Fund Aflac Payable AFLAC 1,073.20
Check Total: 1,073.20
208502 10/02/2012 General Fund Court Order Payable CAFRANCmSE TAX BOARD 66.00
Check Total: 66.00
208503 I Of02f2o 12 General Fund Court Order Payable CA FRANCHISE TAX BOARD 100.00
Check Total: 100.00
208504 IOf02/2012 General Fund Court Order Payable CA FRANCmSE TAX BOARD 224.00
Check Total: 224.00
208505 1O/02f2o 12 General Fund PER S Payable CALPERS 18,118.98
208505 10/0212012 General Fund Pers-Survivorship CALPERS 20.00
Check Total: 18,138.98
208506 10/0212012 General Fund PER S Payable CALPERS 18,109.11
208506 10/0212012 General Fund Pers-Survivorship CALPERS 20.00
Check Total: 18,129.11
208507 10/02/2012 General Fund Kaiser WIH Payable HSA Bank 305.00
Check Total: 305.00
208508 1010212012 General Fund Supp Life WiH Payable LINCOLN NATIONAL LIFE INS CO 901.90
Check Total: 901.90
208509 10/0212012 General Fund Def Comp Payable-Gw NATIONAL DEFERRED COMPENSATION 4,038.84
Check Total: 4,038.84
208510 10/0212012 General Fund Def Comp Payable-Gw NATIONAL DEFERRED COMPENSATION 2,090.36
Check Total: 2,090.36
208511 10/02/2012 General Fund Pac/Pasco /Production RlCHARD RlCCARDI 3,000.00
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 13
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total: 3,000.00
208512 10/02/2012 General Fund Rpea Dues CITY OF ROHNERT PARK 405.00
Check Total: 405.00
208513 10/02/2012 General Fund Scope Dues Payable SEIU Local 1021 1,044.91
Check Total: 1,044.91
208514 10/02/2012 General Fund Court Order Payable United States Treasury 325.00
Check Total: 325.00
208515 10/02/2012 General Fund United Way Payable UNITED WAY 80.00
Check Total: 80.00
208516 10/0212012 General Fund Court Order Payable Amy Werle 1,268.00
Check Total: 1,268.00
208517 10/03/2012 General Fund Police /Spec, Departm Tiffani Mugurussa 304.00
Check Total: 304,00
208518 10/03/2012 Utility Fund Refuse Col Entr /Contractual S County of Sonoma 461.23
Check Total: 461.23
208519 10/03/2012 General Fund Developer Refundable Deposits The Community Voice 280.00
208519 10/03/2012 General Fund Developer Refundable Deposits The Community Voice 252.00
Check Total: 532,00
208520 10/03/2012 General Fund Rec Ref Clearing Jessica Flores 400.00
Check Total: 400.00
208521 10/03/2012 General Fund Rec Ref Clearing Krista Hoagland 50.00
Check Total: 50.00
208522 10/03/2012 General Fund Ref Deposit-Liab. Insur HUB International 2,060.00
208522 10/03/2012 General Fund Refundable Deposits HUB International -366.08
208522 10/03/2012 General Fund R.P. Comm. Cntr IRp Commnnity HUB International -366.08
208522 10/03/2012 General Fund Cash HUB International 366.08
Check Total: 1,693.92
208523 10/03/2012 General Fund Ree Ref Clearing Alejandro Morales 400.00
AP-Cheeks for Approval (10/3/2012 - 9:47 AM) Page 14
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total: 400.00
208524 10/03/2012 General Fund Rec Ref Clearing Monica Rodriguez 400.00
Check Total: 400.00
208525 10/03/2012 Utility Fund Water Entr. rrelephone AT&T 29.76
Check Total: 29.76
208526 10/03/2012 Utility Fund Water/Cell Phone AT&T MOBILITY 454.90
Check Total: 454.90
208527 10/0312012 Utility Fund Water Entr. /Spec Dept Equ Bre1je & Race Laboratories Inc 29.50
Check Total: 29.50
208528 10/0312012 Utility Fund Water Conservation Measures Russell Bunch 75.00
Check Total: 75.00
208529 10/03/2012 Utility Fund Water Entr. /Professional Caltest Analytical Laboratory 1,122.50
Check Total: 1,122.50
208530 10/03/2012 Utility Fund Water Entr. /Professional CONTROL SYSTEMS WEST, INC 1,934.38
Check Total: 1,934.38
208531 10/03/2012 Utility Fund Water Entr. /Contractual S County of Sonoma 297.09
Check Total: 297.09
208532 10/03/2012 Utility Fund Water Conservation Measures VIrginia Cuevas 37.50
Check Total: 37.50
208533 10/0312012 Utility Fund Water Entr. / Safety Program DKF Solution Group, LLC 500.00
Check Total: 500.00
208534 10/03/2012 Utility Fund Water Entr. /BldgIFacilty Friedman's 1,013.82
208534 10/03/2012 Utility Fund Water Entr. 1B1dgIFacilty Friedman's 592.53
Check Total: 1,606.35
208535 10/03/2012 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. -96.46
208535 10/03/2012 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 363.00
208535 10/03/2012 Utility Fund Water Entr. . /Spec. Departm Grainger, Inc. 225,51
208535 10/03/2012 Utility Fund Water Bntr. /Spec. Departm Grainger, Inc. 43.50
208535 10/0312012 Utility Fund Water Entr. /Spec. Departtn Grainger, Inc. 12,77
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page IS
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208535 10/03/2012 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 38.72
208535 10/0312012 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 12.77
208535 10/03/2012 Utility Fund Water Entr. /Spec. Departm Grainger, Inc. 48.76
208535 10/03/2012 Utility Fund Water/Cell Phone Grainger, Inc. 3.74
Check Total: 652.31
208536 10/03/2012 Utility Fund Water/Clothing Allowance Innovative Screen Printing 149.04
Check Total: 149.04
208537 10/0312012 Utility Fund Water Entr. /Professional Local Government Services 2,321. 80
Check Tota!: 2,321.80
208538 10/03/2012 Utility Fund Water Entr. /Spec Dept Equ MC CRDMETER 1,361.13
Check Total: 1,361.13
208539 10/03/2012 Utility Fund Water Entr. /Office Supplie Office Depot 160.24
Check Total: 160.24
208540 10/0312012 Utility Fund Water Entr. lHeat/Light/Po Pacific Gas & Electric 13.53
Check Total: 13.53
208541 10/0312012 Utility Fund WaterNehicle Repairs Powerplan 265.73
208541 10/03/2012 Utility Fund WaterNehicle Repairs Powerplan 287.80
Check Total: 553.53
208542 10/03/2012 Utility Fund Water EntIDistrib SystemRepair Shamrock Materials 741.96
208542 10/03/2012 Utility Fund Water EntIDistrib SystemRepair Shamrock Materials 303.58
Check Total: 1,045.54
208543 10/0312012 Utility Fund Water EntIDistrib SystemRepair Syar Industries, Inc. 696.85
Check Total: 696.85
208544 10/03/2012 Utility Fund Sewer Entr. fTelephone AT&T 29,63
208544 10/03/2012 Utility Fund Sewer Entr. fTelephone AT&T 15.88
208544 10/0312012 Utility Fund Sewer Entr. fTelephone AT&T 94.26
208544 10/03/2012 Utility Fund Sewer Entr. fTelephone AT&T 185.78
Check Total: 325.55
208545 10/03/2012 Utility Fund Sewer/Cell Phone AT&T MOBILITY 131. 68
Check Total: 131. 68
AP-Checks for Approval (10/3/2012. 9:47 AM) Page 16
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208546 10/03/2012 Utility Fund Sewer Entr. Nehicle Repair BK Upholstery 392.15
Check Tota]: 392.15
208547 10/03/20] 2 Utility Fund Water COnselVatiOn Measures Russell Bunch 75.00
Check Total: 75.00
208548 10/03/20 ]2 Utility Fund Sewer Entr. /Contractual S County of Sonoma 380.64
Check Total: 380.64
208549 10/03/2012 Utility Fund Water ConselVation Measures VIrginia Cuevas 37.50
Check Tota]: 37.50
208550 10/03/2012 Utility Fund Sewer Entr / Safety Program DKF Solution Group, LLC 500.00
Check Total: 500.00
208551 10/03/2012 Utility Fund Sewer Entr. /Small Too]s Grainger, Inc. 166.44
208551 10/03/2012 Utility Fund Sewer Entr. /Spec. Departm Grainger, Inc. 139.57
208551 10/03/2012 Utility Fund Sewer Entr. /Small Too]s Grainger, Inc. 166.44
Check Total: 472.45
208552 10/03/2012 Utility Fund Sewer Entr. /Spec Dept Equ PETRO TECH 119.86
Check Total: 119.86
208553 10/03/2012 Utility Fund Sewer/Cell Phone Verizon Wireless 76.02
208553 10/03/2012 Utility Fund Sewer/Cell Phone Verizon Wireless 73.57
Check Tota]: 149.59
208554 10/03/2012 Utility Fund Sewer Entr. Nehicle Repair West Cal Tractor 135.29
Check Total: 135.29
208555 10/02/2012 General Fund FIT Payable United States Treasury 68.18
208555 10/02/2012 General Fund Medicare WIH Payable United States Treasury 512.86
Check Total: 581.04
208556 10103/2012 General Fund Publ Works Gen /BldglFacilty ABM Janitorial North Calif-LA 263.00
Check Total: 263.00
208557 10/03/2012 General Fund Pac/Pasco /Production GENEABRAVAYA 1,929.40
Check Total: 1,929.40
208558 10/03/2012 Genera] Fund Animal Control/Spec. Departm ANIMAL CARE EQUIPMENT & 33.63
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 17
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total: 33.63
208559 10/03/2012 General Fund Animal Control ISpec. Departm ANIMAL HEALTH & SANITARY 57.08
Check Total: 57.08
208560 10/03/2012 General Fund Publ Works Gen IClothing AlIo Aramark Uniform Services 5.20
Check Total: 5.20
208561 10/03/2012 General Fund Police /Professional Carina Arriola 170.00
Check Total: 170.00
208562 10/03/2012 General Fund Ps Main Station /Telephone AT&T 111.37
208562 10/03/2012 General Fund RP. Gymnasium /Telephone AT&T 23.20
Check Total: 134.57
208563 10/03/2012 General Fund Library IContractual S AT&T 30.47
208563 10/03/2012 General Fund PIS Bldg-North /Telephone AT&T 48.40
208563 10/03/2012 General Fund Publ Works Gen /Telephone AT&T 15.88
208563 10/03/2012 General Fund Data Processing ITe1ephone AT&T 185.78
208563 10/03/2012 General Fund Ps Main Station ITelephone AT&T 66.47
208563 10/03/2012 General Fund Data Processing ITe1ephone AT&T 779.44
208563 10/03/2012 General Fund City Hall /Telephone AT&T 1,282.70
208563 10/03/2012 General Fund Ps Main Station /Telephone AT&T 290.52
208563 10/03/2012 General Fund Data Processing /Telephone AT&T 45.11
208563 10/03/2012 General Fund Pub1 Works Gen /Telephone AT&T 30.25
208563 10/03/2012 General Fund Ps Main Station /Telephone AT&T 548.01
208563 10/0312012 General Fund R.P. Conun. Cntr /Telephone AT&T 30.47
208563 10/03/2012 General Fund City Hall /Telephone AT&T 59.73
208563 10/03/2012 General Fund Publ Works Gen /Telephone AT&T 59.73
208563 10/03/2012 General Fund Ps Main Station /Telephone AT&T 61.82
208563 10/03/2012 General Fund Animal Shelter ITelephone AT&T 30.47
208563 10/03/2012 General Fund HPool ITe1ephone AT&T 72.03
208563 10/03/2012 General Fund Benecia Pool /Telephone AT&T 15.04
208563 10/03/2012 General Fund Magnolia Pool /Telephone AT&T 14.63
208563 10/03/2012 General Fund PIS Bldg-North /Telephone AT&T 29.85
208563 10/03/2012 General Fund PIS Bldg-South ITelephone AT&T 49.94
208563 10/03/2012 General Fund City Hall /Telephone AT&T 88.96
208563 10/03/2012 General Fund City Hall /Telephone AT&T 133.90
Check Total: 3,969.60
208564 10/03/2012 General Fund Data Processing/Cellular Phone AT&T Internet Services 975.00
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 18
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Che1:k Total: 975.00
208565 10/03/2012 General Fund City Manager ICellular Phone AT&T MOBILITY 268.93
208565 10/03/2012 General Fund Econ Develp /Cellular Phone AT&T MOBILITY 58.35
208565 10/03/2012 General Fund Finance /Cellular Phone AT&T MOBILITY 256.41
208565 10/0312012 General Fund Data Processing/Cellular Phone AT&T MOBILITY 352.07
208565 10/03/2012 General Fund Planning /Cellular Phone KI &T MOBILI1Y 357.39
208565 10/03/2012 General Fund Police 1 Cell Phone AT&T MOBILITY 1,052.04
208565 10/03/2012 General Fund Fire / Cell Phone AT&T MOBILITY 278.66
208565 10/03/2012 General Fund R.P. Comm. Cntr/Cellular Phone AT&T MOBILITY 183.96
208565 10/0312012 General Fund Pac/Admin /Cellular Phone AT&T MOBILITY 32.34
208565 10/03/2012 General Fund Pub] Works Gen /Cellular Phone AT&T MOBILITY 188.19
208565 10/03/2012 General Fund Streets & Bikes/Cellular Phon AT&T MOBILITY 146.93
208565 10/03/2012 General Fund Park Maint /Cellular Phone AT&T MOBILITY 234.78
208565 10/03/2012 General Fund Sports Center /Cellu]ar Phone AT&T MOBILITY 17.47
Check Total: 3,427.52
208566 10/0312012 General Fund Streets & Bike /Contractual S Bayside Stripe and Sea] Inc 1,840.00
Check Total: 1,840.00
208567 10/03/2012 General Fund R.P. Comm. Cntr /Contractual S Harvey Bell 383.50
Che1:k Total: 383.50
208568 10/03/2012 General Fund Pac!Pasco !Production Dalton Bertolone 100.00
Check Total: 100.00
208569 10/03/2012 General Fund R.P. COmIn. Cntr /Contractual S Sberry B]anchard 1,088.]0
Check Total: 1,088.10
208570 10/03/2012 Utility Construction Fund Alta Ave&Almond SwrlWtr Rebab BRELJE & RACE CONSULTING 47,805.42
208570 10/03/2012 Utility Construction Fund Casino Wastewater BRELJE & RACE CONSULTING 5,990.00
208570 10/03/2012 Utility Construction Fund Tanks 1,3 & 4 Exterior Recoat BRELJE & RACE CONSULTING 20,630.00
Check Total: 74,425.42
208571 10/03/2012 General Fund Animal Shelter 1B1dglFacilty M Buchanan Food Service 318.68
Check Total: 318.68
208572 10/03/2012 General Fund Animal ControllMedications Butler Schein Animal Health Supply 277.33
208572 10/03/2012 General Fund Animal ControllMedications Butler Schein Animal Health Supply 129.09
208572 10/03/2012 Genera] Fund Animal.ControllMedications Butler Schein Animal Health Supply 434.38
208572 10/03/2012 General Fund Police/Armory Butler Schein Animal Health Supply -79.77
208572 10/03/2012 General FtUld Animal ControllMedications Butler Schein Animal Health Supply 79.77
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 19
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total: 840.80
208573 10/03/2012 General Fund Police /Training & Ed CA NARCOTICS OFFICERS 180.00
Check Total: 180.00
208574 10/03/2012 General Fund Data Processing /Spec. Departm CDW Government 336.92
208574 10/03/2012 General Fund Data Processing /Spec. Departm CDW Government 408.28
208574 10/03/2012 General Fund Data Processing /Spec. Departm CDW Government 864.52
Check Total: 1,609.72
208575 10/0312012 Capital Projects Fund Northeast Dist. Specific Plan Clearwater Hydrology 5,857.50
Check Total: 5,857.50
208576 10/03/2012 Utility Construction Fund Sewer Interceptor Phase II COASTLAND CIVIL 3,008.29
208576 10/03/2012 Utility Construction Fund Alta Ave&Almond SwriWtr Rehab COASTLAND CIVIL 181.25
208576 10/0312012 Utility Construction Fund Adrian SwriWtr Rehab COASTLAND CIVIL 36,523.21
Check Total: 39,712.75
208577 10/03/2012 Capital Projects Fund Northwest Specific Plan 2012 The Community Voice 952.00
208577 10/03/2012 General Fund Planning / AdvertisingfP The Community Voice 672.00
Check Total: 1,624.00
208578 10/03/2012 General Fund City Manager/Spec. Depart County of Sonoma 1,1l4.83
208578 10/03/2012 General Fund Pac/City Events /Contractual S County of Sonoma 726.39
Check Total: 1,841.22
208579 10/0312012 General Fund Streets & Bike /Contractual S Department of Transportation 1,840.55
Check Total: 1,840.55
208580 10/03/2012 General Fund Pac/City Events /Contractual S Donna Desmond Associates 4,950.00
Check Total: 4,950.00
208581 10/03/2012 General Fund Police /Spec. Departm Fast Trak Violation Processing Dept. 30.00
Check Total: 30.00
208582 10/03/2012 General Fund Pac/Pasco /Production FedEx 119.23
Check Total: 119.23
208583 10/03/2012 General Fund City Hall IBldglFaci1ty First Alann Sercurities Services 1,272.00
Check Total: 1,272.00
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 20
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208584 10/03/2012 General Fund Animal Control/Spec. Departm Frizelle-Enos Company 239.79
Check Total: 239.79
208585 10/03/2012 Utility Construction Fund Sewer Interceptor Phase n GHD 96,00
Check Total: 96.00
208586 10/03/2012 Capital Projects Fund Copeland Creek Bike Path Recon Ghilotti Brothers Contractors 75,361.13
Check Total: 75,361.13
208587 10/03/2012 Capital Projects Fund Arlen & E Cotati Overlay GHILOTTI CONSTRUCTION CO 501,601.47
Check Total: 501,601.47
208588 10/03/2012 Capital Projects Fund University Disl. Specific Plan Gossett Civil Engineering 2,928.00
208588 10/03/2012 Capital Projects Fund University Dist. Specific Plan Gossett Civil Engineering 3,180.00
Cheek Total: 6,108.00
208589 10/03/2012 General Fund Animal Control/Spec. Departm Grainger, Inc. 23.05
208589 10/03/2012 General Fund R.P. Gymnasium IBldglFacilty Grainger, Inc. 200.92
208589 10/03/2012 General Fund Center IBldglFacilty Grainger, Inc. 49.30
208589 10/03/2012 General Fund Pac !Facility Repa Grainger, Ine, 114.08
208589 10/03/2012 General Fund Park Maint /Spec. Departm Grainger, Inc. 67.26
208589 10/03/2012 General Fund Streets & Bike /Spec. Departm Grainger, Inc. 196.48
208589 10/03/2012 General Fund Burt/Ave Rec Cr IBldgIFacilty Grainger, Inc. 24.32
Check Total: 675.41
208590 10/03/2012 Capital Projects Fund Arlen & E Cotati Overlay Green Valley Consulting Engineers 18,235.00
208590 10/03/2012 Capital Projects Fund Copeland Creek Bike Path Recon Green Valley Consulting Engineers 19,777.50
208590 10/03/2012 Capital Projects Fund Copeland Creek Bike Path Recon Green Valley Consulting Engineers 9,622.50
Check Total: 47,635.00
208591 to/03/2012 General Fund Pac!Pasco /Production Alex Grouw 100.00
Check Total: 100.00
208592 10/03/2012 General Fund Police Nehicle Repai Hansel Ford 1,872.30
208592 to/03/2012 General Fund Police Nehicle Repai Hansel Ford 117,61
Check Total; 1,989.91
208593 10/03/2012 General Fund Police/Recruitment/Hiring Gen Michael T. Hardin Investigations 275.60
208593 10/03/2012 General Fund PolicelRecruitmentlHiring Gen Michael T. Hardin Investigations 265.70
Check Total; 541.30
AP-Checks for Approval (10/312012 - 9:47 AM) Page 21
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208594 10/03/2012 Capital Projects Fund 2013 Various St Prevent Maint HARRIS & ASSOCIATES 3,380.00
Check Total: 3,380.00
208595 10/03/2012 General Fund Animal Control/Shelter Food Hill's Pet Nutrition Sales, Inc 45.57
208595 10/03/2012 General Fund Animal Control/Shelter Food Hill's Pet Nutrition Sales, [nc 165.23
208595 10/03/2012 General Fund Animal Control/Shelter Food Hill's Pet Nutrition Sales, [nc 166.31
208595 10/03/2012 General Fund Animal Control/Shelter Food Hill's Pet Nutrition Sales, Inc 49.76
208595 10/03/2012 General Fund Animal Control/Shelter Food Hill's Pet Nutrition Sales, [nc 196.28
208595 10/03/2012 General Fund Animal Control/Shelter Food Hill's Pet Nutrition Sales, [nc 37.98
Check Total: 661.13
208596 10/03/2012 General Fund Center /Contractual S The Hitmen Termite & Pest Control 60.00
208596 10/03/2012 General Fund Ps Main Station IBldgIFacilty The Hitmen Termite & Pest Control 60.00
208596 10/03/2012 General Fund Burt/Ave Rec Cr /Contractual S The Hitmen Termite & Pest Control 60.00
Check Total: 180.00
208597 10/03/2012 General Fund Park Maint /Spec, Departm Horizon Distributors Inc. 22.29
208597 10/03/2012 General Fund Streets & Bike /Spec. Departm Horizon Distributors Inc. 108.00
Check Total: 130.29
208598 10/03/2012 General Fund R.P. Comm. Cntr /Contractual S Bettyjane Hotaling 5,803.20
Check Total: 5,803.20
208599 10/03/2012 General Fund Planning n'raining & Edu Doug Hughes 35.00
Check Total: 35.00
208600 10/03/2012 General Fund Rent Appeals Bd /Professional Law Offices of Walter & Pistole 5,360.80
Check Total: 5,360.80
208601 10103/2012 General Fund Police /Spec. Departm LDC Collections Systems 100.00
Check Total: 100,00
208602 10/03/2012 General Fund City Manager n'ravels & Mee Elizabeth Lidster 42.18
Check Total: 42.18
208603 10/03/2012 General Fund Publ Works Gen /Contractual S Local Government Services 312.55
208603 10/03/2012 Capital Projects Fund DPS RoofRep1 & Ext Impr Local Government Services 7,233.30
208603 10/03/2012 Utility Construction Fund Water Meter Installation Local Government Services 2,455.75
Check Total: 10,001.60
208604 10/0312012 General Fund Park Maint /Spec. Departm Martin Ranch Supply 6.50
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 22
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
Check Total: 6.50
208605 10/03/2012 General Fund Publ Works Gen /Small Tools Mateo Tools 75.66
Check Total: 75.66
208606 10/03/2012 General Fund Sports Center IContractual S Julie McIntyre 160.00
Check Total: 160.00
208607 10/03/2012 General Fund Pac!Pasco !Production Sidney McNulty 100.00
Check Total: 100.00
208608 10/03/2012 General Fund Pac/City Events IContractual S Mike Frey Advertizing 138.75
Check Total: 138.75
208609 10/03/2012 General Fund Pac!Pasco !Production MUSIC THEATRE INTERNATIONAL 4.15
Check Total: 4.15
208610 10/03/2012 General Fund Pac/Box Office Fees/Misc NARROW WAY STAGE CO 475.45
208610 10/03/2012 General Fund PaclRental !Rentals NARROW WAY STAGE CO -3,600.00
208610 10/03/2012 General Fund PaclRental /Admissions NARROW WAY STAGE CO 4,754.50
Check Total: 679.05
208611 10/03/2012 General Fund Planning /Spec. Departm National Document Solutions, LLC 26.20
208611 10/03/2012 General Fund City Manager /Books!Pamphle National Document Solutions, LLC 26.20
Check Total: 52.40
208612 10/03/2012 General Fund Police Irraining & Ed J cffer}' Nicks 72.00
Check Total: 72.00
208613 10/03/2012 General Fund Pac !Marketing North Bay Bohemian 28.22
Check Total: 28.22
208614 10/03/2012 General Fund Animal Control/Office Supplie Office Depot 150.63
208614 10/03/2012 General Fund Police IOffice Supplie Office Depot 485.93
208614 10/03/2012 General Fund Police IOffice Supplie Office Depot 54.14
208614 10/03/2012 General Fund Codding Center /Office Supplie Office Depot 225.37
208614 10/03/2012 General Fund Codding Center 10ffice Supplie Office Depot 10.74
208614 10/03/2012 General Fund R.P. COmIn. Ctr/ Office Supplie Office Depot 266.80
Check Total: 1,193.61
208615 10/03/2012 General Fund Streets & Bike lHeatILightIPo Pacific Gas & Electric 140.80
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 23
Check Number Check Date Fund Name Account Name Vendor Name Void Amonnt
Check Total: 140.80
208616 10/03/2012 General Fund Streets & Bike lHeatlLightIPo Pacific Gas & Electric 53.78
Check Total: 53.78
208617 10/03/2012 General Fund Streets & Bike lHeatlLightIPo Pacific Gas & Electric 29.68
Check Total: 29.68
208618 10/03/2012 General Fund Successor Agency Pacific Gas & Electric 29.70
Check Total: 29.70
208619 10/03/2012 General Fund Streets & Bike lHeatILightIPo Pacific Gas & Electric 14.04
Check Total: 14.04
208620 10/0312012 General Fund Park Maint lHeatlLightIPo Pacific Gas & Electric 70.84
Check Total: 70.84
208621 10/03/2012 General Fund Successor Agency Pacific Gas & Electric 213.74
Check Total: 213.74
208622 10/03/2012 General Fund Sports Center /Contractual S Shelby Rasmussen 200.00
Check Total: 200.00
208623 10/03/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 989.63
208623 10/03/2012 General Fund Unleaded Fuel Inventory Redwood Coast Petroleum 1,393.53
208623 10/03/2012 General Fund Diesel Fuel Inventory Redwood Coast Petroleum 1,126.51
208623 10/03/2012 General Fund Police /Gas & Oil Redwood Coast Petroleum 1,459.57
Check Total: 4,969.24
208624 10/03/2012 General Fund Non-Department /Workman'S Com Redwood Empire Municipal Insurance Fund 13,343.78
Check Total: 13,343.78
208625 10/03/2012 General Fund Fire /Spec. Departm Redwood Lock & Key 6.51
208625 10/03/2012 General Fund Police Nehicle Repai Redwood Lock & Key 9.22
Check Total: 15.73
208626 10/0312012 General Fund Admin Services /Contractua1 S Regional Government Services 7,875.00
Check Total: 7,875.00
208627 10/03/2012 General Fund Police Nehicle Repai Reliable Auto Glass 825.00
AP-Checks for Approval (10/3/2012 - 9;47 AM) Page 24
Check Numher Check Date Fund Name Account Name Vendor Name Void Amount
Check Total: 825.00
208628 10/03/2012 General Fund City Council- T &M-Stafford Robnert Park Chamber of Commerce 25.00
208628 10/03/2012 General Fund Police (Travels & Mee Robnert Park Chamber of Commerce 100.00
208628 10/03/2012 General Fund Bcon Develp ffravels & Mee Robnert Park Chamber of Commerce 25.00
Check Total: 150.00
208629 10/03/2012 General Fund Police Nehicle Repai Santa Rosa Auto Parts 494,94
208629 10/03/2012 General Fund Fire Nehicle Repai Santa Rosa Auto Parts 66.95
208629 10/03/2012 General Fund Police Nehicle Repai Santa Rosa Auto Parts 216.77
208629 10/03/2012 General Fund Police Nehicle Repai Santa Rosa Auto Parts 58.51
208629 10/03/2012 General Fund Publ Works Gen Nehicle Repai Santa Rosa Auto Parts 18.51
Check Total: 855.68
208630 10/03/2012 General Fund Library /Contractual S Santa Rosa Fire Equipment Service Inc. 360.00
Check Total: 360.00
208631 10/03/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Apparel 135.52
208631 10/03/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Apparel 70.47
208631 10/0312012 General Fund Police /Uniforms Santa Rosa Uniform & Career Apparel 101.88
208631 10/03/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Apparel 375.08
208631 10/03/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Apparel 207.02
208631 10/0312012 General Fund Police /Uniforms Santa Rosa Uniform & Career Apparel 13 0.09
208631 10/03/2012 General Fund Police /Uniforms Santa Rosa Uniform & Career Apparel 70.47
Check Total: 1,090,53
208632 10/03/2012 General Fund Fire !Training & Ed Anthony Savas 54.00
Check Total: 54.00
208633 10/03/2012 General Fund Mark Sharp 249,06
Check Total: 249.06
208634 10/03/2012 General Fund R.P. Comm. Cutr /Contractual S Gay Shelton-Ostadi 1,267.50
Check Total: 1,267.50
208635 10/03/2012 General Fund Park Maint /Spec. Departm Soiland Co., Inc. 572.40
Check Total: 572.40
208636 10/03/2012 General Fund Animal Control/Contractual S Sonic.net, Inc. 9,95
Check Total: 9.95
AP-Checks for Approval (10/3/2012 - 9:47 AM) Page 25
Check Number Check Date Fund Name Account Name Vendor Name Void Amount
208637 10/03/2012 Genera] Fund Pac/Pasco /Production Richard Squeri 500.00
Check Tota]: 500.00
208638 10/03/2012 General Fund Anima] Control/Spec Dept Equip Stafford Medical 275.00
Check Tota]: 275.00
208639 10/03/2012 General Fund Finance /Spec. Departm Carol Strouse 62.45
Check Total: 62.45
208640 10/03/2012 Genera] Fund Police /Spec. Departm SUN BADGE CO 97.88
Check Total: 97.88
208641 10/03/2012 General Fund Fire fTraining & Ed Dave Sutter 54.00
Check Tota]: 54.00
208642 10/03/2012 Utility Construction Fund Alta Ave&Almond SwrfWtr Rehab Team Ghilotti, Inc 407,990.59
Check Total; 407,990.59
208643 10/03/2012 General Fund R.P. Comm. Cntr /Contractual S Becky Thomas 452.40
Check Total; 452.40
208644 10/03/2012 General Fund Planning /Spec. Departm Trope Group 228.82
Check Tota]: 228.82
208645 10/03/2012 Genera] Fund Anima] ControllMedications VCAAnimal Care Center of Sonoma County 35.00
Check Tota]: 35.00
208646 ]0/03/20 ]2 Genera] Fund Data Processing/Cellular Phone Verizon Wireless 114.Q3
208646 10/03/2012 Genera] Fund Police / Cell Phone Verizon Wireless 76.04
Check Tota]: 190.D7
208647 10/03/2012 General Fund Sports Center /ContractuaI S Mary-Rita Williamson 60.00
Check Tota]: 60.00
208648 10/03/2012 General Fund City CouncillTravel-Belforte TOWN OF WINDSOR 30.00
Check Tota]: 30.00
AP-Checks for Approval (I 0/3/20 12 - 9:47 AM)
Page 26
Check Number Check Date
Fund Name
Account Name
Vendor Name
Void
Amount
Report Total:
2,745,712.59
AP-Checks for Approval (10/3/2012 - 9:47 AM)
Page 27
SUCCESSOR AGENCY OF THE CITY OF ROHNERT PARK
BILLS FOR ACCEPTANCE
October 9,2012
Check Numbers: 5925-5926
Dated: Sept. 27, 2012 - Sept. 27, 2012
$
2,243.36
TOTAL
$
2,243.36
User:
Printed:
ccolburn
10/312012 - 9:49 AM
Accounts Payable
Checks for Approval
Check Number Check Date
Fund Name
Account Name
Vendor Name
Void
Amount
5925
09/27/2012
Professional Services
Burke, Williams & Sorensen, LLP
2,193.36
Check Total:
2,193.36
50.00
5926
09/27/2012
Contractual Services
Union Bank, N.A.
Check Total:
50.00
Report Total:
2,243.36
AP-Checks for Approval (10/3/2012 - 9:49 AM)
Page 1
City of Rohnert Park
Preliminary Cash Report
As of August 31, 2012
To: The Honorable Mayor & Members of the City Council
City Manager Gabriel Gonzalez
Summary of General Fund Cash
Total General Fund Cash
Restricted (External)
Committed (City Council Action)
Assigned (City Manager Authority)
Subtotal (not available to spend)
Unrestricted
Restricted Detail:
Refundable Deposits
Vehicle Abatement
Traffic Safety Fund
Spay/Neuter Cash
Technology Fee
Friendly City Sign
Crime Prevention Donations
Animal Shelter Donations
Assessment Redemption
Cotati-RP/SSU Alcohol Coalition
Cash-K-9 Donations
Reserve For Community Facility
D.A.R.E. Donations
Y&FS Donations
Senior Center Special Donations
Sonoma County Explorer Advisory
Alcohol Education Fee Fund
Reserve For Housing Program
Federal JAG PS Grant
General Plan Maint Fee
PAC Gifts/Donations
PEG Franchise Fees
Explorer Cash
Assianed Detail:
General Fund Endowment Reserve
Reserve For Retiree Employee-Medical
Misc Reserve/From CDA Loan
From: Cathy Orme CD
Finance Director
Date: October 3, 2012
$
(2,258,797.53)
(3,553,612.94 )
$
734,190.73
209,343.55
571,812.79
107,315.72
49,457.79
6,000.00
8,102.06
23,007.14
360.00
44,947.03
. 1,042.20
30,094.56
1,036.06
18,009.38
70,461.19
3,539.93
41,052.86
65,346.00
19,781.00
134,834.86
1,626.87
113,964.00
3,471.81
2,258,797.53
358,620.94
2,578,992.00
616,000.00
$ 3,553,612.94
Page 1 of 2
7,690,625.73
(5,812,410.47)
1,878,215.26
City of Rohnert Park
Preliminary Cash Report (Continued)
As of August 31,2012
Enterprise Fund Cash
Water Utility Operations Fund
Water Utility-Rate Stabilization
Water Utility-Meter Replacement
Water Utility-Capital Projects
Per Acre For Development Fee Fund
Sewer Utility Operations Fund
Sewer Rate Stabilization Reserve
Sewer CIP Reserve
Sewer CapacityCharge Fund
Garbage Utility Operations Fund
Garbage Utility Fund-Rate Stabilization
Garbage Utility Fund-Diversion/Education Set-aside
Utility Fund-Refundable Deposits
Total Enterprise Fund Cash
Special Revenue Fund Cash
Gas Tax Fund: Sec. 2107 Maint./Const.
Sec. 2107.5 Engineering
Sec. 2106 Maint.Const.
Sec. 2105 Maint./Const.
SB 140
R& T7360 Prop 42 Swap
Measure M Streets Fund
Traffic Signals Fund
Prop 1 B Fund
Copeland Creek Drainage Fund
Capital Outlay Fund
Public Facilities Finance Fee Fund
Traffic Congestion Relief Fund
Rent Appeals Board Fund
SLESF Fund
Prop M Fire Assessment
Total Special Revenue Funds
Capital Project Funds
Trust & Agency Funds
Special Enforcement Unit-South
Performing Arts Center Endowment Fund
Cash with Fiscal Agent (2002C CSCDA Wastewater
Revenue Bonds)
Cash with Fiscal Agent (2005A CSCDA
WaterlWastewater Revenue Bonds)
Total Trust & Agency Funds
Total Cash All City Funds
Page 2 of2
$ 3,783,826.42
800,000.00
400,000.00
386,285.08 5,370,111.50
96,062.44
5,686,833.98
544,345.00
544,345.00 6,775,523.98
1,390,036.37
285,465.88
380,096.10
492,842.32 1 ,158,404.30
217,900.90
$ 15,008,039.49
$ 68,885.89
6,021.00
65,859.14
258,578.27
3,620.45
703,814.65
1,106,779.40
426,447.83
1,758,612.44
31.50
218,505.90
63,890.25
$
$
44,972.68
9,789.13
11,565.32
3,640,594.45
352,159.30
146,201.87
1,265,851.00
$
1,083,057.74
$2,495,110.61
29,186,529.58
ITEM NO. 7.C.1
Mission Statement
"We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow. "
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: October 9,2012
Department: Development Services
Submitted By: Rick Pedroncelli, Senior Engineering Technician
Prepared By: Rick Pedroncelli, Senior Engineering Technician
Agenda Title: Adoption Resolution Approving the Amended and Restated Grant of
Storm Drain Easement Agreement with NBC Partners, LLC
RECOMMENDED ACTION: Adopt Resolution No. 2012-116 Approving the Amended and
Restated Grant of Storm Drain Easement Agreement with NBC Partners, LLC for Relocation of
a Public Storm Drain Easement
BACKGROUND: The City has an existing Public Storm Drain Easement over the private
property located at 6335 Commerce Blvd, also known as the North Bay Center. The existing
easement was dedicated to the City in 1977. North Bay Center is constmcting a new building as
a new Chipotle Restaurant. The building was proposed over the existing storm drain easement
and associated pipe. The City Council approved the new building by adopting City Council
Resolution NO. 2010-131, on November 23, 2012, which incorporated Planning Commission
conditions of approval adopted by Planning Commission Resolution NO. 2010-28. The said
conditions of approval require the property owner to relocate the existing storm drain pipe
including the easement. The property owner in conjunction with the City staff has drafted the
subject AMENDED AND RESTATED GRANT OF STORM DRAIN EASEMENT
AGREEMENT.
ANALYSIS: It is desirable that the City enter into the agreement so that the storm drainage
easement is relocated to reflect the relocated storm drain pipes. The pipe is in the process of
being re-routed to the location described in the agreement, is nearly complete and will be
inspected and accepted separately and under the building permit process.
FISCAL IMPACTIFUNDING SOURCE: This action does not require any City funding as the
project is a private project. City staff time and costs are being recovered through the Building
Permit process.
ITEM NO. 7.C.1
ENVIRONMENTAL ANALYSIS: Because the action the Council is considering is limited to
real property rights, it is not considered a "project" for CEQA purposes and is exempt pursuant
to CEQA Guidelines section 15061 (b )(3) because it can be seen with certainty that the action
will not have a significant effect on the environment. The underlying action, the onsite
relocation of the pipeline, was evaluated as a part of the development approvals.
Department Head Approval Date:
City Manager Approval Date: 10-1-2012
City Attorney Approval Date: 10-1-2012
Attachments (list in packet assembly ordel):
1. Resolution
2. Agreement - exhibit to resolution
2
RESOLUTION NO. 2012-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AMENDED AND RESTATED GRANT OF
STORM DRAIN EASEMENT AGREEMENT WITH NBC PARTNERS, LLC
FOR RELOCATION OF A PUBLIC STORM DRAIN EASEMENT
(APN's 143-051-010 & 143-051-073)
WHEREAS, the City ofRohnert Park has an existing Public Storm Drain Easement
encumbering the propeliy located at 6335 Commerce Blvd, also known as Assessor's Parcel
Numbers 143-051-010 and 143-051-073 ("Property");
WHEREAS, the owner of the Property, NBC Partners, LLC, proposed a new building
over the location of the existing storm drain easement and pipe;
WHEREAS, the City approved the proposed new building under City Council Resolution
No. 2010-131 adopted November 23, 2010 which incorporated Planning Commission conditions
of approval adopted on October 14, 2010 by Planning Commission Resolution No. 2010-28;
WHEREAS, Planning Commission Resolution No. 2010-28 condition of approval
number 6 requires the relocation of the existing Storm Drain Easement;
WHEREAS, the propeliy owner in cooperation with the City has prepared an amended
and restated grant of storm drain easement agreement;
WHEREAS, the property owner and the City are willing to enter the agreement upon the
terms and conditions specified therein;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofRohnert
Park that it does hereby authorize and approve the amended and restated grant of storm drain
easement agreement by and between NBC Partners, LLC, a California limited liability company,
and the City ofRohnert Park, a municipal corporation, for relocation of the existing storm drain
easement ("Agreement").
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this agreement for and on behalf of the City ofRohnert Park,
including execution, if necessary, in substantially similar form to the Agreement attached hereto as
Exhibit A and incorporated herein by this reference, subject to minor modifications by the City
Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 9th day of October, 2012.
CITY OF ROHNERT PARK
ATTEST:
Mayor
AHANOTU:
City Clerk
BELFORTE:
AYES: (
Attachment: Exhibit A
CALLINAN: STAFFORD:
NOES: ( ) ABSENT: ( ) ABSTAIN:
(2) 2012-116
MACKENZIE:
)
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attn: City Clerk
(ABOVE LINE FOR RECORDER'S USE ONLY)
Exempt from Recording Fee
Per Gov't Code section 27383
AMENDED AND RESTATED GRANT OF STORM DRAIN EASEMENT AGREEMENT
This Amended and Restated Grant of Storm Drain Easement Agreement (the
"Agreement") is made and entered into as of ~te..-. ~ 14, 2012 ("Effective Date"),
between NBC Partners, LLC, a California limite liabIlIty company (the "Grantor") and the
City of Rohnert Park, a municipal corporation ("Grantee"). Grantor and Grantee may be
referred to collectively herein as the "Parties."
RECITALS
A. Grantor is the fee owner ofthat certain real property located in the City of
Rohnert Park, County of Sonoma, State of California, commonly known as North Bay Center
and described in Exhibit A attached hereto ("Grantor's Property").
B. On March 24, 1977, Grantor's predecessor in interest, Cofego Enterprises, a
Limited Partnership, granted to Grantee an easement for drainage purposes recorded on April 29,
1977 as Document Number S09879 in Book 3225 Page 854 of the Sonoma County Records
("Original Easement") in and upon that portion of Grantor's Property described therein
("Original Easement Area").
C. The Parties desire to amend and restate the Original Easement to partially relocate
the Original Easement Area to the location legally described in attached Exhibit B ("Easement
Area") and graphically shown on attached Exhibit C.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby
acknowledged, the Parties agree as follows:
1. Termination of Original Easement. From and after the Effective Date, the
Original Easement shall be of no further force or effect.
C:\Docurnents and Settings\mandelman-r\Local Settings\TernporaJ)' Internet Files\OLK2F\Amended and Restated Stonn Drain Easernent.doc
1
2. Grant of Easements. Grantor hereby grants and dedicates to Grantee a non~
exclusive perpetual easement in, under and upon the Easement Area, together with the perpetual
right of ingress to and egress from said Easement Area over portions of Grantor's Property
designed for ingress and egress, for storm drainage purposes, including the rights to excavate,
install, replace, repair and maintain storm drain lines and facilities located within the Easement
Area.
3. Improvements; Landscaping. Grantor shall keep the Easement Area open and
free from any new buildings or permanent structures of any kind. Grantor may pave over and/or
landscape the Easement Area, provided that Grantor shall not install any landscaping, including
any trees whose mature growth exceeds five feet (5') in height, which could potentially interfere
with Grantee's exercise of the easement rights provided for herein.
4. Maintenance. When undertaking any maintenance or repair work, Grantee shall
utilize diligent good faith efforts to ensure that the work is undertaken expeditiously and in a
manner to reasonably minimize any adverse impact upon business activities that are being
conducted on Grantor's Property and shall restore the surface of the Easement Area and any
other portion of Grantor's Property disturbed by Grantee to substantially the same condition as
before such access, including, but not limited to, the restoration of all improvements, hardscape
and landscaping and the repair of all damage caused by such access and/or work performed by or
for Grantee.
5. Miscellaneous Provisions.
a. Attorneys' Fees. Should any dispute arise over the interpretation of this
Agreement or should any action be brought to enforce the terms of this Agreement, the
prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and
costs.
b. Entire Agreement. This Agreement contains the entire understanding and
agreement of the Parties relating to the rights herein granted and the obligations herein set forth.
Any prior, contemporaneous, or subsequent written or oral representations and modifications
concerning this Agreement shall be of no force or effect. This Agreement may be amended only
by a written instrument signed by both Grantor and Grantee.
c. Binding on Successors. This Agreement shall be binding upon and inure
to the benefit of Grantor and Grantee and their respective heirs, executors, administrators,
successors and assigns.
d. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall, for all purposes, be deemed an original and all such
counterparts, taken together, shall constitute one and the same instrument.
e. Recitals; Exhibits. The Recitals above and Exhibits attached hereto are
incorporated herein by reference.
f. Covenants Running with the Land. Grantor's Property is to be burdened
by, and Grantee is to be benefited by, the provisions of this Agreement, and such property is to
C:\Documents and Settings\mandelman-r\Local SettingS\Tempor2 Internet Files\OLK2F\Amended and Restated Stonn Drain Easement.doc
be benefited and burdened, as applicable by the covenants in this Agreement and is to be held,
conveyed, hypothecated, encrunbered, leased, rented, used, occupied, and improved subject to
the foregoing limitations, restrictions, easements, covenants, obligations and conditions. All
provisions ofthis Agreement shall run with the land and be binding upon and inure to' the benefit
of Grantor's Property and all parties having or acquiring any right, title, or interest in Grantor's
Property and shall be binding upon and inure to the benefit of Grantee and its successors and
assigns.
IN WIlNESS WHEREOF, the parties have caused this Agreement to be duly executed as
of the day and year first above written.
GRANTOR:
GRANTEE:
NBC P ARlNERS, LLC, a California limited
liability company
CITY OF ROHNERT PARK, a municipal
corporation
By: Argonaut Investments, LLC, a Delaware
limited liability company
By:
Its:
~y~
Name:. Stephen B. Jaeger C-
Its: Manager
(signature must be notarized)
Gabriel Gonzalez, City Manager
(signature must be notarized)
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
C:\Documents and Settings\mandelman-r\Local Settings\Temporary Internet Files\OLK2F\Amended and Restated Storm Drain Easement.doc
3
ACKNOWLEDGMENTS
State of California
)
) ss
)
County of !Y/1I111A1
On k/11/JL" before me, ~J'E,JII T l..4t(/htlAl , Notary
Public, personally appeared 'I/6p If. JI1C Il , who proved to
me on the basis of satisfactory evidence to be the person hose nameWis/jlre"'Subscribed to
the within instrument and acknowledged to me that he/she/tRey executed the same in
his/her!thetr authorized capacity(q and that by his/h~:r/1h:eir signature(~ on the instrument the
person(.sf, or the entity upon behalf of which the personksJ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Cali fomi a that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature rlJ ~,,--,'
(Seal)
r.'~~" " H ;;e~ ;. LA.iJJil:
I' . Commlltlon N. O. 1totO. .', rr
e; , NOTARY PUll.ICoCAIJFOIINIA
. . _ ~~ 0
, ." Comln. ... Mf 'It, ",t
State of California
County of
)
) ss
)
On before me, , 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
hislher/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.
Signature
(Seal)
C:\Documents and Settings\mandelman-r\Local Settings\Temporary Internet Files\OLK2F\Amended and Restated Storm Drain Easement.doc
EXHIBIT "A"
DESCRIPTION OF GRANTOR'S PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
ROHNERT PARK, COUNTY OF SONOMA, SATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
Tract One:
Parcel One, as shown upon the map entitled Rohnert Park, Parcel Map No. 37, filed in the
office of the County Recorder of Sonoma County on May 31, 1977, in Book 251 of
Maps, at Page(s) 37 and 38, Sonoma County Records.
APN: 143-051-010
Tract Two:
Lot One, a shown upon the map entitled Rohnert Park, Parcel Map No. 150, filed in the.
office of the County Recorder of Sonoma County on December 6, 1993, in Book 516 of
Maps, at Page(s) 37, 38 and 39, Sonoma County Records.
APN: 143-051-073
1
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT AREA
All that real property situate in the City of Rohnert Park, County of Sonoma, State of California,
more particularly described as follows:
Being a strip of land, 20 feet in width, for drainage purposes, the centerline of said strip of land
being more particularly described as follows:
COMMENCING from Point "A" as described in the Easement Deed recorded in Book 3225 of
Official Records at Page 854, Sonoma County Records dedicated on Rohnert Park Parcel Map
No. 37, filed for record in Book 251 of Maps, Pages 37 and 38, Sonoma County Records, and in
the Deed recorded as Document Number 1977-009879, Sonoma County Records; thence North
13045' 16" East 242.59 feet; thence North 00036'52" West 176.00 feet to the POINT OF
BEGINNING; thence North 00036'52" West 10.00 feet; thence North 43034'39" East 44.89 feet;
thence North 01016'04" West 61.01 feet; thence North 20008'30" West 27.45 feet; thence North
56047'00" East 9.74 feet to the POINT OF TERMINUS.
Prepared By:
7-12-12
Job No. 8599
N'\GEMLEGAL.DES\8599\Exhibit B.doe
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CERTIFICATE OF ACCEPTANCE
(pursuant to Government Code 27281)
This is to certifY that the interest in real property conveyed by the Amended and
Restated Grant of Storm Drain Easement Agreement from NBC Partners, LLC, a
California limited liability company, to the City of Rohnert Park ("City") dated
,2012; is hereby accepted on ,2012, by the
undersigned officer or agent on behalf of the City pursuant to authority conferred by City
Council Resolution No. adopted on ,2012, and the City
Council consents to the recordation of said document in the Office of the Recorder of
Sonoma County, State of California.
Dated:
,2012 By:
Name:
Its:
(Notary acknowledgement required)
C:\Documents and Settings\mandelman-r\Local Settings\Temporary Internet Files\OLK2F\Amended and Restated Storm Drain
Easement.doc
ACKNOWLEDGMENT
State of California
County of
)
) ss
)
On before me,
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.
Signature
(Seal)
C:\Documents and Settings\mandelman-r\Local Settings\Temporary Internet Files\OLK2F\Amended and Restated Storm Drain
Easement.doc
Item 7.C.2
RESOLUTION NO. 2012-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REJECTING THE CLAIM OF
Carol D. Doney
BE IT RESOLVED by the City Council of the City of Rohnert Park that that Claim for alleged
damages dated September 27,2012 and received October 2,2012 is hereby rejected.
DUL Y AND REGULARLY ADOPTED this 9th dav of October, 2012.
CITY OF ROHNERT PARK
Jake Mackenzie, Mayor
ATTEST:
City Clerk
Claim No. 2012-15
AHANOTU:
BELFORTE:
AYES: (
CALLINAN: STAFFORD: MACKENZIE:
NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
ITEM NO. 8
Mission Statement
"We Carefor Our Residents by Working Together to Build a
Better Communityfor Today and Tomorrow. ..
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: October 9,2012
Department: Public Works and Community Services
Submitted By: John McArthur, Director of Public Works & Community Services
Prepared By: Guy Miller, Community Services Manager
Agenda Title: Ordinance for Introduction Amending Section 5.04.060 of the Rohneli Park
Municipal Code "Exemptions" of Title 5, "Business License - General
Provisions"
RECOMMENDED ACTION:
Staff recommends that the City Council approve Ordinance Amending Section 5.04.060 of
the Rohnert Park Municipal Code: "Exemptions" of Title 5, "Business Licenses-General
Provisions" to exempt certain vendors from business licensing requirements.
BACKGROUND:
The City's current business licensing requirements mandate that all persons doing business in
Rohnert Park pay a license tax, unless a specific exemption applies. The Rohnert Park
Municipal Code is vague with respect to its treatment of vendors and participants of City-
sponsored recreation events.
Staff is of the opinion that the intent of the business license tax requirement was to impose the
tax on established or ongoing business activity and not to include periodic vendors that
participate only in City-sponsored recreation events. Accordingly, staff s approach to this
requirement has been not to charge a business license fee on such vendors. This practice is
prevalent throughout the region, and in most cases, vendors participating in recreation events are
specifically exempted from business license taxes.
However, the strict interpretation of the City's municipal code does not specifically make this
distinction. Under this interpretation, the City's municipal code would require vendors to pay
both a business license tax as well as a patiicipation fee. Vendors who participate in the various
Community Services events must pay this participation fee (Recreation Fees) for each event.
This participation fee ranges anywhere from $15 to $100 per event.
Staff has determined that given the limited duration and times per year such vendors are
transacting business within the City, that the impacts of the business are adequately covered by
the participation fee. The recommended business license ordinance amendment would exempt
such vendors participating only in City-sponsored events from paying the business license tax.
ITEM NO. 8
This proposal was introduced at the August 28, 2012 City Council Meeting for preliminary
review. At the request of the Council, the proposed ordinance was further amended to extend
this exemption to events held by non-profit organizations as well as City-sponsored events.
Upon review of this proposal, the City Attorneys office determined that because vendors at non-
profit events do not pay a participation fee, they are not similarly situated to the vendors at city-
sponsored events and, for equal protection reasons, should not be exempted.
An additional request of the Council was to amend the exemption to clarify that to qualify for the
exemption, the vendors must be vendors of produce, pre-packaged food, and alis and craft items
(i.e. dry goods). This limitation prohibits owners of mobile food tmcks from benefitting from
this exemption, which is not in the spirit of the exemption because mobile food tmcks are
established businesses or have ongoing business activity within the City. Mobile food trucks are
distinguishable from the other periodic vendors who sell dry goods in that they engage in food
preparation onsite, which requires health and safety inspection and involves fuel, heat, food prep
(cutting and cooking), emissions, odors, trash, and other risks not caused by the vendors selling
produce, pre-packaged foods and arts and crafts.
ANALYSIS:
Section 5.04.060 (E), would be amended to add the italicized language as follows:
E. The following businesses and persons shall be exempt from taxation under this chapter
and Chapters 5.08 and 5.12
1. Banks, as defined under Article 13, Section 16 of the California Constitution;
2. Insurers as defined under Article 13, Section 14-4/5 of the California
Constitution;
3. Businesses involved in the manufacture, impOliation and sale of alcoholic
beverages;
4. Cafe musicians as that term is defined in Section 16000.5 of the California
Business and Professions Code;
5. Veterans, as defined in Sections 16001 and 16001.5 of the California Bu siness
and Professions Code;
6. Businesses carried on exclusively for the benefit of philanthropic, social
service, benevolent or patriotic purposes.
7: Vendors whose business is conducted exclusively in connection with special
events (?flered by: (1) the Community Services Department C?lthe City or (2) other
City-sposnored special events. For the purposes (?fthis section the term
"vendor" shall refer only to those vendors selling produce, pre-packagedfood, or
arts and craft items.
It is a common practice for many cities to waive business license fees for vendors participating in
city-sponsored and other special events. Staff has researched this approach by other cities and
along with our experience with City of Rohnert Park sponsored programs, have concluded the
following:
2
ITEM NO. 8
1. Additional Charge - The business license fee would be in addition to established
recreation fees. The patiicipants of community programs and events cover their costs by
paying the recreation fee.
2. Equity vs Fee for Service - The business license fee recovers impacts for established
businesses or ongoing business activity. Most vendors/participants of City sponsored
events are only ShOli duration or are only a one-time activity. For example, the vendor
fees for the Farmers Market are (per the Recreation Fee Schedule) either a flat fee for
prepared food vendors or a percentage of the gross daily sales for growers. Thus, the City
is already receiving revenue from the participating vendors based on their use and impact.
Because the vendors participate only intermittently in the local market, they are charged
only when they are present; they do not cause the City to incur the same costs as do
traditional businesses who are subject to paying business license taxes for ongoing
operation over a period of one year.
3. Program Sustainability - Many of the vendors only attend one or two events per year;
requiring both a participation fee plus a $50 business license fee creates a potential barrier
to vendor paliicipation because there is only a ShOli period of time to amortize their costs.
Some vendors have stated that paying both fees would result in a net loss and therefore
could no longer participate in the event/program. This discourages many vendors from
participating which in turn reduces the cost recovery potential for the City. Applying both
fees would have a regressive effect and could threaten the continuation of community
events/programs.
4. Community Benefit - It has shown to be in the community's best interest to continue to
run community events and programs. They have been very well attended and well
received. Vendor participation is critical to the ongoing production of these events.
Having an appropriate fee stmcture is essential to encourage vendor participation and to
sustain community events that benefit the entire community.
OTHER OPTIONS CONSIDERED:
Other options include:
1) Establishing a new tier of Business License fees to include vendors participating in City-
sponsored events;
2) Maintaining the status quo - leave the code as it currently is.
Both of these options would not relieve the vendors from the issues described above. When
considering these options, paliicipants and vendors of City-sponsored events would pay a full or
paliial business license fee plus the fees set fOlih in the Recreation Fee Schedule. For the
reasons described above, staff does not recommend either option.
FISCAL IMPACTIFUNDING SOURCE:
Staff has determined that there would be no significant financial impact from exempting business
license fee requirements for City-sponsored events.
Past practice has been to require business license taxes only from food tmcks and food vendors
who have mobile food cooking and serving set-ups. In 2011 the Finance Department collected a
3
ITEM NO. 8
total of $250 in business license fees from vendors associated with the Fanners Market, Arts &
Music Festival, Tasty Tuesday, and Holiday Crafts Faire.
The fiscal impact of this proposal would be negligible. Applying only the recreation fee to City-
sponsored events as recommended may result in greater event participation and increased
revenue.
Amending the Rohnert Park Municipal Code as recommended would not alter typical licensing
requirements for established Rohneli Park businesses that elect to participate in City-sponsored
events.
Department Head Approval Date: August 27, 2012
City Manager Approval Date: October 2,2012
City Attorney Approval Date: October 1, 2012
Attachments (list in packet assembly ordel):
Ordinance Amending Section 5.04.060 of Title 5 of the Rohnert Park Municipal Code
4
ORDINANCE NO. 849
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING SECTION 5.04.060, "EXEMPTIONS" OF TITLE 5, "BUSINESS
LICENSES-GENERAL PROVISIONS", OF THE
ROHNERT PARK MUNICIPAL CODE
WHEREAS, The City of Rohneli Park ("City") sponsors many events that utilize vendors as a source of
revenue for the City. These events include, but are not limited to, the popular Fanners Market, Tasty
Tuesday, and Alis & Crafts Fairs presented by the Community Services Depatiment:
WHEREAS, Rohnert Park Municipal Code Section 5.04.030 requires that all persons doing business
in Rohneli Park pay a business license tax:
WHEREAS, the Municipal Code is not clear whether it should be applied to periodic vendors, but the
apparent intent of the business license tax was to impose a charge on established and ongoing businesses
only:
WHEREAS, vendors are required to pay a vendor pmiicipation fee in order to patiicipate in any events
sponsored by the Community Services Depatiment imposed pursuant to the Recreation Fee Schedule;
WHEREAS, the vendors at these events tend to only attend one or two events a year, and therefore are
not imposing the same types of impacts on the City as the established and ongoing businesses that are
subject to the business license tax.
WHEREAS, requiring a vendor pmiicipation fee plus a business license creates a potential barrier to
entry because there is such a ShOli period of time to amortize the costs, which could eliminate any
profit the vendors might have for the event, discouraging them from pmiicipating:
WHEREAS, the City wishes to encourage pmiicipation in these types of events because these vendors
can attract the public to the event and the vendor fees provide revenue to the facility and pay for other
activities at the event such as enteliainment:
WHEREAS, it is a common practice for many cities to waive business license fees for vendors
pmiicipating in special events sponsored by the City.
NOW, THEREFORE, the City Council of the City ofRohnert Park does hereby ordain as
follows:
SECTION 1. Recitals. The City Council of the City ofRohnert Park does hereby find that the
above referenced recitals are tme and correct and material to the adoption of this Ordinance.
SECTION 2. Amendment. Section 5.04.060, "Exemptions," of Title 5, "Business Licenses-
General Provisions" of the Rohnert Park Municipal Code is hereby amended to add the following
exemption to Subdivision (E) of that Section:
7: Vendors whose business is conducted exclusively in connection with special events (~fJered by: (1)
the Community Services Department (~lthe City, or (2) other City-sponsored special events. For the
purposes (~lthis section the term "vendor" shall refer only to those vendors selling produce, pre-
packaged/(JOd, or arts and crap items.
SECTION 3. Severability. The City Council hereby declares that every section, paragraph,
sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence,
clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining
sections, paragraphs, sentences, clauses, or phrases.
SECTION 4. Effective Date. This Ordinance shall be in full force and effective thirty (30) days
after its adoption and shall be published and posted as required by law.
This ordinance was introduced on October 9, 2012; and
DULY AND REGULARLY ADOPTED by the City Council of the City ofRohnert Park on
2012, by a vote of the City Council as follows:
AYES:
NOES:
ABSENT:
ABST AIN:
ATTEST:
CITY OF ROHNERT PARK
Jake Mackenzie, Mayor
City Clerk
APPROVED AS TO FORM
City Attorney
ITEM NO. 9
Mission Statement
"We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow. ..
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: October 9,2012
Depaliment: City Manager
Submitted By: JoAnne Buergler, City Clerk
Prepared By: JoAnne Buergler, City Clerk
Agenda Title: Board/Commission/Committee Appointment to the Sister Cities Relations
Committee
RECOMMENDED ACTION:
1. Consider an "at large" nomination of the following one candidate: Alicia Bonner, for
appointment to fill one of the two existing vacancies on the Sister Cities Relations
Committee for the remainder of a 2-year term which expires on December 31, 2012.
BACKGROUND:
Sister Cities Relations Committee
The Sister Cities Relations Committee was established to enhance global understanding between
citizens of the various countries of the world by encouraging communication and cultural
exchanges. The program offers an opportunity for citizens of all ages to discover that people
around the world are fundamentally alike regardless of cultural influences or perceived differences.
Members of the Sister Cities Relations Committee shall reside or work in Rohnert Park and will
serve "at-large" with appointments made for each 2-year term by a majority vote of the City
Council. Currently, two vacancies exist on the Committee with terms expiring on December 31
2012.
The City Clerk's Office distributed and posted notices of the vacancies on the Committee on
Febmary 21,2012. One Fact Sheet Application from Alicia Bonner was received and is attached
to this report for consideration.
ANALYSIS:
N/A
OPTIONS CONSIDERED:
N/A
FISCAL IMPACTIFUNDING SOURCE:
N/A
ITEM NO. 9
Department Head Approval Date: N/ A
City Manager Approval Date: 9/24/12
City Attorney Approval Date: N/ A
Attachments:
1. Sister Cities Fact Sheet Application from: Alicia Bonner
2. City Council Protocols; Section X.A - City Boards, Commissions, and Committees
(Appointments to City Boards, Commissions, and Committees)
2
Sep 18 12 10:42a
Alicia Bonner
7075858884
p.1
kt!
ClTY OF ROHNERT PARK · 130 Avram Avenue. Rohnert Park, CA . 94928
PHONE: (707} 588-2227 FAX: (707) 792-1876 EMAlL: cadams@rpcity.org
FACT SHEET FOR CITY COUNCIL APPOINTMENTS TO COMMISSIONS. BOARDS OR COMMITTEES
To which Commission, Board, or Committee do you seek Appointment?
Sister Cities Relations Committee
Name: A lido Bonner Residence Telephone:
Address: _ _ _ Rohnert Park, Ca. 94928
Work phone: Fax:_ Cell:
E-mail:
-
Indicate Reasons for your Interest in Appointment:
Altruistic qualities have been expressed in every aspect of my life. As both a mother and a
teacher, r have always worked to developed a environment that would show respect to people
of diverse cultures and backgrounds. I strive to respect and understand the backgrounds
of everyone r encounter. I believe my pass experience as an educator and my involvement
in the community will be an asset to the committee.
List Activities in Clubs, Associations, etc.
Do Tell Story Swap, North Bay Organizing Project, Bridge to the Future Rites of Passage
X
Are you 18 or over? Yes: _ No: _
Are you registered to vote in Rohnert Park? Yes: ~ No:
What year did you became a Rohnert Park Resident:
1986
Employer: Retired Teacher
Address:
Type of Business: Education
Specific Work Performed:
Elementary School Teacher
Do you have a High School Diploma?
Yes
Other Degrees, Awards, etc. Bachelor of Science Degree
9-17-12
Date
PLEASE RETURN TO CITY CLERK'S OFFICE: 130 Avram Avenue. Rohnert Park. CA 94928
(Form approved by City Council1(03)
M:\CommisSlon-Commiltcc.Soard Appointments\F"rms\F ACT SHEET. DOC
'..
Attachment 2
IX. USE OF CITY COUNCIL CHAMBER
A. The primary purpose of the City Council Chamber, a portion of Rohnert Park City
Hall, is for the use of the City Council, Planning Commission, other City Council
advisory bodies, and other groups and committees of the City and such other
intergovernmental or citizens groups as the City may convene.
B. A calendar of use shall be maintained by the City Clerk's office, and all requests
for use should be regularly calendared or scheduled thrqugh that office.
. C. The City Council Chamber shall not be used for political or commercial purpose
except as outlined in the following point:
D. The City shall allow the use of the Council Chamber for the conduct of candidate
forums for election, whether for city, county, state, or national office under the
following circumstances:
1. When the candidates' forum is sponsored by a 501(c)3 non-profit agency, a
legitimate non-partisan group, or a governmental agency.
2. When all candidates for that public office have been invited to participate, and
a majority of the candidates have indicated that they will do so.
3. When the event is chaired and moderated in an impartial and objective way
which is fair to all candidates.
E. Use of City-owned and operated television and broadcasting capability shall be
limited to broadcast of City Council, Planning Commission , and other City
advisory body meetings, for use every two years by the League ofW omenV oters
for a Council Candidate Forum, and for City-related emergency or informational
purposes as authorized by the City Manager. Use of the video broadcasting
system by an outside agency is not allowed except with the permission of the City
Council at least two weeks prior to the event. If such use is granted it is subject to
appropriate personnel - equipment - overhead charges as established by the City
Manager.
The following procedures will be used in considering appointments by the City
Council to the various City boards, commissions, and committees which extend
for a term in excess of six(6) months:
City Council Protocols
Adopted 10/28/2008 by Rem No. 2008-173
Amended 9/14/2010 by Reso. No. 2010-109
Page 22 of25
1343373v1A 80078/0012
1. All persons interested in being considered for service on a City. board,
commission, committee or group must have on file with the City an
application indicating an interest in serving (fact sheet).
2. For each separate appointment, individual Council members will be allowed,
on a rotation basis, to nominate persons ~or the opening being considered.
3. Each person nominated for a position on a board, commission,. committee or
group must receive a majority vote of the City Council in order to be
appointed.
4. Whenever an appointed member of a board, commission, committee or group
vacates his or her term of office, for whatever reason, then the Council
member who nominated said person shall be entitled to nominate a successor
to complete the term.
5. The City Council may establish a committee or other group with appointments
. "at large" by the whole Council and not follow the nomination rules as
outlined in these Protocols. This procedure would be used for committeesor
groups the City Council deems appropriate.
6. For boards, commissions, committees or groups with memberships divisible
by five (5), each Council member shall be entitled to nominate one member
for appointment. All other nominees for appointment in excess of the number
divisible by five (5) shall be selected by the whole Council on an at-large
basis. Any nomination made by a Council member must be approved by a
majority of the CounciL
7. Whenever deemed appropriate and. necessary by the CounciL Rotation order
for making nominations. will be determined by lot unless the Council agrees
otherwise, provided however, that f9r boards, commissions, committees or
groups whose term is to extend over several years, those appointments
selected by individual councilpersons shall have a term of office of four or
less years which corresponds to the term of office of the councilperson
appointing the person.
8. The City Clerk shall keep a record of the appointments and the Council
members' rotation order. The rotation order shall stay intact. for future
appointments until amended or rescinded.
9. Whenever a membership vacancy occurs on a City board, commISSIOn,
committee, or group, the City Clerk shall post a notice of the vacancy
notifying the public of the vacancy to be filled,. that applications will be
considered. and the. date that the applications will be considered to fill the
City Council Protocols Page 230[25
Adopted 10/28/2008 by Reso, No. 2008-173
Amended 9/14/2010 by Reso. No. 2010-109
1343373v1A 80078/0012
Distr. @ Mtg. Of: ID- q - t?
cc: j~ If)
cc:
To whom it may concern;
We are here today to introduce you to our company, RAZ Taxi and Limousine Service.
Our transportation business is located in between Robnert Park and Santa Rosa, comer of Whistler Ave
and Millbrae Ave (behind Wal-Mart). We offer taxi services for various events at an affordable price
for ALL to enjoy. We believe everyone, even those with a budget should be able to afford getting a safe
ride to their home or destination. At the same time, helping boost our economy by providing a service
to our community. RAZ Taxi and Limousine, offers luxury transportation at a low taxi rate for
everyone to enjoy. Our drivers have been trained to offer excellent customer service and go above and
beyond to ensure a safe comfortable ride in a non-smoking vehicle.
Our fleet is currently composed of eight non-smoking, Lincoln town cars. We are looking to expand
our services and our fleet by 2013 while continuing to provide our clients reliable transportation. RAZ
Taxi and Limousine currently offers 24/7 taxi services to the city of Santa Rosa (with reservation),
Airport services, Corporate events, and wine tour services. With our base location being close to the
city of Robnert Park, most our incoming calls come from Robnert Park residents and travelers. RAZ
Taxi and Limousine Services, has been turning away business to the residents of Robnert Park, nearby
hotels, shopping centers, and restaurants. It is our goal to bring our services to the growing city of
Robnert Park and be able to work with the current taxi companies. We would like to lower the
residents and travelers waiting time for their transportation needs. This is why we are here tonight to
extend our hand and services to the City of Robnert Park. As your mission statement states " We Care
for Our Residents by Working Together to Build a Better Community for Today and Tomorrow."
Taxi Rates:
$30.00 an hour waiting time.
Regular Rate
$3.00 Starting Rate
$3.00 per mile
Senior Rate
$2.75) Starting Rate
$2.75iper mile
Thank You!
RAZ Taxi and Limousine Services
(Behind Robnert Park - Wal-Mart)
(707) 588-8899
ITEM NO. 10
Mission Statement
"We Carefor Our Residents by Working Together to Build a
Better Community for Today and Tomorrow. ..
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: 10/9/2012
Department: Depmiment of Public Safety (Patrol Division)
Submitted By: David Welch, Sergeant #116
Prepared By: David Welch, Sergeant # 116
Agenda Title: Public Hearing: Application by Danny Nakash for Celiificate of Convenience (Taxi
Permitfor Raz Taxi and Limo1lsine Services)
RECOMMENDED ACTION:
(l) Hold duly noticed and scheduled public hearing: (2) determine if a Celiificate of Public Convenience
(Taxi Permit) should be issued to Danny Nakash d.b.a. Raz Taxi and Limousine Service: and (3) if so
determined, adopt resolution finding the Public Convenience and Necessity for Danny Nakash d.b.a. Raz
Taxi and Limousine Service to provide taxicab service in Rohneli Park.
BACKGROUND:
I have reviewed the application submitted by Danny Nakash, d.b.a. Raz Taxi and Limousine Service. At
this time the Depmiment of Public Safety, as the regulatory agency, has no objection to the addition of
another company as a purveyor of taxi services within the city limits.
ANALYSIS:
The Depmiment of Public Safety does not maintain statistical data to justify or deny an additional
provider. There have been no complaints by citizens to the Depmiment of Public Safety that the six (6)
permitted taxi companies: Sam's Limo Taxi, Ace Taxi, Freedom Cab, Petaluma Green Taxi, Luxury Taxi
and Yellow Cab are not meeting their obligations for service. A cursory records check of the applicant's
contacts with Sonoma County law enforcement shows no reason why he should be denied a taxi permit.
At this time, the Depmiment of Public Safety has no reason to object that the application for a Celiificate
of Public Convenience be allowed to proceed. There are several applications and procedures that need to
be completed before final approval is l!ranted:
1. Adherence to all requirements of the Rohneli Park Municipal Code sections 5.20.010 through
5.20.180. Special attention to section 5.20.130 (Drug mId alcohol testing).
2. Completion of the Public Safety "Taxi Driver" application.
3. Completion of the Public Safety "Taxicab" application and inspection of each vehicle by the
Depmiment of Public Safety.
4. Completion of the Depatiment of Justice background fingerprint card and the return of the
background information from DOl.
5. Driver's license check
6. Proof of current and applicable vehicle and business insurance.
ITEM NO. 10
7. Review and adherence to all applicable California Vehicle Codes covering 'Taxicabs".
Note: The application for cert(jlcate presented at this time and the public hearing represent the initial
preliminaJ)! procedures stipulated in the Municipal Code, PRIOR to submittal (?fthe actual Application
for the Permit to the Department (?fPublic Safety, which would include completiol1 (?fthe above-reviewed
procedure BEFORE grantingjitll approval.
After successfully completing the above process, the application will be reviewed by the Director of
Public Safety.
OPTIONS CONSIDERED:
Object to the addition of another company as a purveyor of taxi services within the city limits.
FISCAL IMPACTIFUNDING SOURCE:
None
Department Head Approval Date:
City Manager Approval Date:
City Attorney Approval Date:
10-2-2012
10-2-2012
Attachments (list in packet asselllb~v ordel~:
1. Public Hearing Notice
2. Application for Public Convenience and Necessity
3. Resolution Finding Public Convenience and Necessity
2
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Rohneli Park will be
holding a PUBLIC HEARING.
WHERE: Rohneli Park City Hall- Council Chamber
130 Avram Avenue
Rohnert Park, California
WHEN: Tuesday, October 9, 2012, not before 6:00 p.m. or as soon thereafter as
the matter is reached on the agenda.
PURPOSE: To solicit input regarding an application from Danny Nakash for a
Certificate of Public Convenience and Necessity to Provide Taxicab
Service in the City ofRohnert Parle
Representatives of this proposal will be available to respond to questions. All persons
interested in this matter should appear at the October 9, 2012, City Council meeting. Written
statements may be submitted to the City Clerk in advance for presentation to the Council as
part of the public hearing.
NOTE: If you challenge this matter in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City ofRohnert Park at, or prior to, the public hearing.
Documents related to this item are available for public review during normal business hours
at the City Clerk's Office, 130 Avram Avenue, Rohnert Park, CA, (707) 588-2227.
Questions regarding this matter should be directed to JoAnne Buergler, City Clerk, at (707)
588-2225 or Dave Welch, Public Safety Sergeant, at (707) 584-2600.
Dated: September 24,2012
Published: September 27,2012
JoAnne Buergler, City Clerk
APPLICATION
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
NAME & ADDRESS: PHONE NUMBER:
O/J,I\/NY j\(t4IO(ff~~
1. Number of vehicles proposed to be operated under this permit:
2. Number of vehicles presently being operated, if any:
3.
i;
To
s-
rcJ y f\( oW
Make, type, year of manufacture and passenger seating capacity for each vehicle proposed to
be operated for which a permit is being requested:
I, 11 ('0/ f/
} I Yt [ 01 VI
--
Jowh
Tc,Cvh
c,qy :l.oo~ X'd-.
ray ~C>bO y Q
4. Described the proposed color scheme, insignia or other distinguishable characteristics of the
taxicab to be used:
b /o.ck /DJ h ,+ e
/
5. Any further facts which you believe tend to prove that public convenience and necessity
require the granting of a permit:
F/ot11 RohheYf fb..flk
oc, L;LtIr- t.Jh'if/-€~ qll^~
t?7osf ot MY call L 5qf
hecor~o P tM:f LOCCAi-loh
5 c, lilt Ci.- V'C:1~ 0... - C 14 <( .r~o r
6. Proposed rates to be charged:j '/
Sef/lf6''r t';2,f-~ ,fc.v-fecA. ~'-t~ i'J..t f) Q 1/t.1.',!J
reS i/CtV 1J, i. ~o ~.,La v+gJ Q fA ~ f/, 3. en Ct 1M ,1/
Please return this Application with $25.00 Filing Fee made payable to City of Rohnert Park to:
City Clerk
130 Avram Avenue
Rohnert Park, CA 94928
II
RESOLUTION NO. 2012-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
FINDING THE PUBLIC CONVENIENCE AND NECESSITY FOR
Danny Nakash, d.b.a. Raz Taxi and Limousine Service, TO PROVIDE
TAXICAB SERVICE IN THE CITY OF ROHNERT PARK
WHEREAS, in accordance with Rohnert Park Municipal Code (Municipal Code) Section
5.20.030, Danny Nakash, 4415 Whistler Ave. Santa Rosa, CA. 95407, has applied for a
Certificate of Public Convenience and Necessity to operate a taxicab service within the City of
Rohnert Park;
WHEREAS, notice of a public hearing on the application was mailed to the applicant and
published in The Press Democrat on September 27, 2012 in compliance with Rohneli Park
Municipal Code Section 5.20.040;
WHEREAS, on October 9, 2012, the City Council held a noticed public hearing at which
time interested persons had an opportunity to testify either in support of or in opposition to the
application;
WHEREAS, based on the testimony received at the public hearing and other information
in the record, issuance of a Certificate of Public Convenience and Necessity is appropriate and
can be supported by the findings described in Section 5.20.050 of the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofRohnert
Park as follows:
SECTION 1. In accordance with Municipal Code Section 5.20.050, the City Council
finds and declares that the public convenience and necessity require the proposed service and
subject to confirmation by the City Manager, that:
A. The applicant is financially responsible and is of good moral character;
B. The persons holding permits or licenses for the operation of motor vehicles for hire
are under the experienced and efficient management earning a fair and reasonable
return of their capital devoted to such service;
C. The applicant has complied with the provisions of all city, state and federal laws
applicable to the proposed operation; and
D. The additional service will not result in a greater hazard to the public, and will not
create traffic congestion or parking problems.
SECTION 2. The City Council hereby authorizes, upon satisfactory completion of the
required inspections and background checks as determined by the Department of Public Safety
the issuance of a Certificate of Public Convenience and Necessity for the operation of a taxicab
service by Danny Nakash within the corporate limits of the City ofRohnert Park subject to the
following conditions:
A. The applicant shall provide a certificate of insurance meeting the requirements of
Municipal Code Section 5.20.070.
B. The applicant shall operate the taxicab service in accordance with the requirements of
the Director of Public Safety in the City ofRohnert Park, Municipal Code Chapter
5.20 and all other applicable ordinances and regulations of the City ofRohneli Park,
and all applicable state and federal laws and regulations.
DULY AND REGULARLY ADOPTED by the City Council of the City ofRohnert Park
this 9th day of October, 2012.
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
AHANOTU:
BELFORTE:
CALLINAN:
STAFFORD:
MACKENZIE:
AYES: (
NOES: (
) ABSENT: (
) ABSTAIN: (
1181
RUSSIAN RIVER WATERSHED ASSOCIATION
MEETING OF THE BOARD OF DIRECTORS
September 27,2012,9:00 AM
Windsor Town Council Chambers
9291 Old Redwood Highway, Windsor, CA 95492
RUSSIAN RIVER
WATERSHED ASSOCIATION
AGENDA
A. Call to Order and Introductions
B. Approval of the Agenda
C. Approval of Standing Items
. Minutes: July 26,2012 Board of Directors Meeting
D. Guest Speaker Presentation - Dialogue with Matt St. John, Executive Officer of the
North Coast Regional Water Quality Control Board
E. Guest Speaker Presentation - Sonoma County Water Agency "Water Smart
Dev~opmentGuidebook"-KentGy"e,SCWA
F. BOD Business
. IRWMP Update
. Safe Meds Update
o Safe Meds Round-up update
o Status of new sites in Windsor and Healdsburg
o Ongoing tracking of Alameda Ordinance
. Stormwater Phase II permit update
. Recent and on-going RRWA advocacy items
o Summary of lunch meeting with RWQCB EO and staff - September
17,2012
o Next meeting with RWQCB EO and staff - December 10, 2012
o RRWA Chair and ED update to RWQCB - April 24, 2013
. Next Board Meetings:
o December 6,2012 - Stormwater Awareness Survey 2012- Data
Instincts; Santa Rosa Plain Groundwater Management Planning
Process - Damien O'Bid; Work Plan 2013-2014; Election of 2013
RRWA Officers
o 2013 Board of Directors Meeting Calendar
. Recognition of outgoing Board member Marsh Vas Dupre
G. Working Group Activities
. Recap of discussion regarding Social Marketing
. Inventory in progress for RRWA role in regional project implementation
. Safe Meds Ordinance tracking and review
. 2013-2014 Work Plan planning
. November meeting - RWQCB update on TMDLs
H. Items of Interest
I. Public Comment
J. Adjourn
The Russian River Watershed Association complies with ADA requirements and will attempt to reasonably accommodate individuals
with disabilities upon request.
Please contact Executive Director, Virginia Porter, at (707) 833-2553 with any questions.
1182
SCTA
490 MENDOCINO AVENUE, SUITE 206
SANTA ROSA, CA 95401
WWW.SCTAINFO.ORG (707) 565-5373
RCPA
sonoma county transportatIOn authority t1(J1D1\a1 cllmat. protection authority
BOARD OF DIRECTORS AGENDA
October 8, 2012- 2:30 p.m.
Sonoma County Permit & Resource Management Department
Planning Commission Hearing Room - 2550 Ventura Avenue, Santa Rosa, CA
1. Call to order the meeting of the Sonoma County Transportation Authority (SCT A) and the
Sonoma County Regional Climate Protection Authority (RCPA)
2. Public comment on items not on the regular agenda
3. Consent Calendar
4.2
4.3
SCT A Projects and Programming
4.4.1 OBAG- One Bay Area Grant call for projects approval (ACTION)*
4.4.2 Update on State Highway projects (REPORT)
4.5 SCTA Administration
4.5.1 PUBLIC HEARING: Budget - FY12/13 SCTA Final Budget and cash flow
discussion (ACTION)*
4.5.2 PUBLIC HEARING: Budget - FY12/13 Transportation Fund for Clean Air
(TFCA) Final Budget (ACTION)*
4.5.3 PUBLIC HEARING: Budget - FY12/13 Measure M Final Budget (ACTION)*
5. Reports and Announcements
5.1. SMART report
5.2. MTC report*
@@~oo
(I
(I)@
@
2
5.3. Executive Committee report
5.4. Advisory Committee agendas*
5.5. SCTAlRCPA staff report
5.6. Announcements
6. Adjourn
"Materials attached.
The next SCTAfRCPA meetings will be held November 19.2012
Copies of the full Agenda Packet are available at WINW.sctainfo.org
DISABLED ACCOMMODATION: If you have a disability that requires the agenda materials to be in an alternate format or that requires an
interpreter or other person to assist you while attending this meeting, please contact SCTAfRCPA at least 72 hours prior to the meeting to
ensure arrangements for accommodation.
SB 343 DOCUMENTS RELATED TO OPEN SESSION AGENDAS: Materials related to an item on this agenda submitted to the SCTAfRCPA
after distribution of the agenda packet are available for public inspection in the SCTAlRCPA office at 490 Mendocino Ave., Suite 206, during
normal business hours.
Pagers, cellular telephones and all other communication devices should be turned off during the committee meeting to avoid electrical
interference with the sound recording system.
TO REDUCE GHG EMISSIONS: Please consider carpooling or taking transit to this meeting. For more information check WINW.511.orQ,
htto:/lWINW.srcitv.oralcitvbus or WINW.sctransit.com
3
1184
ROHNERT PARK GOLF COURSE OVERSIGHT COMMITTEE
AGENDA
Tuesday October 2, 2012
7:00 p.m.
Rohnert Park Community Center
5401 Snyder Ln, Rohnert Park
If you wish to speak on an item under discussion by the Golf Course Oversight Committee, you may do so upon recognition
from the Chairperson.
After receiving recognition from the Chairperson, please walk to the rostrum located in the front and center of the room and
state your name and address for the record before making your presentation.
Item #1
CALL MEETING TO ORDER
. Roll Call:
D Chair M. Harrow D Bird D S. Harrow D Griffin D Schwarz D Sturdivant
D Council Liaison Stafford
. Approval of Minutes: July 17,2012
. Acknowledgment of Recreation Department staff's report on the posting of the
meeting's agenda.
Agenda has been posted in three public places: Community Center, Public Safety
Building, Library and City Hall.
. Unscheduled Public Appearances for public comments on items not listed on the
a enda, or on a enda items if unable to s eak at the scheduled time.
Item #3
Course Report
Committee to receive report from CourseCo representative(s) on conditions and programs at Foxtail
Golf Club.
Lease Negotiations
Staff will report on the lease negotiations between CourseCo and the City.
Item #4
Warning Signs for Pedestrians
Staff will report on the status of the pedestrian warning signs.
Item #5
Golf Course Inspection Report
Course inspection results will be presented.
Item #6
Matters From Committee Members
:,,-"\
Page 1 of2
Item #8
Items for Next Meeting
Disabled Accommodation:
If you have a disability which requires an interpreter or other person to assist you while attending this Golf Course Oversight Committee meeting, please
contact the City Offices at (707) 588-3456 at least 72 hours prior to the meeting to insure arrangements for accommodation by the City. Please make
sure the Recreation Department is notified as soon as possible if you have a visual impainnent that requires the meeting materials be produced in another
fonnat (Braille, audio-tape, etc.).
~.
~.
Page 2 of 2
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Item 12A
The Honorable Jake Mckenzie,
Mayor of Rohnert Park
it~~~,
S{p 19l1/~h "'~~.
c. 28 ~ '
'lJyOp 2012
I?olttv,
'l:Rl" P.
~I(
It is our pleasure that your entire staff are in good spirit and health. Let me
express our wholehearted congratulation for your 50th anniversary of
incorporation of the City of Rohnert Park.
We admire that you and your entire citizen have been working hard
to improve and develop the quality of life in Rohnert Park. It is our sincere
desire to join you to celebrate this milestone year and hoping for bright
future of your city.
We are so proud of having friendly relationship between our two
cities as a sister City partner. We would like to further deepen our
. mutual trust and respect.
We wish you a prosperity of your city and welfare and happiness of your
great citizen.
Yours very truly,
Yoshiyuki Kinoshita,
Mayor of Hashimoto City, Wakayama Prefecture, Japan
(translated from Japanese text by Tadao Kunishi)
Still Friendly After All These Yea/S!
City Council
Jake Mackenzie
Mayor
Pam Stafford
Vice Mayor
Amy O. Ahanotu
Gina Belforte
Joseph 1. Callinan
Council Members
Gabriel A. Gonzalez
City Manager
Michelle Marchetta Kenyon
City Attorney
Alexandra M. Barnhill
Assistant City Attorney
JoAnne Buergler
City Clerk
Darrin W. Jenkins
Director of Development Services
/ Cify Engineer
Brian Masterson
Director of Public Safety
John McArthur
Director of Public Wolks and
Community Services
Cathy Orme
Finance Director
128
September 26,2012
Maurice Fredericks
6950 Commerce Blvd., Suite 1
Rohnert Park, CA 94928
Dear Mr. Fredericks,
I am responding to your August 24, 2012 letter regarding the ownership of the
liquid amber trees fronting your property at 6950 Commerce Boulevard. In your
letter you requested clarification on who hl1~ maintenance responsibility for the
trees located on Commerce Blvd, as well as the landscape strip on Ar]en Dr.
I apologize for the delay in responding to your question(s). After researching all
relevant documents related to this property, I have concluded that the liquid amber
trees in question are your (the property owner) responsibility- to maintain.
Additionally, the fronting landscape strip located on Arlen Drive is also your
responsibility to maintain.
The basis for my determination is that both landscape strips (Commerce and Arlen)
are located within the property boundary of your property ~ APN ]43-380-0010
(attached).
The general approach I took in determining maintenance responsibility of the trees
and other improvements fronting your property was 1) defining property
boundaries and 2) agreement that would designate maintenance responsibility to
the City. Essentially, in the absence of an existing binding agreement, whenever
trees or other improvements are physically located on private property then the
responsibility of maintenance and liability falls upon the property owner. In this
instance, the property line extends to the back of the curb (not sidewalk) on both
streets; thus, both landscape strips are not owned by the City and are part of the
property located at 6950 Commerce Blvd. Furthermore, I could not find any fonn
of an agreement that would obligate the City to maintain these landscape strips.
Please note that since these trees are on private property, the City cannot assist you
financially or otherwise with the maintenance of the trees or other improvements
located on this property.
Please call me at 588-3301 [fyou have any questions about these findings. I would
be happy to meet with you and review the property boundaries or discuss any other
concerns you may have.
Regards,
?/J//(~
John McArthur
Director ofPub]ic Works & Community Services
Attachments:
County Assessor's Parcel Map
cc: Gabe Gonzalez, City Manager
Mark Ferguson, REMIF
Steve Mitchell, Attorney at Law
Doug Hearn, Code Compliance Officer
130 Avram Avenue. Rohnert Park CA. 94928 . (707) 588-2226 . Fax (707) 792-1876
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Law Office of
MAURICE FREDERICKS
6950 Commerce Boulevard, Suite 1
Rohnert Park, California 94928
Telephone: (707) 795-5485 . Fax: (707) 795-5486
RECEIVED
AUG2 9 201l
August 24,2012
CITY OF ROHNERTP?
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Gabnel Gonzalez, CIty Manager
City ofRohnert Park
130 A vrarn Avenue
Rohnert Park, CA 94928
Re: Liquid Amber Trees Along Commerce Boulevard
Fronting 6950 Commerce Bouleyard, Rohnert Park, California
Gentlemen:
We wish to clarifY whose obligation it is to maintain the liquid amber trees along
the parking strip at 6950 Commerce Boulevard, facing Commerce Boulevard and Arlen Drive.
Please note that the property is not in a subdivision. When we inquired as to removal or topping
ofthe trees several years ago, we were informed that the trees were the responsibility of the city;
and, in fact, at that time the city did extensive pruning on them.
We request your advice, in writine, as to whose responsibility these trees are.
Not only have they grown to great heights, they also seem to be affecting the sidewalk. Inturo
the city has done repair work on the sidewalks, and, although necessary, this work was not
requested by us. .
Thank you for your attention to this matter.
rvtF/ejs
/'1
Yours sincer.ely, /(./
7-
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CITY OF ROHNERT PARK
Office of the City Clerk
130 Avram Avenue, Rohnert Park, CA 94928
Item 13
LOCAL APPOINTMENTS LIST
NOTICE OF BOARD, COMMISSION AND COMMITTEE APPOINTIVE TERMS
PURSUANT TO GOVERNMENT CODE SECTION 54972
The Rohnert Park City Council will consider appointments to City commissions, committees and
boards for terms that expire December 31, 2011 (highlighted below) at its January 10, 2012,
regular meeting beginning at 5:00 p.m. Rohnert Park residents interested in applying should
submit a completed Fact Sheet application form to the City Clerk's Office on or before Friday,
December 2, 2011. The application form may be obtained at the City Clerk's Office, on the City's
website (www.rpcitv.org), or by telephoning 588-2227.
Necessarv Qualifications: Current Rohnert Park residents are
BICYCLE ADVISORY COMMITTEE eligible. Preference is given to interested and responsible
(Five Two-year Terms) bicycle enthusiasts to review and make recommendations to the
City Council on Bike Path Plans/Projects in the community.
Meets on the 4th Monday @ 5:30 p.m. - City Hall Conference Room 2A
PURPOSE: Review Bike Path Plans/Projects & make recommendations to City Council.
(Established 9/22/92 by City Council concurrence; (Policy Resolutions 93-11; 93-17; 2000-117; 2000-194; 2000-
232; 2005-43)
Years of Initial Date of Last Date Current Current
MEMBERS Service to Nomination by: Appointment Term Expires Nomination by:
12/31/11
Bell, Creighton 4 Mackenzie Jan-11 Dec-12 Mackenzie
Gault, Terry 3 Belforte Feb-11 Dec-12 Belforte
Hensel, Tim 1 Callinan Feb-11 Dec-12 Callinan
Hopley, Daniel 1 Stafford Jan-11 Dec-12 Stafford
Williams, Carson 5 Smith Feb-11 Dec-12 Ahanotu
Necessarv Qualifications: Current Rohnert Park residents are
CUL TURAL ARTS COMMISSION eligible. Preference is given to citizens of acknowledged
(Five Two-year Terms) accomplishment in the professional practice of the arts, and/or
to persons who have demonstrated an interest in, and
appreciation of cultural and artistic activities.
Meets on the 2nd Monday @ 4:00 p.m. - Rohnert Park Community Center
PURPOSE: Bringing cultural & artistic activities to the City. Selection based on demonstrated accomplishment in
these areas.
(Established 10/67 by Ord. No. 86; Amended 7/21/86 by Ord. No. 466; 1/22/91 by Ord. No. 531; 2/9/93 by Ord. No.
572; and 3/9/93 by Ord. No. 573; subject to Policy Resolutions 84-144; 87-211; 93-11; 93-17; 2000-117; 2000-194;
2000-232; 2005-43)
Years of Initial Date of Last Date Current Current
MEMBERS Service to: Nomination by: Appointment Term Expires Nomination by:
12/31/11
Anello, Chuni 1 Mackenzie Feb-11 Dec-12 Mackenzie
Miller, Robin 3 Belforte Jan-09 Dec-12 Belforte
Transue, Phyllis 1 Stafford Feb-11 Dec-12 Stafford
Wright, Andrew 0 Callinan Sept-11 Dec-12 Callinan
Wandling, Susan 0 Ahanotu Nov-11 Dec-12 Ahanotu
CITY OF ROHNERT PARK
Office of the City Clerk
130 Avram Avenue, Rohnert Park, CA 94928
Necessarv Qualifications: Current Rohnert Park residents who
are duly qualified registered voters are eligible. Board Members
MOBILE HOME PARKS RENT will be required to file conflict of interest statements as required
APPEALS BOARD by law. Preference is given to citizens interested in preventing
(Five Two-year Terms - Staggered) unreasonable rent increases for controlled mobile home rental
spaces in Rohnert Park for the five (5) mobile home parks in the
city while still assuring the owner's right to a fair return.
Meets on the 1 st Thursday @ 7:00 p.m. - Council Chamber
PURPOSE: Administration of Mobile Home Park Ordinance No. 494 (Chapter 9.70 of the Rohnert Park Municipal
Code), established to regulate rent adjustments for the five (5) mobile home parks in the city.
(Established by Initiative Election 12/8/87 by Ord. No. 494; Amended 1/24/95 by Ord. No. 599; 7/11/95 by Ord. No.
607; 1/23/96 by Ord. No. 612; and 8/22/00 by Ord. No. 658; subject to Policy Resolutions 93-11 ;93-17;2000-117;
2000-194; 2000-232; 2005-43)
MEMBERS First Initial Date of Last Date Current Current
Appointed Nomination by: Appointment Term Expires Nomination by:
Carlson, Leonard 11-2003 Flores Jan-12 Dec-13 Ahanotu
Engelhart, L. Kurt 7-1995 Eck Jan-11 Dec-12 Mackenzie
Broadhead, Diane 8-2012 Stafford Aug-12 Dec-12 Stafford
Reymond, Patrick 10-2009 Belforte Jan-12 Dec-13 Belforte
Utter, Barbara 3-2006 Smith Jan-12 Dec-13 Callinan
Necessarv Qualifications: Current Rohnert Park
PARKS & RECREATION COMMISSION residents are eligible. Preference is given to citizens
(Five Two-year Terms) indicating an interest in parks and recreation programs
for the community.
Meets on the 3rd Monday @ 6:30 p.m. - Council Chamber
PURPOSE: Review policies & programs & make recommendations to Council & Recreation Department.
(Established 11/19/62 by Ord. No. 12; Amended 7/17/72 by Ord. No. 180; Amended 9/26/83 by Ord. No. 423;
Amended 7/21/86 by Ord. No. 466; Amended on 4/26/89 by Ord. No. 512; Amended 2/11/93 by Ord. No. 572;
Amended 1/28/03 by Ord. No. 694; Amended 1/23/07 by Ord. No. 778; subject to Policy Resolutions 87-211; 93-11;
93-17; 2000-117; 2000-194; 2000-232; 2005-43; 2007-16)
Years of Initial Date of Last Date Current Current
MEMBERS Service to: Nomination by: Appointment Term Expires Nomination by:
12/31/11
Tracy, Linda 0 Stafford Jan-12 Dec-12 Stafford
Bird, Michael 9 Nordin Jan-11 Dec-12 Callinan
Black, Bonnie 5 Smith Jan-11 Dec-12 Ahanotu
Borr, Chris 3 Belforte Jan-11 Dec-12 Belforte
Griffin, Gerald 19 Gallagher Jan-11 Dec-12 Mackenzie
CITY OF ROHNERT PARK
Office of the City Clerk
130 Avram Avenue, Rohnert Park, CA 94928
Necessarv Qualifications: Current Rohnert Park residents are
eligible. Commissioners will be required to file conflict of interest
PLANNING COMMISSION statements as required by law. Preference is given to citizens
interested in acting as an advisory agency to the City Council
(Five Two-year Terms) and in having such powers and duties as may be assigned to it
by the City Council including that of Board of Appeals to hear
appeals of zoninQ administrator decisions.
Meets on the 2nd & 4th Thursday @ 7:00 p.m. - Council Chamber
PURPOSE: Reviews plans for physical development for proposed construction in the City.
(Established 7/21/86 by Ordinance No. 466; Amended 2/9/93 by Ord. No. 572; 3/9/93 by Ord. No. 573 and 5/27/03
by Ord. No. 695; subject to Policy Resolutions 87-211; 93-11; 93-17; 2000-117; 2000-194; 2000-232; 2005-43)
Years of Initial Date of Last Date Current Current
MEMBERS Service to: Nomination by: Appointment Term Expires Nomination by:
12/31/11
Adams, Susan 7 Breeze Jan-11 Dec-12 Ahanotu
Armstrong, David 5 Stafford Jan-11 Dec-12 Stafford
Borba, John E. 3 Callinan Jan-11 Dec-12 Callinan
Giudice, Gerard 1 Belforte Jan-11 Dec-12 Belforte
Haydon, Susan 1 Mackenzie Jan-11 Dec-12 Mackenzie
Necessarv Qualifications: Current Rohnert Park residents,
SENIOR CITIZENS ADVISORY who are 60 years old or older, are eligible. Preference is given
COMMISSION to citizens indicating an interest in identifying the needs of the
(Five Two-year Terms) elderly of the community and creating citizen awareness of
these needs.
Meets on the 3rd Thursday of Janunary, May, & September @ 1 :00 p.m. - Senior Center
PURPOSE: To advise Council and City Manager on policies & programs serving Rohnert Park's Senior Citizens.
(Established 11/24/80 by Resolution No. 80-214; subject to Policy Resolutions 84-144; 87-211; 93-11; 93-17; 2000-
117; 2000-194; 2000-232; 2005-43)
Years of
MEMBERS Service Initial Date of Last Date Current Current
to: Nomination by: Appointment Term Expires Nomination by:
12/31/11
Ackerman, Marion 8 Mackenzie Jan-11 Dec-12 Mackenzie
Hawker, Alice (Janie) 5 Breeze Jan-11 Dec-12 Ahanotu
Sampson, Elaine 7 Vidak-Martinez Jan-11 Dec-12 Stafford
Welch, Alan 0 Belforte Sept-11 Dec-12 Belforte
Vacant Callinan Dec-12 Callinan
CITY OF ROHNERT PARK
Office of the City Clerk
130 Avram Avenue, Rohnert Park, CA 94928
Necessarv Qualifications: Current Rohnert Park residents are
eligible. Preference is given to citizens indicating an interest in
SISTER CITIES RELATIONS an opportunity for citizens of all ages to discover that people of
COMMITTEE all ages are basically alike and have common interests whatever
(Ten Two-year Terms - Staggered) their language, culture, or color of their skin and that the desire
for peace is universal and the interest in learning from one
another is widespread.
Meets on the 2nd Thursday @ 4:00 p.m. - Rohnert Park Community Center
PURPOSE: Enhance global understanding, communication & cultural exchange between citizens of various
countries.
(Established 4/9/84 by Resolution No. 84-66, Amended 5/14/84 by Resolution No. 84-91; subject to Policy
Resolutions 84-144; 87-211; 93-11; 93-17; 99-111; 2000-117; 2000-194; 2000-232; 2005-43)
Years of Initial Date of Last Date Current Current
MEMBERS Service to:
12/31/11 Nomination by: Appointment Term Expires Nomination by:
Kunishi, Tadao 10 At Large Jan-12 Dec-13 At Large
McCormack, Dennis 17 At Large Jan-11 Dec-12 At Large
Senyk, Olga 5 At Large Jan-11 Dec-12 At Large
Wandling, Timothy 2 At Large Jan-11 Dec-12 At Large
Sanderson, Kate 0 At Large Feb-12 Dec-13 At Large
Melton, Holly 7 At Large Feb-12 Dec-13 At Large
Bonilla, Taylor 0 At Large Aug-22 Dec-13 At Large
Jackson, Teresa 0 At Large Aug-22 Dec-13 At Large
Kane, Mike 0 At Large Aug-22 Dec-13 At Large
Vacant At Large Dec-12 At Large
Vacant At Large Dec-12 At Large
COPIES provided as follows:
. City Council Members
. All City Commission, Committee & Board Members
. Gabriel Gonzalez, City Manager
. Michelle Marchetta Kenyon, City Attorney
. Alexandra M. Barnhill, Assistant City Attorney
. Beth Lidster, Secretary II
. Carrie Willis, Administrative Assistant
. Eydie Tacata, Management Analyst for Bicycle Advisory Committee
. Linda Babonis, Economic Development Manager for Mobile Home Parks Rent Appeals Board
. Guy Miller, Recreation Services Manager for Cultural Arts Commission and Parks and Recreation
Commission & Parks
. Jessica Schieberl, Part-time Technical Advisor, for Senior Citizens Advisory Commission
. Marilyn Ponton, Planning and Building Manager and Suzie Azevedo, Community Development
Assistant, for Planning Commission
. Kathy Kelez, Part-time Technical Advisor for Sister Cities Relations Committee
Distribblted/Posted: 11/3/2011 (1) City Hall (2) Pblblic Saf-ety (3) Commblnity Center (4) Senior Center
(5) Performing .^.rts Center (6) Library (7) 'A'ebsite
Posted for in accordance with Gov't Code ~ 54970, et seq. (Maddy Act)
ITEM NO. 15
Mission Statement
"We Care for Our Residents by Working Together to Build a
Better Community for Today and Tomorrow. "
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: October 9, 2012
Depaliment: Administration
Submitted By: Gabriel A. Gonzalez, City Manager
Prepared By: John McAlihur, Director of Public Works and Community Services
Agenda Title: Consideration and approval of a lease agreement between the City of
Rohnert Park and Rohnert Park GolfLP (Courseco, Inc.) for the
Operation and Maintenance of the City's Two 18- Hole Golf Courses
(Foxtail Golf Course)
RECOMMENDED ACTION:
Adopt a Resolution Authorizing and Approving Foxtail Golf Course Lease Agreement By and
Between the City ofRohnert Park and Rohnert Park GolfLLP, a California Limited Partnership.
BACKGROUND:
On November 8,2011 the City Council directed the City Manager to renegotiate the terms of the
Lease Agreement with Rohnert Park Golf for the operation and maintenance of the City's two
golf courses. Since the original 2001 Lease Agreement has been amended multiple times in the
past, staff recommends creating a new lease rather than further amending the existing lease. This
approach will greatly help clarify the terms, conditions, and responsibilities of each party as well
as capture current standard contract and indemnification requirements.
In 2001, the City entered into a Lease Agreement with Rohnert Park Golf to operate and
maintain the City's two 18-hole golf courses located along Golf Course Drive; the lease was
amended in 2003 and again in 2005.
The original Lease Agreement terms were adopted in 2001 on a two-year interim basis. The
Base Rent (lease payment) was set at $200,000 per year for the first two years of the Agreement.
In 2003, the annual Base Rent increased to $350,000. This Base Rent was in effect for a five-
year period through 2008. Under the provisions of the original Lease Agreement, the Base Rent
was scheduled to increase every five years to a maximum amount of $450,000. There was also a
provision in the Agreement which stated that after reaching its maximum Base Rent, the lease
payment would shift to capture a percentage of golf course revenue (up to 20%) if it exceeded
the Base Rent.
In addition to rent payments, all operation and maintenance responsibilities (expenses) for the
two golf courses were assigned to the lessee. The lessee was also required to contribute 3% of
1
ITEM NO. 15
monthly golf course revenue into a tmst - the Capital Improvement Fund (CIF) - for golf course
capital improvements.
In 2003, the Lease Agreement was amended to include a one-time capital improvement fund
contribution of $355,000 from the City.
For a variety of reasons, the terms of the original Lease Agreement were not sustainable and
were thus renegotiated in 2005.
The 2005 amendment to the Agreement is the most recent on file and details the payment
schedule currently in use. The 2005 amendment requires Rohnert Park Golf to pay a gradually
escalating Base Rent ranging annually from $150,000 to $250,000. In 2005, the annual Base
Rent was $150,000, and under this most recent amendment, the annual Base Rent will increase to
$250,000 in 2025. The current (2011) annual Base Rent paid is $175,000. The 2005 amendment
also requires that in 2015, Rohnert Park Golf pay a percentage of revenue from the sale of
merchandise, concessions and golf fees in addition to the Base Rent. The terms of the second
amendment are effective through 2033.
Proposed Lease Agreement
The proposed Lease Agreement between the City ofRohneli Park and Rohneli Park Golf would
commence upon final execution with all payment terms retroactive to July 1, 2012 and would
supersede the terms of all prior amendments. In preparing this Lease Agreement, Staff has
reviewed and compared the terms of the City's Lease Agreement with other comparable
publicly-owned land and private golf course operators. The cities of He aIds burg, Ukiah and the
Town of Windsor have very similar public/private agreements but have implemented very
different provisions for collecting lease payments using a few basic mechanisms that are based
on a combination of rent and revenue.
Staff has determined that implementing a "combined approach" would be the most beneficial
option for the City because it would essentially utilize and combine the strengths of each of the
following mechanisms while reducing and/or eliminating the drawbacks. This can be
accomplished by utilizing a combination of the following principles:
. Flat-Base Rent - Each year, lessee pays the same amount of rent for use of the land
regardless of revenue/profits. This type of agreement is somewhat regressive and ignores
market trends. Over the long-term, this approach alone has proven to be unsustainable.
. Burden/Liability Shift - Shifts all operation, maintenance and improvements to the
lessee. There is significant value to this approach, but it overlooks revenue potential.
. Revenue Percent Share - The City receives a percentage of the profits - usually based
on gross sales. By itself, this is very risky and market-dependent.
. Combined Approach: A Lease Agreement that considers a combination of profit
sharing, base rent and shifting operations presents a mutually beneficial and sustainable
agreement for both Rohneli Park Golf and the City.
2
ITEM NO. 15
Through this general approach to stmcturing this lease agreement, Staff believes that the City
would realize increased revenue (rent). The new lease agreement accomplishes the following
objectives:
. Ensures that the City's two golf courses are maintained to optimum levels
. Maximizes direct revenue potential
. Realizes secondary revenue potential from successful golf course operations
. Ensures course operator (lessee) is successful and that the City shares in this
success
. Avoids establishing an Agreement that is regressive and inadvertently hindering
to the success of the two courses
. Creates a more balanced Agreement and will disperse the financial liability (risk)
. Considers but is not completely reliant on market conditions
GENERAL TERMS AND CONDITIONS:
Term
The term of the NEW Lease Agreement is 20 years with the option to renew/extend the term for
an additional ten years.
Performance Review
An annual performance review would be incorporated into the lease terms. This performance
review would require the City and Rohnert Park Golf to meet on at least an annual basis to
review financial information, analyze market trends, assess capital improvement needs, and
address other issues. The intent of the performance review is to maintain dialogue and prevent a
scenario where issues might go unaddressed.
Rent Payment
Total rent (i.e. Base Rent) payment shall be the sum of Cash Payment plus a mutually agreed
upon credit (Maintenance Credit) of $31,000 per year for assuming all maintenance
responsibilities of the 6.1 acres of turf and landscape area along Golf Course Drive. The rent
payment specified in the Lease Agreement consists of the following components:
. The Base Rent is $81,000 per year.
Rohneli Park Golf shall be credited $31,000 for assuming maintenance responsibilities of
adjacent propeliy along Golf Course Drive. The City currently maintains this area at a
significant cost. This is due to high mobilization costs for the City at this particular
location. The Tenant would be able perform this service at a lower cost. Rohnert Park
Golf would have much lower mobilization cost since they are currently maintaining (and
mobilized) in an adjacent parcel.
. Total annual cash payment paid by Rohnert Park Golf is $50,000:
Net Rent = BlIse Rent - Maintenance Credit
. Net Rent (cash payment) shall be adjusted annually using the San Francisco, Bay Area,
Oakland Consumer Price Index.
3
ITEM NO. 15
Maintenance Credit Provision
The new Lease Agreement states that the Golf Review Committee shall review and recommend
an adjustment to the Maintenance Credit every 4 years. This evaluation would reflect actual
maintenance costs and past financial performance.
Maintenance Credit Provision - Contingencies
Both parties have the right to terminate the Maintenance Credit provision. In this scenario, the
resulting outcome would be based on the paliy electing to terminate the provision:
- If the City elects to terminate the provision; Net Rent (cash payment) shall increase by
50% of the Maintenance Credit (50% of$31,000 or $15,500/year) or $65,500/year.
- If Rohnert Park Golf elects to terminate the provision; Net Rent increases by 100% of
Maintenance Credit or $81, OOO/year.
Capital Improvement Fund (CIF) Payment
Beginning on July 1, 2012, Rohnert Park Golf pays all contributions to the CIF as a percentage
of gross golf revenue. Currently, the City pays 2% of golf revenue to the CIF fi'om the General
Fund. The CIF payment schedule is as follows:
Year 1 and 2 1.0%
Year 3 2.0%
Year 4, and beyond 4.5%
Gross Revenue Sharing - Percentage Rent Payment
Rohnert Park Golf shall pay a percentage of rent based on the gross revenue (not profit) of the
following golf course functions: merchandise, food and beverage, and golf rounds (green fees).
Gross revenue sharing would also consist of the following policies:
. Revenue sharing applies and shall be payable by Rohnert Park Golf to the City when
revenue threshold tiers are reached.
. Revenue sharing is based on a three-tiered schedule.
. When gross Golf Revenue reaches the minimum levels specified in Tier 2, all gross
revenue thresholds may be adjusted by the CPI (see Table 1 below).
4
ITEM NO. 15
Table 1- Percenta2e Rent (Ouarterlv)
Gross Receipts Category
Applied to
Amounts
Percentage
Payment
Tier 1
Merchandise
Food & Beverage
Golf Rounds (green fees)
$50,000 - 56,249
$275,000 - 312,499
$525,000 - 562,499
2%
3%
5%
Tier 2
Merchandise
Food & Beverage
Golf Rounds (green fees)
Tier 3
Merchandise
Food & Beverage
Golf Rounds (green fees)
$56,250 - 62,499
$312,500 - 374,999
$562,500 - 662,499
3%
4%
5%
$62,500 and above
$375,000 and above
$662,500 and above
5%
5%
20%
Golf Review Committee
The proposed Lease Agreement calls for the formation of Golf Review Committee comprised of
City staff (designated by the City Manager) and the Tenant's representatives. The Golf Review
Committee would meet, at minimum, every six (6) months of the Lease year (June 30 and
December 30) for the purpose of examining the preceding qualiers and annual repOli of gross
receipts, and for a review of the inspections of the golf courses and related facilities regarding
any needed or necessary repairs or improvements. Within ten (10) working days following the
meeting of the Golf Review Committee, a report summarizing the findings or recommendations
of the Golf Review Committee shall be presented to the City Manager and to the City Council.
Additionally, within six (6) months of formal adoption of the Lease Agreement, Landlord shall
develop performance measurements and evaluation criteria to track the performance of golf
course operations. Performance measures would reflect financial growth, customer satisfaction,
improvements, maintenance, and other relevant measures and shall become the basis by which
the City may elect to exercise the ten (10) year extension of the tenn. Landlord shall seek input
from the Golf Review Committee prior to finalization of the Performance Measures.
Default and Termination
City has greater latitude to terminate the Agreement for nonpayment or failure to perform.
5
ITEM NO. 15
FISCAL IMPACT:
The proposed lease agreement would relieve the City of all capital improvement payments as
well as maintenance responsibilities for the 6+ acres of turf and landscaped area. In addition to
this substantial savings, the City would receive Base and Percent Rent payments as outlined
below:
Table 2 - Golf Course Proposed Financial Terms (projected)
4- Year
2012 ($/year) 2013 ($/year) 2014 ($/year) 2015 ($/year) Total
Base Rent 81,000 82,500 83,500 84,500 331,500
Maintenance Credit (31,000) (31,000) (31,000) (31,000) (124,000)
Net CIF Payment 25,000 27,000 27,000 90,000 169,000
Percentage Rent 12,000 30,000 30,000 30,000 102,000
NET PAYMENT 87.000 1 08.500 1 09 .500 173.500 478.500
Staff has performed an analysis including a comparison to other publicly owned and privately
operated courses. Specifically, staff reviewed the current lease agreements of the City of
Healdsburg, City ofUkiah, and Town of Windsor. Though these courses are not identical, they
are within the same market, and are comparable to the City's two 18-hole courses. The
following is a brief summary of the major financial terms of these comparable courses:
Regional Public Golf Course Agreements
Healdsbur2 Ukiah Windsor Rohnert Park
Term 35 Years 30 Years 30 Years 20 Years
Base Rent $1.00 $0.00 $0.00 $50.000 adjusted annually by CPI
Percent Rent of $0.00 6% gross revenue of 15% gross revenue of Paid by Lessee (3 Tiers) of
Gross Revenue Merchandise. Golf Cmi Green Fees and Golf Merchandise. Green Fees. and Food
Rentals. Food & Cart Rentals (Not & Beverage. Up to 20%
Beverage Food & Beverage)
City pays 6% gross Green
Fees to capital fund
Capital Course: Lessee City pays 6% of Gross Lessee Lessee: 1st 2 Yrs.: 1%: Yr. 3: 2%:
Improvements Buildings: City Revenue from Green Fees Yr. 4 & Beyond: 4.5%
contributes and Memberships
Utilities Lessee City pays 70% of Lessee Lessee
building pmver
City pays water
Maintenance Lessee Lessee: routine custodial Lessee Lessee
maintenance. interior
features
City: maintains grounds.
ancillary buildings
6
ITEM NO. 15
Department Head Approval Date: 10/4/12
City Manager Approval Date: 10/4/12
City Attorney Approval Date: 9/11/12
Attachments (list in packet assembly ordel):
1. Approving Resolution
2. Lease Agreement (Exhibit A attached to Resolution)
7
RESOLUTION NO. 2012-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING FOXTAIL GOLF COURSE LEASE AGREEMENT
BY AND BETWEEN THE CITY OF ROHNERT PARK AND
ROHNERT PARK GOLF LP, A CALIFORNIA LIMITED PARTNERSHIP
WHEREAS, the City of Rohneli Park ("City") owns that real property commonly known
as "Foxtail Golf Course" along with certain improvements located on the Foxtail Golf Course
(the "Premises"); and
WHEREAS, City wishes to have the Premises operated as a public golf course for the
benefit of the general public; and
WHEREAS, Rohnert Park Golf LP has the skills and experience to operate and maintain
a public golf course; and
WHEREAS, the City Council has determined, that entering into a Lease Agreement with
Rohnert Park LP would benefit the City and its citizens by facilitating the improvement,
operation, and maintenance of the Foxtail Golf Courses and related facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofRohnert
Park herby authorizes and approves that certain Lease Agreement between the City of Rohnert
Park and Rohnert Park GolfLP; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute that certain Lease Agreement in substantially similar form as attached hereto
as Exhibit "A" for and on behalf of the City of Rohnert.
DUL Y AND REGULARLY ADOPTED this 9th day of October, 2012.
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
AHANOTU:
BELFORTE:
AYES: (
CALLINAN: STAFFORD: MACKENZIE:
NOES: ( ) ABSENT: ( ) ABSTAIN: ( )
"Exhibit A"
AGR.E.EM.ENI
I RV #4817-4429-6207 v1 0
FOXTAIL GOLF COURSE LEASE
by and between
CITY OF ROHNERT PARK,
a California Municipal corporation
("Landlord")
and
ROHNERT PARK GOLF, LLP,
a California limited partnership
("Tenant")
TABLE OF CONTENTS
Page
BASIC INFORMATION....................................................................................... 1-A, 1-B
ARTICLE 1. BUILDING AND PROPERTY; GOLF REVIEW COMMITTEE .............1
1.1 Condition of Building and Site................................................................... 1
1.2 Lease of Site............................................................................................. 2
1.3 Golf Review Committee ............................................................................2
ARTICLE 2. TERM.................................................................................................. 3
2.1 ~~.........................................................................................................3
2.2 Commencement Date............................................................................... 3
2.3 Expiration Date......................................................................................... 3
2.4 Extension of Term..................................................................................... 3
ARTICLE 3. RENT................................................................................................... 3
3.1 Base Rent................................................................................................. 3
3.2 Maintenance Credit................................................................................... 4
3.3 Manner of Payment.................................................................................. 4
3.4 Percentage Rent....................................................................................... 5
3.5 Capital Improvement Fund........................................................................ 8
3.6 Driving Range Capital Improvement Fund Loan .......................................9
ARTICLE 4. TAXES AND ASSESSMENTS ............................................................9
4.1 Personal Property Taxes.......................................................................... 9
4.2 Statement Regarding Possessory Interest Taxes..................................... 9
4.3 Taxes........................................................................................................ 9
4.4 Tenant's Tax Liability Prorated................................................................. 9
ARTICLE 5. USE, CHARACTER, OPERATION AND MAINTENANCE
COVENANTS....................................................................................10
5.1 General................................................................................................... 10
5.2 Operating Covenant................................................................................ 10
5.3 General Use Prohibitions........................................................................ 10
5.4 Non-Discrimination................................................................................. 11
5.5 Rules....................................................................................................... 11
5.6 General Standards of Maintenance........................................................ 11
-I-
I RV #4817-4429-6207 v1 0
TABLE OF CONTENTS
( continued)
Page
Repairs, Construction of Improvements.................................................. 12
Utilities; Roads........................................................................................ 12
Pedestrian Warning Signs...................................................................... 12
Protection of Landlord............................................................................. 12
Liens and Stop Notices........................................................................... 12
PREV AI LI N G WAGES....................................................................... 13
OWNERSHIP OF IMPROVEMENTS AND PERSONAL
PROPERTy....................................................................................... 14
7.1 No Encumbrance .................................................................................... 14
7.2 Ownership upon Termination or Expiration............................................. 14
7.3 Removal and Ownership of Personal Property at Termination or
Expiration................................................................................................ 14
ARTICLE 8. SERViCES........................................................................................ 14
5.7
5.8
5.9
5.10
5.11
ARTICLE 6.
ARTICLE 7.
8.1 Services.................................................................................................. 14
8.2 Utility Easements.................................................................................... 15
ARTICLE 9. INSURANCE..................................................................................... 15
9.1 Insurance Provided................................................................................. 15
9.2 Tenant..................................................................................................... 15
9.3 General................................................................................................... 16
ARTICLE 10. INDEMNITY; LIABILITY EXEMPTION .............................................. 17
10.1 Indemnity................................................................................................ 17
10.2 Not A Construction Contract................................................................... 17
10.3 Exemption of Landlord from Liability....................................................... 17
ARTICLE 11. ENVIRONMENTAL MATTERS .........................................................18
11.1 Environmental Compliance .....................................................................18
11.2 Tenant's Indemnification......................................................................... 19
ARTICLE 12. DAMAGE OR DESTRUCTION.......................................................... 20
12.1 Restoration............................................................................................. 20
12.2 Procedures for Repair and Restoration................................................... 20
ARTICLE 13. CONDEMNATION............................................................................. 21
13.1 Definitions............................................................................................... 21
I RV #4817-4429-6207 v1 0
-11-
TABLE OF CONTENTS
( continued)
Page
13.2 Parties' Rights and Obligations to be Governed by Lease...................... 21
13.3 Total Condemnation............................................................................... 21
13.4 Effect of Partial Condemnation............................................................... 21
13.5 Restoration of Improvements.................................................................. 21
13.6 Award...................................................................................................... 22
ARTICLE 14. ASSIGNMENT AND SUBLETTING...................................................22
14.1 Landlord's Consent................................................................................. 22
ARTICLE 15. TENANT DEFAULTS AND LANDLORD'S REMEDIES..................... 22
15.1 Defaults by Tenant.................................................................................. 22
15.2 Remedies................................................................................................ 23
15.3 Damages................................................................................................ 24
15.4 Recapture of Site.................................................................................... 24
15.5 Cumulative.............................................................................................. 27
ARTICLE 16. M ISCELLAN EOUS ............................................................................ 27
16.1 Holding Over........................................................................................... 27
16.2 Attorneys' Fees....................................................................................... 27
16.3 Quiet Possession.................................................................................... 27
16.4 Effect of Lease on Original Lease, as Amended..................................... 28
16.5 Security Deposit...................................................................................... 28
16.6 Force Majeure......................................................................................... 28
16.7 Notices.................................................................................................... 28
16.8 Waiver..................................................................................................... 28
16.9 Surrender................................................................................................ 29
16.10 Binding on Successors and Assigns....................................................... 29
16.11 Landlord's Right to Enter Building and the Site....................................... 29
16.12 Disclaimer of Partnership........................................................................30
16.13 No Recordation....................................................................................... 30
16.14 Quitclaim................................................................................................. 30
16.15 Interpretation........................................................................................... 30
16.16 Severability............................................................................................. 30
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I RV #4817-4429-6207 v1 0
TABLE OF CONTENTS
( continued)
Page
16.17 Legal Advice........................................................................................... 30
16.18 Time of Essence..................................................................................... 30
16.19 Nonliability.............................................................................................. 30
16.20 Applicable Law........................................................................................ 31
16.21 Covenants and Conditions...................................................................... 31
16.22 Integration............................................................................................... 31
16.23 Amendments to this Lease .....................................................................31
16.24 Compliance With Laws........................................................................... 31
16.25 Commission............................................................................................ 31
16.26 Relocation Waiver................................................................................... 31
16.27 Estoppel Certificates............................................................................... 32
16.28 Counterparts........................................................................................... 32
LIST OF EXHIBITS
Exhibit A Property (Legal Description and Map)
Exhibit B Maintenance Credit area improvements
Exhibit C Golf Course Operations Specifications
Exhibit D Golf Course Maintenance Specifications
Exhibit E Golf Course Fees and Prices
-IV-
I RV #4817-4429-6207 v1 0
BASIC INFORMATION
The following Basic Information provides a brief synopsis of the critical terms of this
Lease and a reference for certain specific terms of this Lease. The Basic Information,
the Recitals below, and all exhibits attached hereto are incorporated into and made a
part of the following Lease. If there is any conflict between the Basic Information and
terms of the Lease, the terms of the Lease shall control.
1.
Landlord:
CITY OF ROHNERT PARK, a California Municipal corporation
130 Avram Avenue
Rohnert Park, CA 94928
2.
Tenant:
Notice: City Manager
Email: admin@rpcity.org
Telephone: (707) 588-2226
Facsimile: (707) 792-1876
Rohnert Park Golf, LLP,
a California Limited Partnership
P. O. Box 5668
Petaluma, CA 94955-5568
1670 Corporate Circle, Suite 201
Petaluma, CA 94954
Effective Date:
Notice: Tom Isaak
Email: courseco@courseco.com
Telephone: (707) 763-0335
Facsimile: (707) 763-8355
July 1, 2012.
3.
4.
Site:
That certain real property owned by Landlord legally
described in and depicted on Exhibit A, commonly known
and referred to as the Foxtail Golf Course in the City of
Rohnert Park, County of Sonoma, State of California,
together with the Landlord's improvements serving the golf
courses located thereon (excluding any pipes, utilities,
structures or other improvements servicing any property
other than the golf courses).
5.
Perm itted Use:
Operation of two 18 hole golf courses and related facilities,
as well as food and beverage service, banquets and
weddings.
6.
Term:
Twenty (20) years, commencing on the Effective Date of the
Lease and a ten (10) year extension option by Tenant as set
forth in Article 2.
IRV#4817-4429-6207 v10
1-A
7. Base Rent: As set forth in Article 3, $81,000 per year, adjusted by a
Maintenance Credit of $31 ,000 per year for a Net Base Rent
of $50,000 per year or $4,167 per month commencing on the
Effective Date. Both Landlord and Tenant have the right to
terminate the Maintenance Credit and the Base Rent will be
adjusted as set forth in Article 3. Base Rent may be
adjusted after each four (4) years of the Term by mutual
agreement.
8. Percentaqe Rent: In addition to the Base Rent, Tenant shall pay a percentage
of gross receipts on a quarterly basis (to be reconciled
annually), as defined in Section 3.5, pursuant to the
schedule as follows:
Gross Receipts
Cateqorv
Applied to
Amounts
Percentaqe
Payment
Tier 1
Merchandise Revenue
Food & Beverage Revenue
$50,000- 56,249
$275,000 - 312,499
$525,000 - 562,499
2%
3%
Golf Revenue
5%
Tier 2
Merchandise Revenue
Food & Beverage Revenue
$56,250 - 62,499
$312,500 - 374,999
$562,500 - 662,499
3%
4%
Golf Revenue
5%
Tier 3
Merchandise Revenue
$62,500 and above
5%
Food & Beverage Revenue
$375,000 and above
5%
Golf Revenue
$662,500 and above
20%
LANDLORD'S INITIALS
TENANT'S INITIALS
IRV#4817-4429-6207 v10
1-B
FOXTAIL GOLF COURSE LEASE
This Foxtail Golf Course Lease ("Lease") is made and entered into July 1, 2012
("Effective Date"), by and between the CITY OF ROHNERT PARK, a California
Municipal corporation ("Landlord" or "City"), and Rohnert Park Golf, LLP, a California
Limited Partnership ("Tenant").
I. RECITALS
A. Landlord owns that certain parcel of land located in the City of Rohnert
Park, County of Sonoma, State of California, as more particularly shown on Exhibit "A"
attached hereto and incorporated herein by reference (the "Foxtail" or "Site").
B. Landlord desires to facilitate the improvement, operation and maintenance
of Foxtail as a recreational amenity for residents of, and visitors to, Rohnert Park (the
"Project").
C. Whereas, Tenant and City are parties to that certain Ground Lease dated
as of May 29, 2001 ("Original Lease") and that certain First Amendment to Lease ("First
Amendment") dated August 12, 2003 and that certain Second Amendment to Lease
("Second Amendment") dated March 22, 2005 pursuant to which Tenant operates
public golf courses and related facilities at the Site.
D. The Rohnert Park City Council has determined that it is in the best
interests of the City, and for the common benefit of the citizens residing in the City, to
allow for the Project by entering into a new Lease of Foxtail to the Tenant.
E. Landlord and Tenant wish to enter into this Lease as the most expeditious
means for Landlord to satisfy its desire to improve, operate and maintain Foxtail as a
recreational opportunity for the residents and visitors of Rohnert Park.
F. Landlord desires to lease to Tenant, and Tenant desires to lease from
Landlord, Foxtail, all as further set forth herein.
II. AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and for other
good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, Landlord and Tenant hereby agree as follows.
ARTICLE 1. BUILDING AND PROPERTY; GOLF REVIEW COMMITTEE
1.1 Condition of Buildinq and Site.
1.1.1 AS IS. Foxtail, it's grounds, buildings and other improvements, is
being leased to Tenant in its current, existing, "AS IS" condition with no warranty
express or implied by Landlord regarding the presence of Hazardous Materials or the
condition of the soil, its geology, the presence of known or unknown seismic faults, or
IRV#4817-4429-6207 v10
1
the suitability of the Site for the Improvements. Tenant is familiar with the physical,
environmental, and legal condition thereof, and has had the opportunity to inspect and
re-inspect the same (as applicable) before execution of this Lease.
1.1.2 Environmental Conditions. Tenant acknowledges that it has been in
possession of the Site and familiar with the Site and that Landlord has provided Tenant
with copies of the reports on the condition of the Site known to the Landlord. Landlord
makes no representations or warranties with respect to the accuracy, completeness,
methodology of preparation or otherwise concerning the contents of any information or
reports made available to Tenant regarding any inspections, engineering, environmental
or other matters pertaining to the Site. Tenant acknowledges that Landlord has
requested that Tenant again inspect fully all portions of the Site and investigate all
matters relevant thereto and to rely solely upon the results of Tenant's own inspections
or other information obtained or otherwise available to Tenant, rather than any
information that may have been provided by Landlord to Tenant.
1.1.3 Release. Tenant hereby fully waives, releases, remises, acquits
and forever discharges Landlord and its officers, officials, agents, attorneys,
representatives, employees, volunteers, independent Tenants, invitees, customers,
licensees, assignees and subtenants, of and from any from all and any manner of
damages, costs, expenses (including attorneys' fees and costs), compensation, rights,
demands, liabilities, obligations, claims, fines, penalties, orders actions, or causes of
actions, in law or equity, of whatever kind or nature, whether known or unknown,
whether now existing or hereinafter arising (collectively, "Claims"), which arise from or
relate in any manner to the (i) Site, (ii) the physical and environmental conditions,
including the presence of Hazardous Materials (as defined in Section 12.1) of the
Building, the Site (including subsurface conditions), any portion thereof, or any
improvements thereon, except that with regard to the presence of Hazardous Materials,
the Site or any improvements thereon, Tenant shall not be responsible for conditions
that may have existed prior to May 30, 2001; and (iii) any Law applicable thereto. By
releasing and forever discharging claims both known and unknown which are related to
or which arise under or in connection with the items set out above, the Tenant expressly
waives any rights under California Civil Code section 1542, which provides:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at
the time of executing the release, which if known by him or her
must have materially affected his or her settlement with the
debtor. "
1.2 Lease of Site. Landlord hereby leases and demises to Tenant, and Tenant
herby leases and hires from Landlord, the Site, as of the Effective Date, for the Term
and upon the covenants and conditions set forth herein. Tenant's interest in the Site is
referred to herein as the "Leasehold Interest."
1.3 Golf Review Committee. To facilitate the efficient management and review
of the terms of this Lease and its ongoing requirements during the Term, Landlord and
IRV#4817-4429-6207 v10
2
Tenant agree to form a "Golf Review Committee." The Golf Review Committee shall
be composed of (1) from Tenant: the President and Chief Financial Officer, or
designees, and (2) from Landlord: the Finance Director, the Public Works Director, or as
designated by the City Manager. The Golf Review Committee shall meet, at minimum,
every six (6) months of the Lease year (June 30 and December 30) for the purpose of
examining the preceding quarters, and annual, report of Gross Receipts (commencing
Section 3.4), any adjustment to the Percentage Rent Schedules (Section 3.4.6),
together with a review of the inspections of the golf courses and related facilities for any
needed or necessary repairs or improvements. Within ten (10) working days following
the meeting of the Golf Review Committee, a report summarizing the findings or
recommendations of the Golf Review Committee shall be forwarded to the City Council
and City Manager of the City.
Within six (6) months of formal adoption by Landlord of this Lease agreement,
the Landlord shall develop performance measurements and evaluation criteria to track
the performance of golf course operations ("Performance Measurements").
Performance Measurements shall reflect financial growth, customer satisfaction,
improvements, maintenance, and other relevant measures and shall become the basis
by which the Landlord and the Tenant may elect to exercise the ten (10) year extension
of the term per Article 2. Prior to finalization of the Performance Measurements,
Landlord shall seek input from the Golf Review Committee.
ARTICLE 2. TERM
2.1 Term. The "Term" of this Lease shall be twenty (20) years.
2.2 Commencement Date. The Term shall commence on the Effective Date.
2.3 Expiration Date. The Term shall expire on that date which is one (1) day
before the twentieth (20) anniversary of the Effective Date ("Expiration Date").
2.4 Extension of Term. Landlord shall extend the Term of this Lease for ten (10)
years ("the Extended Term") provided that the Tenant is in reasonable compliance, as
determined by the Golf Review Committee, with the Performance Measurements
developed by the Landlord per section 1.3 and elects to exercise the extension. In no
event shall any extension commence if Tenant is in default under this Lease. Any
reference to Term in this Lease shall include the Extended Term as long as Landlord
and Tenant have agreed to an Extended Term.
2.4.1 Request for Extension. Tenant shall request the Extended Term by
giving written notice to Landlord no more than 12 months and no fewer than 6 months
prior to the expiration of the Term.
2.4.2 Conditions of Extended Term. The Extended Term shall be upon all
of the terms and conditions of this Lease, as may be modified by Landlord and Tenant.
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ARTICLE 3. RENT
3.1 Base Rent. The term "Rent" means the amounts identified in Basic
Information Section 7 ("Base Rent"). Tenant's obligation to pay Rent under this Lease
shall survive the Term to the extent any part of such obligation has not been fulfilled
during the Term. The Base Rent, less the maintenance credit, shall be adjusted at the
conclusion of each fiscal year in proportion to changes in the Consumer Price Index (All
Urban Consumers, San Francisco-Oakland-San Jose area; base years 1982-1984 =
100 published by the U.S. Dept. of Labor). After the second (2nd) Lease year, and
every 2 years thereafter, the Golf Review Committee shall review and recommend an
adjustment to the Base Rent based on the past financial performance as reflected in the
annual reports and audits. Any adjustment in rent, other than CPI changes per above,
shall be only by mutual agreement (Sections 3.4.4 and 3.4.5).
3.2 Maintenance Credit. Tenant shall be entitled to a credit in lieu of cash
against the Base Rent for the assumption of all maintenance responsibilities for that
approximately 6.1 acres of improved landscape area along Golf Course Drive.
Maintenance responsibilities shall include, but not be limited to, turf, shrubs, trees, and
irrigation system (including runoff control). Major infrastructure shall remain the
responsibility of the Landlord including irrigation and water main piping. After the fourth
(4th) Lease year, and every 4 years thereafter, the Golf Review Committee shall review
and recommend an adjustment to the Maintenance Credit. Review shall evaluate actual
maintenance costs and the Tenants past financial performance as reflected in the
annual reports, but such adjustment shall only occur upon mutual agreement of the
Landlord and Tenant. A map depiction of the maintenance area, together with a
schedule of maintenance duties and standards, in attached hereto as Exhibit B.
3.2.1 Termination of Maintenance Credit. Both Landlord and Tenant shall
have the right to terminate the Maintenance Credit. In the event Landlord elects to
terminate the Maintenance Credit, the Net Rent shall increase by 50% of the amount of
the Maintenance Credit, or, the sum $15,500 per year. In the event Tenant elects to
terminate the Maintenance Credit, the Maintenance Credit shall be eliminated and the
Tenant shall pay the Base Rent without deduction. At least sixty (60) days notice of an
election to terminate shall be provided to the other party.
3.3 Manner of Payment. All Rent under this Lease shall commence as of the
Commencement Date. Tenant shall pay to Landlord, at Landlord's address designated
in the Basic Information, or at such other address as Landlord may from time to time
designate in writing to Tenant for the payment of Rent, the Net Rent designated in Basic
Information, without notice, demand, offset or deduction, in advance, on the first day of
each month of the Term.
3.3.1 Late Charqe. If Tenant fails to pay any Rent within fifteen (15) days
after the date the same is due and payable, such unpaid amount will be subject to a late
payment charge equal to six percent (6%) of the unpaid amount in each instance;
provided, however, such late payment charge shall not be due in respect of the first
occurrence in any twelve (12) month period during the Term that would otherwise entitle
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the City to impose a late payment charge. The late payment charge has been agreed
upon by City and Tenant, after negotiation, as a reasonable estimate of the additional
administrative costs and detriment that City will incur as a result of any such failure by
Tenant, the actual costs thereof being extremely difficult if not impossible to determine.
The late payment charge constitutes liquidated damages to compensate City for its
damages resulting from such failure to pay and Tenant shall promptly pay such charge
to City together with such unpaid interest.
3.3.2 Default Interest. If any Rent is not paid within ten (10) days
following the due date, such unpaid amount shall bear interest from the due date until
paid at the legal interest rate. However, interest shall not be payable on late charges
incurred by Tenant nor on any amounts on which late charges are paid by Tenant to the
extent this interest would cause the total interest to be in excess of that which an
individual is lawfully permitted to charge. Payment of interest shall not excuse or cure
any default by Tenant.
3.3.3 Application of Payments. All payments received by Landlord from
Tenant shall be applied to the oldest obligation owed by Tenant to Landlord. No
designation by Tenant, either in a separate writing, on a check or money order, or
otherwise shall modify this Article 3 or have any force or effect.
3.4 Percentaqe Rent. As provided for in the Basic Information Section 8, in
addition to the Base Rent, Tenant shall pay to Landlord percentage rent based on the
following definitions:
3.4.1 Gross Receipts. As used herein below, the term "Gross Receipts"
means the entire gross receipts of all merchandise or services sold (including food
service, beverage service, facility rental, gift certificates or similar vouchers, vending
machines and the proceeds of business interruption insurance), leased, licensed or
delivered in or from the Premises and any Improvements by Tenant, or any person or
entity substantially controlled by Tenant ("Affiliate of Tenant"), or any of its or their
subtenants, licensees, or concessionaires, whether for cash or on credit (whether
collected or not), including the gross amount received by reason of orders taken on the
Premises and any Improvements although filled elsewhere, and whether made by store
personnel or vending machines. In addition to the forgoing, Gross Receipts shall
include, but not be limited to, the following:
A. "Golf Revenue" shall mean Gross Receipts derived from (i)
admission fees, entry fees, green fees, driving range fees, tournament fees, advance
booking fees, membership and club dues and other fees and dues of any kind (including
nonrefundable deposits), and (ii) rental fees for lockers, golf carts, golf clubs and other
golf equipment and supplies (without deduction for any rent, interest or other payments
made by Tenant, any Affiliate of Tenant, or any of its or their subtenants, licensees or
concessionaires, for any such golf carts, clubs, equipment or supplies which are subject
to equipment leases, installment sales contracts or other financing devices).
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B. "Food and Beverage Revenue" mean Gross Receipts derived from
the sale of all food and beverage items and services including catering, snack shop or
mobile snack carts, banquets (including all rental, food and beverage sales) and rental
of any or all facilities made by Tenant, any Affiliate of Tenant, or any of its or their
subtenants, licensees or concessionaires, for any such food and beverage items and
services.
C. "Golf Merchandise Revenue" shall mean all the entire Gross
Receipts of the sale of merchandise in the pro shop (golf clubs, bags, balls, gloves,
clothing and accessories, etc.). Any transaction made or fees paid on an installment
basis, including without limitation any "lay-away" sale, installment or deferred payments,
or like transactions, or any transaction otherwise involving the extension of credit, shall
be treated as a sale for the full price at the time of the transaction, irrespective of the
time of payment or when title passes. Credit card transactions shall include only the
actual amount received by Tenant from the credit card issuer.
3.4.2 Exclusions from Gross Receipts. Gross Receipts shall not include,
or if included there shall be deducted (but only to the extent they have been included),
the following:
(a) the selling price of all merchandise returned by customers
and accepted for full credit, or the amount of discounts, refunds, and allowances made
on such merchandise;
(b) merchandise returned to sources or transferred to another
store or warehouse owned by or affiliated with Tenant;
(c) sums and credits received in the settlement of claims for loss
or of damage to merchandise;
(d) the price allowed on all merchandise traded in by customers
for credit or the amount of credit for discounts and allowances made instead of
acceptance of merchandise;
(e) any sums paid to third parties excluding, without limitation,
any Affiliate of Tenant) for the use or rental of pay telephones, stamp machines, music
machines, amusement machines, or public toilet locks;
(f) any golf merchandise or services sold (including food service
or beverage service by way of gift certificates, or similar vouchers;
(g) sales and use taxes, so-called luxury taxes, consumers'
excise taxes, gross receipts taxes, and other similar taxes now or in the future imposed
on the sale of merchandise or services;
(h) sales of fixtures, trade fixtures or personal property that are
not merchandise as allowed in this Lease; and,
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(i) Amounts paid to lesson instructors for providing revenue-
producing lessons.
3.4.3 Payment. Percentage Rent shall be paid quarterly in arrears based
on Gross Receipts (defined in Section 3.4.1) during each applicable preceding quarter
(i.e. March 31, June 30, September 30 and December 31, whether or not consisting of a
three-month period). If, after the issuance of the reviewed statement of Gross Receipts
(referenced in Section 3.4.4) Tenant has paid to City Percentage Rent in an amount
greater than the Percentage Rent, as calculated on an annual basis, it is obligated to
pay for any quarter, then the excess amount shall be applied against the next
Percentage Rent due to City. If, after the issuance of the reviewed statement of Gross
Receipts (referenced in Section 3.4.4) Tenant has paid to City an amount of Percentage
Rent less than Tenant is required to pay on an annual basis, Tenant shall immediately
pay the difference to City, together with interest on such difference at the Default Rate,
which interest shall accrue from the due date of the last quarterly payment until such
difference is paid.
3.4.4 Reports. Tenant shall furnish to City a statement of Gross Receipts
within twenty (20) days after the end of each quarter, and an annual statement of Gross
Receipts within forty-five (45) days after the end of each fiscal year (i.e., June 30). The
statement of Gross Receipts shall include a designation of Golf Revenue, Food and
Beverage Revenue and Golf Merchandise Revenue, as well as a designation for all
other items deemed to be Gross Receipts pursuant to section 3.4.1. Such statement
shall be in a form acceptable to City. Each statement shall be signed and certified to be
correct by Tenant's general partner or, if Tenant's general partner is a corporation, by a
duly authorized officer of Tenant's general partner. In addition, each annual statement
shall be reviewed by an independent certified public accountant reasonably acceptable
to City. Tenant shall keep at the Site complete and accurate books of account, records,
cash receipts and other pertinent data, in accordance with good accounting practices
and in a form approved by City, showing its Gross Receipts, including without limitation,
accurate records of every sale and other transaction made from the Site and any
Improvements. Such books of account, records, cash receipts and other pertinent data
shall be kept for a period of ten (10) years after the end of each Lease Year. The
receipt by City of any statement, or any payment of Percentage Rent for any period,
shall not bind City as to the correctness of the statement or payment.
3.4.5 Inspection and Audit. City shall be entitled, at City's option, at any
time and from time to time during the Term, to inspect, examine, copy and audit
Tenant's books, records and cash receipts as related to Gross Receipts. The purpose
of such examination is to enable City to ascertain, clearly and accurately, Tenant's
Gross Receipts and to verify that the form and method of Tenant's record keeping
provide adequate and proper control and check of all such revenues. Tenant shall
cooperate fully with City and City's Agents in making the examination. City shall also be
entitled at City's option, once during each Lease year and once after the Expiration Date
or other termination of this Lease, to cause an independent audit of such records to be
performed by a certified public accountant designated by City. The audit shall be
conducted during usual business hours at the Site. If the audit shows that there is a
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deficiency in the payment of any Percentage Rent, then Tenant shall immediately upon
notice pay the deficiency to City, together with interest thereon at the Default Rate,
which interest shall accrue from the date on which such deficient amount would have
been due until such deficiency is paid. City shall pay the costs of the audit unless the
audit shows that Tenant understated Gross Receipts by more than two percent (2%) in
which case Tenant shall pay all City's costs of the audit. Tenant's understatement of
Gross Receipts for any Lease year by more than five percent (5%) due to Tenant's
gross negligence or willful misconduct shall constitute an default as defined in this
Lease.
3.4.6 Adiustment of Percentaqe Rent Schedules. Commencing in Lease
year three (3) and annually thereafter, the Percentage Rent Schedule amounts set forth
in Section 8 of the Basic Information may increase by the CPI (as referenced in Section
3.1) provided that the current year Gross Golf Revenues or the average of Gross Golf
Revenues for the preceding three (3) years exceeds the lowest of each of the amounts
reflected in Tier 2 of the Basic Information.
3.5 Capital Improvement Fund. As part of the Original Lease, as amended,
Landlord and Tenant established a Capital Improvement Fund ("CIF"). The purpose of
the CIF was, and is, to use the funds exclusively for capital additions to the Site or
repair and replacement of capital items, which are needed to be repaired. Pursuant to
the Original Lease, as amended, a Capital Improvement Plan was established by
Landlord and Tenant to guide expenditures of the CIF. Amendments to the Capital
Improvement Plan as well as expenditures shall be reviewed and approved by the Golf
Review Committee (Section 1.3).
On or before the twentieth (20th) day of each month, Tenant shall deposit into
the CIF, funds in the amounts as follows:
A. Tenant's Share = 2.5% of the Golf Revenues (Section 3.4.1 A) from
the preceding month.
B. Landlord's Share = 1.0% of the Golf Revenues (Section 3.4.1 A)
from the preceding month for years one (1) and two (2). Year three (3) and thereafter,
Landlords Share = 2.0% of the Golf Revenues.
During the first three (3) Lease years, Tenant shall only deposit the Landlords
Share. Commencing on the fourth Lease year, Tenant shall thereafter deposit both the
combined Tenant's and Landlord's Share.
CIF funds are to be held in trust for the benefit of the Landlord's interest in the
Site, including its reversionary interest in the Site upon termination of this Lease.
Interest earned on funds held in such account shall become part of the CIF, excluding
overpayments made by Tenant, and all amounts remaining in the CIF upon termination
of this Lease shall be remitted to Landlord. Any past, existing or future overpayment in
the amount of contribution made by Tenant to the Capital Improvement Fund shall be
available to Tenant to withdraw at tenant's discretion.
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3.6 Drivinq Ranqe Capital Improvement Fund Loan. The $355,000 loan made
by the City to the Capital Improvement Fund for the driving range was made in late
2003 and was scheduled to be paid off in ten years at 5% interest by the Fund. The
Fund has made all scheduled payments to date and the current outstanding balance as
of June 30, 2012 is $75,560.65. Landlord agrees to allow tenant to amortize the
remaining balance as of June 30, 2012 at the existing interest rate until June 30, 2017.
ARTICLE 4. TAXES AND ASSESSMENTS
4.1 Personal Property Taxes. Tenant shall pay before delinquency all taxes,
assessments, license fees and other charges levied and assessed against Tenant or
Landlord with respect to any Personal Property (defined in Section 7.3) ("Personal
Property Taxes") which may become payable during the Term or are attributable to
Tenant's use or occupancy of the Site. On demand by Landlord, Tenant shall furnish
Landlord with satisfactory evidence of these payments. Notwithstanding the foregoing,
Tenant shall have the right to contest the imposition or collection of any such Personal
Property Taxes, which Tenant reasonably believes, was improperly assessed or
calculated.
4.2 Statement Reqardinq Possessory Interest Taxes. This Lease creates a
possessory property interest in Tenant. Tenant acknowledges and agrees that Tenant's
leasehold and/or other property interests may be subject to property taxation, and
Tenant to the payment of property taxes levied on the interest. Such taxes are referred
to herein as "Possessory Interest Taxes," and shall be paid by Landlord during the
term of this Lease.
4.3 Taxes. Excepting any Possessory Interest Taxes as set forth in section 4.2,
Tenant shall pay all before delinquency taxes, impositions, general or special
assessment, surcharge, fee, levy, penalty, bond, or similar charge is levied on any
business conducted on the Site or any portion thereof) general and special taxes
including gross receipts tax, excise tax levied by any Taxing Authority (defined below)
including with respect to Landlord's receipt of Rent or ownership, management or
operation of the Site (collectively, "Taxes"), now or in the future levied and assessed
against the Site, or any improvements, any portion thereof, or any improvements
thereon by any authority having the power to tax, including any federal, state or county
government or any political subdivision thereof ("Taxing Authority"). In the event any
Personal Property Taxes, and other Taxes, as described in this Article 4 or any other
costs to be borne by or due from Tenant are not assessed or charged against the Site
separately from other Landlord-owned property, Landlord shall reasonably allocate such
on a pro-rata basis.
4.4 Tenant's Tax Liability Prorated. Tenant's liability to pay any Taxes and new
assessments shall be prorated on the basis of a 365-day year to account for any
fractional portion of a fiscal tax year included in the Term at its inception and expiration
or other termination in accordance with this Lease.
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ARTICLE 5. USE, CHARACTER, OPERATION AND MAINTENANCE COVENANTS
5.1 General. Tenant covenants and agrees on behalf of itself and its successors
and assigns that Tenant shall use and continuously operate the Site in conformance
with the Use as listed in the Basic Information ("Permitted Uses"). Tenant shall not
commit waste in the Site, any portion thereof, or any improvements thereon. Tenant's
failure to continuously operate Foxtail, pursuant to the Permitted Use, or failure to
comply with other provisions of this Article 5, shall constitute a material default under
this Lease.
5.1.1 Tenant's Responsibilities. Tenant, at its expense, will be
responsible for managing, operating, maintaining, marketing and conducting golf
related programs at Foxtail in a prudent and business-like manner and in accordance
with the Permitted Uses. Tenant's responsibilities and authority are also specified in
Exhibit C and Exhibit D.
5.2 Operatinq Covenant. Tenant acknowledges that continuous operation of
Foxtail is necessary for the use of the Site as an ideal location for golf recreational uses
and that Tenant's failure to open or remain open will be detrimental to both the image
and the economics of the Site, and this Lease.
5.2.1 Tenant shall keep Foxtail open to the public seven (7) days per
week, except as specified in Exhibit C.
5.2.2 For each day of operation, Foxtail must be open to the public during
the daylight hours each day.
5.2.3 Initial Golf Course Fees and Prices are as set forth in Exhibit E.
5.3 General Use Prohibitions. Tenant covenants and agrees that in connection
with the use and operation of the Site, and any portion thereof, Tenant will not:
5.3.1 Use or permit the use of any reasonably objectionable advertising
medium including any loudspeakers, phonographs, public address systems, sound
amplifiers, radio or broadcast within the Site in such manner that any sounds
reproduced, transmitted or produced shall be directed primarily beyond the Site
(provided, however, that nothing herein shall be deemed to prohibit the installation and
use of a public address system for golf events or security purposes; or
5.3.2 Permit undue accumulations of garbage, trash, rubbish or any other
refuse; or
5.3.3 Create, cause, maintain or permit any nuisance (as the same may
be defined by applicable Law) in, on or about the Site; or
5.3.4 Commit or suffer to be committed any waste in, on or about the Site;
or
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5.3.5 Use or allow the Site to be used for any unlawful purpose; or
5.3.6 Do or permit to be done anything which in any way unreasonably
disturbs the occupants of neighboring property; or
5.3.7 Cause or permit any insurance coverage on the improvements or
Site to become void or voidable or make it impossible to obtain any required insurance
at commercially reasonable rates; or
5.3.8 Intentionally cause or knowingly permit any material structural
damage to or deterioration of the Site, or improvements or any portion thereof, or to any
adjacent public or private property or improvements; or
5.3.9 Violate any law, ordinance or regulation (including the Rohnert Park
Municipal Code) applicable to the Site; or,
5.3.10 Any activities not appropriate to a first class golf course; or,
5.3.11 Activities prohibited by any permits and approvals issued by the
City of Rohnert Park; or,
5.3.12 Activities that are or would be in violation of any applicable use
restrictions imposed upon Landlord by any other agreement to which Landlord is a
party.
5.4 Non-Discrimination. Tenant covenants and agrees that there shall be no
discrimination against or segregation of any person or group of persons on account of
race, color, creed, religion, sex, marital status, sexual orientation, source of income,
age, physical or mental handicap, medical condition, national origin or ancestry in the
use, occupancy or enjoyment of the Site or any portion thereof.
5.5 Rules. Landlord reserves the right at any time to impose reasonable rules
and regulations as, in Landlord's judgment, may from time to time be necessary for the
operation, management, safety, care and cleanliness of the Site, any portion thereof, or
any improvements thereon, for the preservation of good order therein, or for the
convenience of other occupants and tenants of the Site, if any. Tenant shall abide by
any additional rules or regulations, which are ordered or requested by any governmental
or military authority. Tenant shall cooperate with Landlord to affect the intent of this
Section 5.5. Landlord shall not be responsible to Tenant or to any other person for the
non-observance, non-compliance, or violation of the foregoing by Tenant by any other
tenant, occupant, or other persons, or Landlord's failure to enforce, any of the foregoing,
or any other terms or provisions of any other tenant's or occupant's lease.
5.6 General Standards of Maintenance. Tenant covenants and agrees that it
shall maintain, or cause to be maintained, the Site, all portions thereof and all
improvements thereon in accordance with the standards contained in Exhibit D.
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5.7 Repairs, Construction of Improvements. Tenant shall be responsible to
perform all maintenance, repairs, construct, or reconstruct capital improvements. Any
repair or capital improvement over $15,000 will require the prior consent of the City,
which consent will not be unreasonably withheld.
5.8 Utilities: Roads. City shall be responsible for maintaining and repairing
access roads and sewer and water facilities providing sewer and water service to the
Site, except for access roads that are located on the Site and sewer and water facilities
that are solely or primarily for the benefit of the golf course operations.
5.9 Pedestrian Warninq Siqns. Tenant shall install appropriate signs at all
pedestrian entrances to the golf course warning all persons entering onto, and walking
on, the golf course, course paths, etc. to be aware for their care and safety during the
times of golf play and that severe injury may result from a lack of attention to their
personal safety. The location and wording of such signs shall be determined by the
Golf Review Committee.
5.10 Protection of Landlord. Nothing in this Lease shall be construed as
constituting the consent of Landlord, expressed or implied, to the performance of any
labor or the furnishing of any materials in connection with any construction by any
Tenant, subtenant, laborer or materialman, nor as giving Tenant or any other person
any right, power or authority to act as agent of, or to contract for or permit the rendering
of any services, or the furnishing of any materials, in such manner as would give rise to
the filing of mechanics' liens or other claims against the Site, the Building, the
Improvements, any portion thereof, or any improvements thereon. Landlord shall have
the right at all reasonable times to post, and keep posted, on the Site, the
Improvements, any portion thereof, or any improvements thereon, any notices which
Landlord may reasonably deem necessary for the protection of Landlord and of such
property and improvements from mechanics' liens or other claims. Tenant shall give
Landlord 10 days' prior written notice of the commencement of any construction to be
done to enable Landlord to post such notices. In addition, Landlord may in its
reasonable discretion require Tenant to furnish to Landlord at Tenant's expense
reasonable improvement security, including completion and labor and materials bonds,
prior to commencement of any such construction. Tenant shall make, or cause to be
made, prompt payment of all monies due and legally owing to all persons doing any
construction or furnishing any materials or supplies to Tenant or any of its Tenants or
subtenants in connection therewith.
5.11 Liens and Stop Notices. Tenant shall keep the Site, the Improvements, any
portion thereof, and any improvements thereon, free and clear of all stop notices,
mechanics' liens, and other liens on account of any construction performed by or on
behalf of Tenant or persons claiming under Tenant. Tenant agrees to and shall
indemnify and save Landlord harmless against any and all liability, loss, damages,
costs, attorneys' fees, and all other expenses on account of claims of lien of laborers or
materialmen or others for construction performed by or on behalf of Tenant or materials
or supplies furnished to Tenant or persons claiming under Tenant. If a claim of a lien or
stop notice is given or recorded affecting the Site, the Improvements, any portion
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thereof, or any improvements thereon, Tenant shall within thirty (30) days of such
recording or service: (a) pay and discharge the same; (b) effect the release thereof by
recording and delivering to Landlord a surety bond described in California Civil Code
Section 3143, or successor statute in sufficient form and amount which results in the
removal of such lien from the Building, the Site, the Improvements, all portions thereof,
and all improvements thereon; or (c) otherwise obtain or effect the release thereof.
Should any claims of lien be filed against the Building, the Site, the Improvements, any
portion thereof, or any improvements thereon, or any action be commenced affecting
the title to such property, the party receiving notice of such lien or action shall forthwith
give the other party written notice thereof.
ARTICLE 6. PREVAILING WAGES.
Tenant acknowledges and agrees that any construction or alterations made by or
on behalf of Tenant to the Site, Improvements, any portion thereof, or any
improvements thereon ("Improvement Work"), whether paid for in whole or part by
Landlord or which are considered to have been paid for in whole or part by Landlord
(e.g. which become Landlord's property upon the expiration or other termination of this
Lease), will constitute "construction, alteration, demolition, installation, or repair work
done under contract and paid for in whole or in part out of public funds...." California
Labor Code Section 1720. Accordingly, except as to Tenant's employees, Tenant shall
comply with applicable prevailing wage policies as set forth in the City of ROHNERT
PARK Municipal Code, applicable California Labor Code requirements pertaining to
"public works" (California Labor Code Section 1720 et seq., as amended from time to
time and implementing regulations), the Davis-Bacon Act (sec. 1-7, 46 Stat. 1949, as
amended; Pub. L. 74-403, 40 U.S.C. 276a-276a-7, as amended from time to time and
implementing regulations), and other applicable Laws addressing the payment of
prevailing wages in connection with any Improvement Work (collectively, "Prevailing
Wage Laws"). Tenant shall require the general contractor for any Improvement Work to
submit, upon request by Landlord, certified copies of payroll records to Landlord and to
maintain and make records available to Landlord and its designees for inspection and
copying to ensure compliance with Prevailing Wage Laws. Tenant shall also include in
its general Tenant agreement, and in all of its subleases and other contracts, a
provision in a form acceptable to Landlord which obligates the general Tenant and
others as applicable, (a) to comply with, and to require that their respective subtenants,
Tenants and/or subtenants comply with, Prevailing Wage Laws, and (b) upon request
by Landlord to submit certified copies of payroll records to Landlord and to maintain and
make such payroll records available to Landlord and its designees for inspection and
copying during regular business hours at the Site or at another location within the City of
Rohnert Park. Tenant shall defend, indemnify and hold harmless Landlord and its
officers, officials, employees, volunteers, agents and representatives (collectively,
"Indemnitees") from and against any and all Claims arising out of or in any way
connected with Tenant's obligation to comply with all Laws with respect to any
Improvement Work and/or Prevailing Wage Laws, including all Claims that may be
made by Tenants, subtenants or other third party claimants pursuant to Labor Code
Section 1726. Tenant hereby waives, releases and discharges forever the Indemnitees
from any and all present and future Claims arising out of or in any way connected with
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Tenant's obligation to comply with all Laws with respect to the Improvement Work and
Prevailing Wage Laws.
ARTICLE 7. OWNERSHIP OF IMPROVEMENTS AND PERSONAL PROPERTY
7.1 No Encumbrance. Tenant further agrees not to encumber, promise to
encumber, or otherwise enter into a contract to encumber, the Site or the Improvements
in any manner that would impair Landlord's rights, in, to, or ownership thereof as
contemplated under Section 7.2.
7.2 Ownership upon Termination or Expiration. Upon the expiration or other
termination of this Lease for any reason, or upon foreclosure of Tenant's Leasehold
Interest (including transfer of Tenant's Leasehold Interest via any instrument of
assignment or transfer in lieu of the foreclosure), the Improvements, and all other
improvements on the Site, shall, without compensation to Tenant, become Landlord's
property (broom clean and in good condition and repair, reasonable wear and tear
excepted) free and clear of all claims to or against them by Tenant or any third person.
7.3 Removal and Ownership of Personal Property at Termination or Expiration.
"Personal Property" means personal property owned or used by Tenant or any of
Tenant's Parties on or about the Site, any portion thereof, or any improvements thereon,
together with any Trade Fixtures. "Tenant's Parties" means, individually and
collectively, Tenant's officers, officials, agents, representatives, employees, volunteers,
independent Tenants, invitees, customers, licensees, assignees, and subtenants.
7.3.1 During Term. Any Personal Property that may be removed without
damage to the structural integrity of the Site or the Improvements may be removed by
Tenant from time to time during the Term. Tenant shall repair all damage caused by
any such removal.
ARTICLE 8. SERVICES
8.1 Services. After the Effective date Tenant, at Tenant's sole cost and
expense, shall be responsible and directly contract and pay for any and all utilities and
services required or desired by Tenant in connection with its use or occupancy of the
Site, or any portion thereof, or any other improvements, including telephone, computers
and cable lines, wiring, materials, security, heat, air conditioning, gas, water sewer,
electricity, refuse, sewage, garbage, pest control services, and any other utilities,
materials, or services supplied to or serving the Site, or any portion thereof, or any other
improvements now or in the future located thereon (including any construction), together
with any repair, installation, maintenance thereof, and infrastructure therefor to the
extent located on the Site ("Services"). Tenant shall hold Landlord harmless from and
against any and all demands, liability, claims, actions and damages to any person or
property, costs and expenses, including reasonable attorneys' fees, arising out of or
connected with the provision and payment of the Services supplied to or serving the
Site, any portion thereof, or any improvements thereon. Tenant, at its expense, shall
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comply with federal, state, or local governmental controls, rules, regulations, or
restrictions on the use or consumption of Services during the Term.
8.2 Utility Easements. Tenant shall permit any authorized public agency or
public utility company, with the approval of Landlord, and/or shall grant to Landlord such
easements over Tenant's interest in the Site, any portion thereof, or any improvements
thereon, as applicable, as are required for the installation, existence, maintenance, and
operation of Services.
ARTICLE 9. INSURANCE
9.1 Insurance Provided. Following the Effective Date, Tenant shall provide the
following forms and amounts of insurance. Such insurance shall be primary to and not
contributing with any other insurance, self-insurance or joint self-insurance maintained
by Landlord and shall name the Landlord as an additional insured.
9.2 Tenant. Tenant shall, at Tenant's expense, obtain and keep in force at all
times during the Term the following "Tenant's Insurance," and shall be liable for all
premiums, deductibles, and self-insured amounts, if any, in connection therewith.
Tenant's Insurance shall not have a deductible amount exceeding Five Thousand
Dollars ($5,000).
9.2.1 Commercial General Liability Insurance. A policy of commercial
general liability insurance (occurrence form) having a combined single limit of not less
than Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars
($5,000,000) annual aggregate, providing coverage for, among other things, blanket
contractual liability (including Tenant's indemnification obligations under this Lease),
premises liability, products and completed operations liability, owner's protective
coverage, broad form property damage, and bodily injury (including wrongful death) and
advertising injury coverage. If necessary, Tenant shall provide for restoration of the
aggregate limit.
9.2.2 Workers' Compensation and Employer's Liability Insurance.
Workers' compensation insurance, if required by Law, which complies with all applicable
state statutes and regulatory requirements, and employer's liability insurance coverage
in statutory amounts.
9.2.3 Site Insurance. "All risk" property insurance including fire and
extended coverage, sprinkler leakage, vandalism and malicious mischief coverage,
covering damage to or loss to the Site, any portion thereof, or any improvements
thereon (together with, if the property of Tenant's Parties is to be kept in the or about
the foregoing, warehouser's legal liability or bailee customers insurance property
belonging to Tenant's Parties and located in or about the foregoing), in an amount not
less than the full replacement cost thereof. In the event that there shall be a dispute as
to the amount, which comprises full replacement cost, the decision of Landlord or the
mortgagees of Landlord shall be presumptive.
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9.2.4 Other Insurance. Any other form or forms of insurance as Landlord
or the mortgagees of Landlord may reasonably require from time to time, in form,
amounts and for insurance risks against which a prudent tenant would protect itself, but
only to the extent such risks and amounts are available in the insurance market at
commercially reasonable costs.
9.3 General.
9.3.1 Insurance Companies. Tenant's Insurance shall be written by
companies licensed to do business in California and having a "General Policyholders
Rating" of at least A VII (or such higher rating as may be required by a lender having a
lien on the Leasehold Interest) as set forth in the most current issue of "Best's Insurance
Guide."
9.3.2 Certificates of Insurance. Tenant shall deliver to Landlord
certificates of insurance for Tenant's Insurance, in the form of the ACORD standard
certificate of insurance, prior to the Commencement Date. Tenant shall, at least thirty
(30) days prior to expiration of the policy, furnish Landlord with certificates of renewal or
"binders" thereof. Each certificate shall expressly provide that such policies shall not be
cancelable or otherwise subject to modification except after thirty (30) days' prior written
notice to the parties named as additional insureds as required in this Lease. If Tenant
fails to maintain any insurance required in this Lease, Tenant shall be liable for all
losses and costs resulting from said failure.
9.3.3 Additional Insureds. Landlord, its elected officials, officers,
employees, volunteers, lenders, agents, representatives, Tenants and each of their
successors and assigns shall be named as additional insureds on the commercial
general liability policy required by this Lease. An additional insured endorsement
naming such parties as additional insured(s) shall be attached to the certificate of
Insurance.
9.3.4 Primary Coveraqe. Tenant's Insurance shall be pnmary, without
right of contribution from any Landlord's Insurance.
9.3.5 Umbrella/Excess Insurance. Any umbrella liability policy or excess
liability policy shall provide that if the underlying aggregate is exhausted, the excess
coverage will drop down as primary insurance. The limits of Tenant's Insurance shall
not limit Tenant's liability under this Lease.
9.3.6 Waiver of Subroqation. Tenant waives any right to recover against
Landlord for claims for damages to Tenant's Personal Property to the extent covered (or
required by this Lease to be covered) by Tenant's Insurance. This provision is intended
to waive fully, and for the benefit of Landlord, any rights and/or claims which might give
rise to a right of subrogation in favor of any insurance carrier. The coverage obtained
by Tenant pursuant to this Lease shall include a waiver of subrogation endorsement
attached to the certificate of insurance.
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9.3.7 Notification of Incidents. Tenant shall notify Landlord within twenty-
four (24) hours after the occurrence of any accident or incident on or about the Building,
the Improvements, the Site, any portion thereof, or any improvements thereon which
could give rise to a claim against Landlord, Landlord's Insurance, Tenant, or Tenant's
Insurance, except that Tenant shall not be obligated to give Landlord notice of any
accident or incident which could give rise to a claim under Tenant's workers'
compensation insurance. Tenant's notice shall be accompanied by a copy of any
report(s) relating to the accident or incident.
ARTICLE 10. INDEMNITY; LIABILITY EXEMPTION
10.1 Indemnity. Except to the extent claims are caused by Landlord's sole
negligence or willful misconduct, Tenant shall indemnify, protect, defend, and hold
harmless Landlord and its elected officials, officers, employees, volunteers, lenders,
agents, representatives, Tenants and each of their successors and assigns from and
against any and all claims, judgments, causes of action, damages, penalties, costs,
liabilities, and expenses, including all costs, attorneys' fees, expenses and liabilities
incurred in the defense of any such claim or any action or proceeding brought thereon,
arising at any time during or after the Term as a result (directly or indirectly) of or in
connection with (a) any Tenant default under this Lease (including in the performance or
non-performance of any obligation on Tenant's part to be performed under the terms of
this Lease); (b) Tenant's performance of the work of Improvements (including design,
development, and construction) (c) Tenant's or Tenant's Parties use of the Site, any
portion thereof, or any improvements thereon, the conduct of Tenant's business or any
activity, work or thing done, permitted or suffered by Tenant or Tenant's Parties in or
about the Site or any portion thereof, or any improvements thereon, except that with
regard to the presence of Hazardous Materials, the Site or any improvements thereon,
Tenant shall not be responsible for conditions that may have existed prior to May 30,
2001,; (d) any act, error or omission of Tenant or Tenant's Parties in or about the
Building, the Site, Improvements, any portion thereof, or any improvements thereon; (e)
loss of, injury or damage to, or description of property (including merchandise or
inventory), including loss of use resulting from such loss, injury, damage, or destruction;
or (f) any resulting economic loss, consequential damages, or exemplary damages
(collectively, "Indemnification"). Tenant shall provide such Indemnification by and
through counsel reasonably acceptable to Landlord. The obligations of Tenant under
this Section 10.1 shall survive the expiration or other termination of this Lease with
respect to any claims or liability arising prior to such expiration or other termination.
10.2 Not A Construction Contract. This Lease is not intended nor shall it be
construed to be a construction contract. To the extent this Lease is construed by a
court of law to be a construction contract, all indemnity obligations construed to be
related to construction contracts shall be read as if including the carve out "except to the
extent claims are caused by the sole or active negligence or willful misconduct of the
indemnified party."
10.3 Exemption of Landlord from Liability. Tenant, as a material part of the
consideration to Landlord, hereby assumes all risk of damage to property (including the
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Personal Property, the Improvements, the Site, any portion thereof and any
improvements thereon), and injury to or death of persons in, upon or about Personal
Property, the Improvements, the Site, any portion thereof, or any improvements
thereon, arising from any cause, and Tenant hereby waives all claims in respect thereof
against Landlord, except to the extent such claims are caused by Landlord's sole
negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable
for injury to Tenant's business or any loss of income therefrom or for damage to the
Personal Property, or injury to or death of Tenant, Tenant's Parties or any other person
in or about the Improvements, the Site, any portion thereof, or any improvements
thereon, whether such damage or injury is caused by fire, steam, electricity, gas, water
or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances,
plumbing, air conditioning or lighting fixtures, or from any other cause, whether said
damage or injury results from conditions arising within or about the Personal Property,
the Building, Improvements, the Site, any portion thereof, or any improvements thereon
or from other sources or places, and regardless of whether the cause of such damage
or injury or the means of repairing the same is inaccessible to Tenant, except damage
or injury caused solely by Landlord's sole negligence or willful misconduct. Landlord
shall not be liable for any damages arising from any act or neglect of any other tenant or
occupant, if any, of the Personal Property, the Improvements, the Site, any portion
thereof, or any improvements thereon, or Landlord's failure to enforce the terms of any
agreements with parties other than Tenant.
ARTICLE 11. ENVIRONMENTAL MATTERS
11.1 Environmental Compliance. Neither Tenant nor any of Tenant's Parties
shall use, handle, store, transport, treat, generate, release or dispose of any Hazardous
Materials anywhere in, on, under or about the Personal Property, the Site,
Improvements, any portion thereof, or any improvements thereon. Notwithstanding the
foregoing, Tenant may use, handle, store, transport, treat, generate, release or dispose
of any Hazardous Materials in such limited amounts as are customarily used for general
office purposes (such as copy toner and supplies) or for maintenance, equipment and
supplies for power golf carts, so long as Tenant is at all times in full compliance with all
applicable environmental laws and further provided that Tenant may use and store
quantities of pesticides and herbicides customarily used in connection with the
maintenance and operation of golf courses. Tenant shall cause any and all Hazardous
Materials (defined below) brought onto, used, generated, handled, treated, stored,
released or discharged on or under the Personal Property, the Site, the Building,
Improvements, any portion thereof, or any improvements thereon to be removed
therefrom and transported for disposal in accordance with applicable Laws, including
Hazardous Materials Laws (defined below). Landlord shall have the right to enter the
Personal Property, the Site, Improvements, any portion thereof, or any improvements
thereon from time to time to conduct tests, inspections and surveys concerning
Hazardous Materials and to monitor Tenant's compliance with its obligations concerning
Hazardous Materials and Hazard Materials Laws. Tenant shall immediately notify
Landlord in writing of: (a) any release or discharge of any Hazardous Material; (b) any
voluntary clean-up or removal action instituted or proposed by Tenant, (c) any
enforcement, clean-up, removal or other governmental or regulatory action instituted or
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threatened, or (d) any claim made or threatened by any person against Landlord,
Tenant, the Personal Property, the Site, Improvements, the Building, any portion
thereof, or any improvements thereon relating to Hazardous Materials or Hazardous
Materials Laws. Tenant shall also supply to Landlord as promptly as possible, and in
any event within five (5) business days after Tenant receives or sends same, copies of
all claims, reports, complaints, notices, warnings or asserted violations relating in any
way to the Personal Property, the Site, Improvements, the Building, any portion thereof,
or any improvements thereon or Tenant's use thereof and concerning Hazardous
Materials or Hazardous Materials Laws. In the event Tenant institutes a cleanup or
removal action, Tenant shall provide copies of all work plans and subsequent reports
submitted to the governmental agency with jurisdiction to Landlord in a timely manner.
"Hazardous Materials Laws" means all laws, codes, rules, orders, ordinances,
directives, regulations, permits, or other requirements of federal, state, county,
municipal or governmental authorities having jurisdiction, now in force or which may
hereafter be in force concerning the management, use, generation, storage,
transportation, presence, discharge or disposal of Hazardous Materials. "Hazardous
Materials" means any and all pollutants, wastes, flammables, explosives, radioactive
materials, hazardous or toxic materials, hazardous or toxic wastes, hazardous or toxic
substances, carcinogenic materials or contaminants and all other materials governed,
monitored, or regulated by any Federal, State or local Law or regulation, including the
Comprehensive Environmental Response, Compensation and Liability Act, the
Hazardous Substances Account Act, and/or the Resources Conservation and Recovery
Act, together with asbestos, asbestos-containing materials, hydrocarbons,
polychlorinated biphenyl ("PCB") or PCB-containing materials, petroleum, gasoline,
petroleum products, crude oil or any fraction, product or by product thereof.
11.2 Tenant's Indemnification. Except to the extent caused by Landlord's sole
negligence or willful misconduct or except with regard to the presence of Hazardous
Materials on the Site prior to May 30, 2001" Tenant shall indemnify, defend and hold
Landlord harmless from any claims, causes of action, liabilities, losses, damages,
injunctions, suits, fines, penalties, costs or expenses (including attorneys' fees and
expenses and consultant fees and expenses) caused or alleged to have been caused
by the presence of Hazardous Materials in, on, under, about, or emanating from the
Personal Property, the Building, Improvements, the Site, any portion thereof, or any
improvements thereon, including any bodily injury, death, property damage, natural
resource damage, decrease in value of the Site, the Building, Improvements, any
portion thereof, or any improvements thereon, caused or alleged to have been caused
by Tenant or Tenant's Parties' use, storage, handling, treatment, generation, presence,
discharge or release of Hazardous Materials in violation of Tenant's obligations under
this Lease, whether such claims, causes of action or liabilities are first asserted during
the Term or thereafter, and including claims made against Landlord with respect to
bodily injury, death or property damage sustained by third parties caused or alleged to
have been caused by Tenant or Tenant's Parties' use, storage, handling, treatment,
generation, presence, discharge or release of Hazardous Materials.
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ARTICLE 12. DAMAGE OR DESTRUCTION
12.1 Restoration.
12.1.1 Insured Damaqe. No loss or damage by fire or any other cause
resulting in either partial or total destruction of the Building, Improvements, the Site, any
portion thereof, or any improvements thereon, shall (except as otherwise provided in
Section 12.1.2, below) operate to terminate this Lease or to relieve or discharge Tenant
from the payment of any Rent, or other amounts payable hereunder, as and when they
become due and payable, or from the performance and observance of any of the
agreements, covenants and conditions herein contained to be performed and observed
by Tenant. Tenant covenants to repair, reconstruct, and/or replace or cause to be
repaired, reconstructed and/or replaced the Site, any portion thereof, and any
improvements thereon, including any Personal Property owned by Tenant and used or
intended to be used in connection with the Site, so damaged or destroyed. Tenant also
covenants that all insurance proceeds will be applied to the repair, reconstruction and/or
replacement described herein. Tenant's failure to make such full repair, restoration and
replacement under any conditions in which it was elected or required so to do shall
constitute a default by Tenant under this Lease.
12.1.2 Uninsured Damaqe. Notwithstanding the provisions of Section
12.1.1, if, during the Term, (i) the Site or Improvements are totally destroyed or
rendered inaccessible or if the remaining portion of the Site or Improvements is
rendered unsuitable (as defined herein) for Tenant's continued use, from a risk not
covered ninety percent (90%) by the insurance required to be carried by Tenant under
this Lease, and (ii) the cost of restoration exceeds fifty percent (50%) of the
replacement cost of the Building or Improvements immediately before the damage or
destruction, then either Landlord or Tenant may elect to terminate this Lease by giving
notice to the other party within thirty (30) days after Landlord's determination of the
restoration cost and replacement value. The Improvements shall be deemed unsuitable
for Tenant's continued use if, following a reasonable amount of reconstruction and
allowing a reasonable time for resuming operations, Tenant's business in the Site or
Improvements could not be operated at an economic level substantially equivalent to
the economic level at which Tenant's business was operating before the damage
occurred and the decline in such economic level is directly attributable to the damage.
12.2 Procedures for Repair and Restoration. In the event of any damage or
destruction, Tenant shall promptly give Landlord written notice of such damage or
destruction and the date on which such damage or destruction occurred. Tenant shall
promptly make proof of loss and shall proceed promptly to collect, or cause to be
collected, all valid claims which Tenant may have against insurers or others based upon
any such damage or destruction. Except as otherwise provided above, amounts
received on account of any losses pursuant to insurance policies shall be used and
expended for the purpose of fully repairing or reconstructing the portions of the Building
or Improvements which has been destroyed or damaged.
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ARTICLE 13. CONDEMNATION
13.1 Definitions. "Condemnation" means: (a) the exercise of any governmental
power in eminent domain, whether by legal proceedings or otherwise, by a condemnor,
and (b) a voluntary sale or transfer to any condemnor, either under threat of
condemnation or while legal proceedings for condemnation are pending. "Date of
Taking" means the date the condemnor has the right to possession of the property
being condemned. "Award" means all compensation, sums or anything of value
awarded, paid or received on a total or partial condemnation. "Condemnor" means any
public or quasi public authority, or private corporation or individual, having the power of
condem nation.
13.2 Parties' Riqhts and Obliqations to be Governed by Lease. If during the
Term there is any Condemnation of all or any part of the Site, the Improvements, or any
other improvements now or hereafter located on the Site, including any Personal
Property owned by Tenant and used or intended to be used in connection with the Site,
Improvements or the Building, or any interest in this Lease, the rights and obligations of
the parties shall be determined pursuant to the provisions of this Section 13.2. Each
party waives the provisions of the Code of Civil Procedure Section 1265.130 allowing
either party to petition the Superior Court of the County of Sonoma State of California to
terminate this Lease in the event of a partial taking or Condemnation of the Site.
13.3 Total Condemnation. If the entirety of the Site and/or the entirety of the
Building or Improvements is totally taken by Condemnation, this Lease shall terminate
on the Date of Taking.
13.4 Effect of Partial Condemnation. If a portion of the Improvements or Site are
taken by condemnation, this Lease shall remain in effect, except that Tenant may elect
to terminate this Lease if the remaining portion of the Site, Improvements or Building is
rendered unsuitable (as defined herein) for Tenant's continued use. The remaining
portion of the Building, Improvements or the Site shall be deemed unsuitable for
Tenant's continued use if, following a reasonable amount of reconstruction and allowing
a reasonable time for resuming operations, Tenant's business in the Improvements
could not be operated at an economic level substantially equivalent to the economic
level at which Tenant's business was operating before the damage occurred and the
decline in such economic level is directly attributable to the damage. Tenant must
exercise its right to terminate by giving Landlord written notice of its election within 90
days after the nature and extent of the taking have been finally determ ined. Such notice
shall also specify the date of termination, which shall not be prior to the Date of Taking.
Failure to properly exercise the election provided for in this Section 13.4 will result in
this Lease continuing in full force and effect.
13.5 Restoration of Improvements. If in Tenant's and Landlord's judgment it is
reasonably possible and economically feasible to restore the Improvements, Tenant
shall be entitled to use that portion of the Award allocable to the Improvements (but not
any portion allocable to the Site) as is necessary to restore or to add on to the
Improvements so that the area and approximate layout of the Improvements will be
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substantially the same after the Date of Taking as it was before the Date of Taking. If it
is not reasonably possible and econom ically feasible to so restore the area and layout
of the Improvements, the remaining provisions of this Article 13 shall govern the rights
of the parties.
13.6 Award. If the Site, any portion thereof, or any improvements thereon are
taken in connection with a Condemnation, that portion of the Award allocable thereto
shall belong to Landlord. Tenant shall be entitled to receive: (a) the value of any
leasehold improvements, merchandise, and Personal Property owned by Tenant taken
in connection with such Condemnation, (b) loss of Tenant's or its subtenant's business
goodwill, if agreed to be paid by the Condemnor or awarded by a court; and c) the value
of Tenant's remaining interest in the leasehold of the Site, such remaining interest being
determined on the basis of the unexpired Term.
ARTICLE 14. ASSIGNMENT AND SUBLETTING
14.1 Landlord's Consent. Except for those regulations and standards as to
permitted financing and encumbrances, together with Tenant's existing loans, Tenant
shall not assign, without the Landlord's prior written consent, which consent shall not be
unreasonably withheld, sublet or otherwise transfer, whether voluntarily or involuntarily
or by operation of Law, this Lease, the Site, any portion thereof, or any improvements
thereon. If Tenant desires any such transfer or assignment, Tenant shall first provide
notice to Landlord of the proposed transfer, the terms thereof and sufficient information
to allow landlord to determine, in its discretion, whether the proposed transferee has
the experience and financial capability to perform the obligations of Tenant pursuant to
this Lease. Landlord acknowledges and approves of existing affiliation with CourseCo
Inc., a California Corporation, as the management company and the partnership with Z-
Golf, the food and beverage operators at the Site.
ARTICLE 15. TENANT DEFAULTS AND LANDLORD'S REMEDIES
15.1 Defaults by Tenant. Tenant shall be in default under this Lease upon
occurrence of any of the following:
15.1.1 Tenant shall at any time be in default in the payment of Rent or
any other monetary sum called for by this Lease for more than ten (10) days following
written notice from Landlord to Tenant; or
15.1.2 Tenant shall at any time be in default in the keeping and
performing of any of its other covenants or agreements herein contained, and should
such other default continue for thirty (30) days after written notice thereof from Landlord
to Tenant specifying the particulars of such default, or if such other default is of a nature
that curing such default will take more than thirty (30) days Tenant has failed to
commence such cure within such thirty (30) day period and to thereafter diligently
pursue completion of such cure; or
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15.1.3 Tenant assigns, sells, transfers, conveys, encumbers,
hypothecates or leases the whole or any part of the Improvements, the Site, any portion
thereof, or any improvements thereon in violation of this Lease; or
15.1.4 Except as otherwise expressly permitted in this Lease, there is any
change in control of Tenant, or any other act or transaction involving or resulting in a
change in the identity of the parties in control of Tenant or the degree of such control; or
15.1.5 Tenant is in default under any other provision of this Lease beyond
expiration of any applicable cure period.
15.2 Remedies. Upon the occurrence of any such default, in addition to any and
all other rights or remedies of Landlord hereunder, or by Law or in equity provided,
Landlord shall have the sole option to exercise the following rights and remedies:
15.2.1 Terminate this Lease by giving Tenant notice of termination. On
the giving of such notice, all Tenant's rights under this Lease shall terminate.
Immediately following notice of termination, Tenant shall surrender and vacate the
Improvements, the Site, all portions thereof, and all improvements thereon, leaving
them in broom clean condition; and Landlord may reenter and take possession thereof
and eject all parties in possession, or eject some and not others, or eject none.
Termination under this subsection shall not relieve Tenant from the payment of any sum
then due to Landlord or from any claim for damages previously accrued or then
accruing against Tenant.
15.2.2 Without terminating this Lease , Landlord may at any time and
from time to time relet the Improvements, the Site, any portion thereof, or any
improvements thereon for the account and in the name of Tenant or otherwise. Any
reletting may be for the remainder of the Term or for a longer or shorter period.
Landlord may execute any leases made under this provision either in Landlord's name
or in Tenant's name, and shall be entitled to all rents from the use, operation, and
occupancy of the Improvements, the Site, any portion thereof, and any improvements
thereon. Tenant hereby appoints Landlord its attorney in fact for purpose of such
leasing. Tenant shall nevertheless pay to Landlord on the due dates specified in this
Lease the equivalent of all sums required of Tenant under this Lease, less the revenue
received by Landlord from any reletting or attornment, plus Landlord's expenses,
including (by way of example), but not limited to, remodeling expenses, Landlord's
brokerage and advertising costs and attorneys' fees and costs. No act by or on behalf
of Landlord under this subsection shall constitute a termination of this Lease unless
Landlord gives Tenant written notice of termination.
15.2.3 Even though Landlord may have relet the Building, Improvements,
the Site, portions thereof, or improvements thereon, Landlord may thereafter elect to
terminate this Lease and all of Tenant's rights thereunder, including all of Tenant's
rights in or to the Building, Improvements, the Site, any portion thereof, and/or any
improvements thereon.
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15.2.4 Landlord shall have the remedy described in California Civil Code
section 1951.4 (lessor may continue lease in effect after lessee's breach and
abandonment and recover rent as it becomes due, if lessee has right to sublet or
assign, subject only to reasonable limitations), as amended from time to time, and
successor statutes thereto.
15.3 Damaqes. Should Landlord elect to terminate this Lease, Landlord shall be
entitled to recover from Tenant, as damages:
15.3.1 The worth at the time of the award of the unpaid Rent that had
been earned at the time of term ination of this Lease;
15.3.2 The worth at the time of the award of the amount by which the
unpaid Rent that would have been earned after the date of termination of this Lease
until the time of award exceeds the amount of the loss of Rent that Tenant proves could
have been reasonably avoided;
15.3.3 The worth at the time of the award of the amount by which the
unpaid Rent for the balance of the Term of this Lease after the time of award exceeds
the amount of the loss of Rent that Tenant proves could have been reasonably avoided;
and
15.3.4 Any other amount (and court costs) necessary to compensate
Landlord for all detriment proximately caused by Tenant's default, including costs of
alterations and improvements in connection with reletting.
15.4 Recapture of Site.
A. The parties agree that City, in City's sole discretion, shall have the
right, but not the obligation, to recapture part or all of the Site ("Recapture") subject to
the following terms and conditions. City shall have a onetime right of Recapture,
whether the Recapture is later rescinded by City or taken to completion. City may
exercise its Recapture right after ten (10) years following the date of this Lease. To
affect a Recapture, City shall give Tenant a minimum of one hundred-eighty (180) days'
prior written notice of City's Recapture election ("Election Notice"). In the Election
Notice, City shall indicate the specific portion of the Site which City intends to recapture
("Recapture Portion") and the use(s) that City intends for the Recapture Portion. The
Site remaining after the Recapture, if any, may be referred to as the "Remainder Site".
During the Term of the Lease, the Recapture Portion, or any part thereof, may not be
used for any purposes related to golf.
B. City shall pay a price ("Recapture Consideration") to recapture the
Recapture Portion that is the greater of: (i) the price ("Release Price") that allows for the
release of the Recapture Portion from the security for the Tenant's loan as permitted by
the lender or (ii) the going concern fair market value of Tenant's right, title and interest
in the Recapture Portion, including the Improvements plus the diminution in the going
concern fair market value of Tenant's right, title and interest in the Remainder Site
resulting from the Recapture (collectively, "FMV"). City shall pay the Release Price to
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the Lender. In the event that the FMV is greater than the Release Price, City shall pay
the excess amount to Tenant.
C. FMV shall be determined as follows. Within forty-five (45) days
after receipt of the Election Notice, Tenant shall provide City with a "Consideration
Notice" which sets forth both (i) the Release Price and (ii) a statement of FMV
("Statement of FMV") pursuant to subsection b, above. If City does not agree with the
Statement of FMV and the parties do not enter into a written agreement of FMV within
thirty (30) days after City's receipt of the Statement of FMV, FMV shall be determined
as follows. Within ninety (90) days following the end of the thirty (30) day negotiation
period, an appraiser jointly hired by City and Tenant shall provide the determination of
FMV. Such appraiser shall hold the MAl designation; possess at least ten (10) years
experience in appraising local golf course properties; and be independent of and
unrelated to City and/or Tenant. City and Tenant shall each pay fifty percent (50%) of
the fees and expenses of such appraiser. In performing the appraisal, the appraiser
shall follow the provisions of this Section 6 and any additional instructions agreed to by
the parties. The appraiser shall provide each party with a copy of the appraisal.
D. Upon payment of the Recapture Consideration by City and receipt
of Lender's consent for the Recapture, Tenant shall quitclaim the Recapture Portion to
City without warranty and the Lease shall terminate with respect to the Recapture
Portion. Effective on the first day that Tenant is no longer permitted to receive the
Gross Receipts from the Recapture Portion, Base Rent and Annual Revenue
Thresholds for determining Percentage Rent shall be prorated according to the ratio of
(i) Gross Receipts from the Remainder Site as of such date (ii) Gross Revenue from the
entire Site as of immediately prior to such date. Any Lease obligation of Tenant in
addition to Base Rent that is not based upon Gross Receipts, or a component thereof,
or does not automatically decrease proportionately to the reduction of the Site shall be
pro-rated pursuant to the immediately prior sentence. No part of the balance existing in
the Capital Improvement Fund at the time of Recapture shall be allocated to the
Recapture Portion. The entire balance shall continue to be subject to the provisions of
the Lease for the benefit of the Remainder Site. Notwithstanding anything in the Lease
to the contrary, the parties agree that neither City's issuance of an Election Notice, nor a
total or partial termination under this Section, shall be considered a Taking and that
Tenant shall be entitled to no compensation except as expressly set forth in this Section
6. Subject to any liabilities of City that may exist under the Lease independent of the
Recapture, upon payment of the Recapture Consideration, Tenant shall fully release
and discharge Landlord and the City from all and any manner of rights, demands,
liabilities, obligations, claims, or cause of actions, in law or equity, of whatever kind or
nature, whether known or unknown, whether now existing or hereinafter arising, which
arise from or relate in any manner to (i) the sale of the Site, Recapture of part or all of
the Site pursuant to Section 6 of this Second Amendment or any other Lease provision,
the termination of Tenant's leasehold interest pursuant to the Lease, or the relocation of
Tenant's business operations or the relocation of any person or persons, business or
businesses, or other occupant or occupants located on the Site, including, without
limitation, the specific waiver and release of any right to any relocation benefits,
assistance and/or payments under Government Code Sections 7260 et seq.
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("Relocation Assistance Law"), notwithstanding that such relocation assistance, benefits
and/or payments may be otherwise required under the Relocation Assistance Law or
other state or federal law; and (ii) compensation for any interest in Tenant's business
operations or the Site including, but not limited to, land and improvements; leasehold
bonus value; fixtures, furniture, or equipment; loss of business goodwill; severance
damage; attorneys' fees or any other compensation of any nature whatsoever. Tenant
acknowledges and agrees that the release and waiver set forth in this paragraph is
material consideration for Landlord's execution of this Second Amendment on the terms
set forth herein and that, but for this release and waiver, Landlord would not have
entered into this Second Amendment. It is hereby intended that the above release
relates to both known and unknown claims that the Tenant may have, or claim to have,
against the Landlord or the City with respect to the subject matter contained herein or
the events relating thereto. The parties acknowledge and agree that the waiver and
release contained in this Section shall not have the effect of excluding any element of
value mentioned in such waiver and release from FMV. Such waiver and release is
solely intended to bar Tenant from obtaining any consideration from City resulting from
the Recapture other than the Recapture Consideration. By releasing and forever
discharging claims both known and unknown which are related to or which arise under
or in connection with the items set out above, the Tenant expressly waives any rights
under California Civil Code Section 1542, which provides: "A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR." Notwithstanding such waiver and release by
Tenant and the payment of Recapture Consideration, City shall indemnify, defend and
hold Tenant, CourseCo and their principals, officers, directors, and employees harmless
from and against any cost or liability owing to any third party as a result of the
Recapture, including attorneys fees and termination fees payable under existing
maintenance or construction contracts that apply to the Recapture Portion. Together
with the Consideration Notice, Tenant shall provide City with a written estimate made in
good faith of the likely amount of City's obligation under the indemnity described in the
immediately preceding sentence. City shall have forty-five (45) days following its receipt
of such estimate to decide whether to continue the Recapture. If Tenant does not
receive a written notice from City within such forty-five (45) day period stating that City
is proceeding with the Recapture, City shall have elected to irrevocably rescind the
Recapture. The rights and obligations of City to proceed with or to rescind the
Recapture shall not be affected by the actual amount of City's indemnity obligation so
long as Tenant has prepared the estimate of such obligation in good faith with the facts
known to Tenant at the time of estimate preparation.
E. In the event that following the Recapture, it would not be
reasonably feasible to operate a golf course comparable in size and quality to the North
Course or the South Course on the Remainder Site or, at Tenant's election, in the event
that the fair market value of the Remainder Site, valued as a golf property as of the
Recapture, would be seventy-five percent (75%) or less of the fair market value of the
entire Site, valued as a golf property as of immediately prior to the Recapture
(cumulatively, "Triggering Events"), Tenant shall have the right to require City to
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recapture the entire Site. To exercise such right, Tenant shall provide written notice
("Full Recapture Notice") to City within thirty (30) days after receipt of City's Election
Notice. In such case, the Recapture Portion shall be the entire Site. City shall forty-five
(45) days following receipt of a Full Recapture Notice to decide whether to continue the
Recapture. If Tenant does not receive a written notice from City within such forty-five
(45) day period stating that City is proceeding with the Recapture, City shall have
elected to irrevocably rescind the Recapture. The rights and obligations of City to
proceed with or to rescind the Recapture shall not be affected by any later conclusions
regarding a Triggering Event so long as Tenant has prepared the Full Recapture Notice
with a good faith belief that a Triggering Event would occur due to the Recapture.
15.5 Cumulative. Each right and remedy of Landlord provided for herein or now
or hereafter existing at Law or in equity, by statute or otherwise shall be cumulative and
shall not preclude Landlord from exercising any other rights or remedies provided for in
this Lease or now or hereafter existing at Law or in equity, by statute or otherwise. No
payment by Tenant of a lesser amount than the Rent nor any endorsement on any
check or letter accompanying any check or payment of Rent shall be deemed an accord
and satisfaction of full payment of Rent; and Landlord may accept such payment without
prejudice to Landlord's right to recover the balance of such Rent or to pursue other
remedies.
ARTICLE 16. MISCELLANEOUS
16.1 Holdinq Over. If Tenant shall hold over on the Site after the expiration of
the Term hereof with the consent of Landlord, such holding over shall be construed to
be only a tenancy from month to month, subject to all the covenants, conditions and
obligations contained in this Lease. Tenant hereby agrees to pay to Landlord as
monthly rental 1/12th of the amount which is one hundred fifty percent (150%) of the
highest amount of total annual Rent paid by Tenant to Landlord during the last year of
the Term.
16.2 Attorneys' Fees. In the event that any action is brought by either party
hereto as against the other party hereto for the enforcement or declaration of any right
or remedy in or under this Lease or for the breach of any covenant or condition of this
Lease, the prevailing party shall be entitled to recover, and the other party agrees to
pay, all fees and costs to be fixed by the court therein including, but not limited to,
attorneys' fees.
16.3 Quiet Possession. So long as Tenant is not in default under this Lease and
is paying the Rent and performing all of the covenants and conditions of this Lease,
Tenant shall quietly have, hold and enjoy the Site during the Term without interruption
or disturbance from Landlord or any other persons claiming by, through or under
Landlord.
16.4 Effect of Lease on Oriqinal Lease, as Amended. Except for the purpose of
explaining the past relationship of Landlord and Tenant, this Lease shall supersede the
Original Lease, and any amendments.
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16.5 Security Deposit. As part of the Original Lease, Tenant has submitted a
Security Deposit to be used by the City to offset costs for any material breach of the
terms of this Lease. Tenant acknowledges that the City may retain the Security Deposit
on file. If not used for a material breach of this Lease, Landlord shall refund the amount
at the end of the Lease.
16.6 Force Maieure. Except as to the payment of Rent, subject to the limitations
set forth below, performance by either party hereunder shall not be deemed to be in
default, and all performance and other dates specified in this Lease shall be extended,
where delays are due to: remediation or removal of previously undiscovered Hazardous
Materials that may be required by Law, regulation or prudent business practice; war;
insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God;
acts of the public enemy; epidemics; quarantine restrictions; freight embargoes;
governmental restrictions or priority; litigation, including court delays; severe weather;
lack of reasonable availability of labor or materials; acts or omissions of the other party;
or acts or failures to act of the City (in its capacity as a municipal corporation only and
not as a Landlord under this Lease) or any other public or governmental agency or
entity. An extension of time for any such cause shall be for the period of the enforced
delay and shall commence to run from the time of the commencement of the cause, if
notice by the party claiming such extension is sent to the other party within thirty (30)
days of the commencement of the cause. Times of performance under this Lease may
also be extended in writing by the mutual agreement of Landlord and Tenant. Tenant
expressly agrees that adverse changes in economic conditions, either of Tenant
specifically or the economy generally, changes in market conditions or demand, and/or
Tenant's inability to obtain financing or other lack of funding, or to complete the
Improvements shall not constitute grounds of enforced delay pursuant to this Section
16.6. Tenant expressly assumes the risk of such adverse economic or market changes
and/or financial inability, whether or not foreseeable as of the Commencement Date.
16.7 Notices. All notices to be given hereunder shall be in writing and mailed
postage prepaid by certified or registered mail, return receipt requested, or delivered by
personal or courier delivery, or sent by facsimile (immediately followed by one of the
preceding methods), to Landlord's address and Tenant's address set forth in Basic
Information Sections 1 and 2, or to such other place as Landlord or Tenant may
designate in a written notice given to the other party. Notices shall be deemed served
upon the earlier of receipt or three (3) days after the date of mailing.
16.8 Waiver. No waiver of any breach of any of the terms, covenants,
agreements, restrictions or conditions of this Lease shall be construed to be a waiver of
any other breach of the same or other terms, covenants, agreements, restrictions and
conditions hereof.
16.9 Surrender. Upon the expiration or other termination of the Term of this
Lease, and notwithstanding anything herein contained to the contrary, Tenant shall
surrender to Landlord the Building, Improvements, the Site, all portions thereof, and all
improvements thereon, broom clean and in good condition and repair, reasonable wear
and tear excepted.
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16.10 Bindinq on Successors and Assiqns. Subject to the restrictions set forth
herein regarding assignment of the Leasehold Interest, each of the terms, covenants
and conditions of this Lease shall extend to and be binding on and shall inure to the
benefit of not only Landlord and Tenant, but to each of their respective heirs,
administrators, executors, successors and assigns. Whenever in this Lease reference
is made to either Landlord or Tenant, the reference shall be deemed to include,
wherever applicable, the heirs, administrators, executors, successors and assigns of
such parties, the same as if in every case expressed.
16.11 Landlord's Riqht to Enter Buildinq and the Site. Landlord and its
authorized representatives shall have the right to enter the Improvements, and the Site
at all reasonable times, after giving Tenant twenty-four (24) hours prior written notice
(except in emergency in which case no notice shall be required), for any reasonable
purpose, including: to determine whether the Site, Improvements, the Building, or any
other improvements on the Site is in good condition and whether Tenant is complying
with its obligations under this Lease; to do any necessary maintenance and to make any
restoration to the Improvements, the Site, any portion thereof, or improvements thereon
that Landlord has the right or obligation to perform; to serve, post or keep posted any
notices required or allowed under the provisions of this Lease; to post "for rent" or "for
lease" signs during the last two (2) years of the Term, or during any period while Tenant
is in default; to show the Improvements, and the Site to prospective lenders, brokers,
agents, buyers, tenants or persons interested in an exchange Landlord shall have the
right but not the obligation to maintain and repair, remove or replace, add to or generally
improve, utilities and the facilities owned by Landlord, another public agency or public
utility company, whether under, on, upon, or over the Improvements, the Site, any
portion thereof, or any improvements thereon; and Landlord has the right but not the
obligation to do any act or thing reasonably necessary for the safety or preservation of
the Improvements, and the Site, any portion thereof, or any improvements thereon if
any excavation or other construction is undertaken or is about to be undertaken on any
adjacent property or nearby street. Landlord shall not be liable in any manner for any
inconvenience, disturbance, loss of business, nuisance, or other damage arising out of
Landlord's entry on the Improvements, the Site, any portion thereof, or any
improvements thereon as provided in this Section 16.11 other than any property
damage, bodily injury, or death caused by the sole negligence or willful misconduct of
Landlord, its agents, employees or Tenants. Tenant shall not be entitled to an
abatement or reduction of Rent if Landlord exercises any rights reserved in this Section
16.11.
16.12 Disclaimer of Partnership. The relationship of the parties hereto is that of
Landlord and Tenant, and it is expressly understood and agreed that Landlord does not
in any way nor for any purpose become a partner of Tenant or a joint venturer with
Tenant in the conduct of Tenant's business or otherwise.
16.13 No Recordation. Tenant shall not record this Lease or any Memorandum
of this Lease, or similar document except to the extent required (i) for Tenant to be able
to obtain a leasehold title policy insuring Tenant's Leasehold Interest in the Site, or (iii)
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by any Leasehold Mortgagee. Any such document shall be in a form reasonably
satisfactory to Landlord.
16.14 Quitclaim. At the expiration or other termination of the Term, Tenant shall
execute, acknowledge and deliver to Landlord within thirty (30) days after written
demand from Landlord to Tenant, any quitclaim deed or other document required by
any reputable title company to remove the cloud of this Lease from the Building, the
Site, any portion thereof, or any improvements thereon.
16.15 Interpretation. The titles to the sections of this Lease are not a part of this
Lease and shall have no effect upon the construction or interpretation of any part of this
Lease. As used in this Lease, masculine, feminine or neuter gender and the singular or
plural number shall each be deemed to include the others where and when the context
so dictates. The word "including" shall be construed as if followed by the words "without
limitation." This Lease shall be interpreted as though prepared jointly by both parties.
16.16 Severability. If any term, provision, condition or covenant of this Lease or
its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Lease, or the application of the term, provision,
condition or covenant to persons or circumstances other than those as to whom or
which it is held invalid or unenforceable, shall not be affected, and shall be valid and
enforceable to the fullest extent permitted by Law.
16.17 Leqal Advice. Each party represents and warrants to the other the
following: they have carefully read this Lease, and in signing this Lease, they do so with
full knowledge of any right which they may have; they have received independent legal
advice from their respective legal counsel as to the matters set forth in this Lease, or
have knowingly chosen not to consult legal counsel as to the matters set forth in this
Lease; and, they have freely signed this Lease without any reliance upon any
agreement, promise, statement or representation by or on behalf of the other party, or
their respective agents, employees, or attorneys, except as specifically set forth in this
Lease, and without duress or coercion, whether econom ic or otherwise.
16.18 Time of Essence. Time is expressly made of the essence with respect to
the performance by the parties of each and every obligation and condition of this Lease.
16.19 Nonliability. No member, official or employee of Landlord shall be
personally liable to Tenant, or any successor in interest, in the event of any default or
breach by Landlord or for any amount which may become due to Tenant or its
successors, or on any obligations under the terms of this Lease. Tenant hereby waives
and releases any claim it may have against the members, officials or employees of
Landlord with respect to any default or breach by Landlord or for any amount which may
become due to Tenant or its successors, or on any obligations under the terms of this
Lease.
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16.20 Applicable Law. The laws of the State of California, without regard to
conflict of Laws principles, shall govern the interpretation and enforcement of this
Lease.
16.21 Covenants and Conditions. Each obligation of the parties hereunder,
including, without limitation, Tenant's obligation for the payment of Rent, shall be
construed to be both a covenant and a condition of this Lease.
16.22 Inteqration. This Lease, including all recitals of exhibits and attachments
to each of the foregoing, constitute the entire agreement between the parties and there
are no conditions, representations or agreements regarding the matters covered by this
Lease which are not expressed herein.
16.23 Amendments to this Lease. Landlord and Tenant agree to mutually
consider reasonable requests for amendments to this Lease that may be made by either
of them, subtenants of Tenant, lending institutions or bond counselor financial
consultants to Landlord or Tenant, provided such requests are consistent with this
Lease and would not materially alter the basic business terms included herein. No
amendment hereto shall be effective unless in writing and signed by the parties hereto.
16.24 Compliance With Laws. Tenant, at Tenant's expense, shall comply with
all applicable Hazardous Materials Laws, statutes, labor codes, laws, codes, rules,
orders, zoning, ordinances, directives, regulations, regulations, permits, or other
requirements of federal, state, county, municipal, or other governmental authorities
having jurisdiction, now in force or which may hereafter be in force (individually "Law"
and collectively "Laws"), which shall impose any duty upon Landlord or Tenant with
respect to the use, occupancy, or alteration of the Improvements, the Site, any portion
thereof, or any improvements thereon.
16.25 Commission. Each party represents to the other that it has not been
represented by any broker in connection with this Lease, and that no real estate
broker's commission, finder's fee or other compensation (individually and collectively,
"Commission") is due or payable. Each party agrees to indemnify and hold the other
harmless from any claims or liability, including reasonable attorneys' fees, in connection
with a claim by any person for a Commission based upon any statement, representation
or agreement of the other party.
16.26 Relocation Waiver. Tenant fully releases and discharges Landlord from:
(i) all and any manner of rights, demands, liabilities, obligations, claims, or cause of
actions, in law or equity, of whatever kind or nature, whether known or unknown,
whether now existing or hereinafter arising, which arise from or relate in any manner to
the relocation of Tenant's business operations or the relocation of any person or
persons, business or businesses, or other occupant or occupants located on the Site
following expiration or other termination of this Lease, including the specific waiver and
release of any right to any relocation benefits, assistance and/or payments under
Government Code Sections 7260 et seq. ("Relocation Assistance Law"),
notwithstanding that such relocation assistance, benefits and/or payments may be
IRV#4817-4429-6207 v10
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otherwise required under the Relocation Assistance Law or other Law; and (ii)
compensation for any interest in Tenant's business operations, the Building, the Site,
any portion thereof, or any improvements thereon, including leasehold bonus value,
fixtures, furniture, or equipment, loss of business goodwill, severance damage,
attorneys' fees or any other compensation of any nature whatsoever. Tenant
acknowledges and agrees that the release and waiver set forth in this Section is
material consideration for Landlord's lease of the Site and sale of the Building to Tenant
on the terms set forth herein and that, but for this release and waiver, Landlord would
not have entered into this Lease.
16.27 Estoppel Certificates. Either Party hereto shall, from time to time during
the Term upon not less than twenty (20) days' prior written notice from the other Party,
execute, acknowledge and deliver to the other Party, or such persons or entities
designated by such other Party, a statement in writing certifying: (a) the
Commencement Date and Expiration Date of this Lease, (b) that this Lease is
unmodified and in full force and effect (or, if there have been modifications, that the
Lease is in full force and effect as modified and stating the modifications), (c) that there
are no defaults under this Lease (or if so, specifying the same), (d) the dates, if any, to
which the Rent has been paid, and (e) any other information that may be reasonably
required by any such persons or entities. Any such certificate delivered pursuant to the
provisions hereof may be relied upon by the other Party or any prospective purchaser or
Encumbrancer of its estate. The City Manager shall be authorized to execute,
acknowledge and deliver any such certificate on behalf of City.
16.28 Counterparts. The parties hereto agree that this Lease may be executed
in counterparts, each of which shall be deemed an original, and said counterparts shall
together constitute one and the same agreement, binding all of the parties hereto,
notwithstanding all of the parties are not signatory to the original or the same
counterparts. For all purposes, including, without limitation, recordation, filing and
delivery of this Lease, duplicate unexecuted and unacknowledged pages of the
counterparts may be discarded and the remaining pages assembled as one document.
[Signatures on following page]
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IN WITNESS WHEREOF, the parties have executed this Lease as of the
Effective Date.
LANDLORD:
CITY OF ROHNERT PARK, a California
Municipal corporation
By:
Name: Gabriel Gonzalez
Its: City Manager
ATTEST:
JoAnne Currie, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
--AN D--
TENANT:
ROHNERT PARK GOLF, LLP, a
California limited partnership
By:
Name:
Its: President
By:
Name:
Its: Chief Financial Officer
APPROVED AS TO FORM:
By:
Name:
Its:
IRV#4817-4429-6207 v10
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EXHIBIT A
PROPERTY
(LEGAL DESCRIPTION AND SITE MAP)
LEGAL DESCRIPTION
I RV #4817-4429-6207 v1 0
EXHIBIT B
MAINTENANCE CREDIT AREA IMPROVEMENTS
Golf Course Dr. & Country Club Dr.
Landscape Strip
EXHIBIT C
GOLF COURSE OPERATIONS SPECIFICATIONS
I. GOLF OPERATIONS SCOPE OF WORK
The work covered by these Golf Operations Specifications consists of providing labor;
services; materials; supplies; golf carts; selecting golf shop furniture, fixtures,
equipment, and inventory for sale; and other items as may be required to support the
operation of a quality, municipal golf course, golf shop, and practice facility. Services
according to these specifications shall commence at a time necessary for the Tenant to
adequately prepare for the start of revenue producing operations and will continue until
termination of the Lease between the golf operations Tenant and the City.
Prior to commencement of operations, the City and the Tenant will identify any
additional items required to provide service as anticipated and shall determine on a
equitable basis, the financial responsibility for procurement of these items.
II. AGREEMENT TERMS
A. Golf Operations as specified herein are part of Foxtail Golf Course Lease the City
and the Tenant.
B. The Tenant shall be responsible for orderly care, safety, security, maintenance
and timely repair of all property which constitutes the golf operation according to
applicable laws, permits, licenses and regulations.
C. The City reserves the right from time to time as conditions warrant to hire outside
golf course operations consultants to inspect the golf course and Tenant agrees
to carry out reasonable recommendations of the City made as a result of the
inspection( s).
III. PERSONNEL & SUPERVISION
A. Golf operations as identified herein will be conducted under the direct supervision
of Tenant.
B. The Tenant will be responsible to hire, train, manage and compensate the
necessary personnel for performance of the work according to these
specifications and other terms contained in the agreement documents. Staffing
plan must include a Professional Golf Manager who is onsite a minimum of 40
hours per week and provide for a minimum of two staff people on duty during pro
shop operating hours.
C. The Tenant will provide uniforms for all staff in both a customer service and
maintenance role to ensure identification and high standards of customer service.
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IV. HOURS OF OPERATION
A. Tenant, with the advice and consent of the City, shall determine reasonable
hours for public access to services. With the exception of starting time
reservation services and Tenant's support for special events, access to golf
services, as a minimum, shall be provided between the hours of dawn and dusk
each day except as precluded by weather conditions
B. Any changes in the schedule of hours for golf operation previously agreed shall
be subject to approval by the City.
C. The golf course will be open every of the year, weather permitting, except for
Christmas Day, which may be closed at the discretion of Tenant.
D. In the event play and/or use must be temporarily suspended on the golf course
due to inclement weather conditions, the decision on when to allow use and/or
play to resume will be made by the Tenant.
V. CLUBHOUSE / PRO SHOP
A. Preparation and Appearance
1. The Tenant shall be responsible for the maintenance, cleaning, repair and
general appearance of the clubhouse/pro shop (including the food and
beverage portion), cart storage, maintenance building and golf shop.
2. All supplies, cleaning equipment and materials and paper goods shall be
provided by the Tenant.
3. Cleaning and preparation shall be scheduled not to impact business
operations.
4. Maintenance and repairs shall be conducted on a timely basis with
minimal impact on business operations.
B. Other Common Space
1. Tenant shall establish a quality standard and schedule and oversee
performance of its employees or subtenants to:
a. Vacuum carpets and clean as needed.
b. Clean any provided exterior ashtrays daily. No smoking will be
perm itted within the clubhouse/pro shop
c. Empty waste baskets and clean daily.
d. Sweep all building entrances daily.
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e. Dispose of all waste daily.
f. Dust all desks, counters, chairs, file cabinets, tables and shelves
daily.
g. Clean baseboards weekly.
h. Clean window glass in the doors inside and out as often as needed.
I. Clean all windows inside and outside monthly or more often as
needed.
J. Replace defective lamps in light fixtures as soon as possible after
discovery.
C. Merchandise Quality/Quantity
1. Tenant shall provide and maintain such inventory of golf merchandise as
is deemed necessary by mutual consent of the Tenant and the City.
2. Tenant shall provide all fixtures necessary for the display and sale of
merchandise.
3. The Tenant shall offer for sale only goods of premium quality consistent
with the quality of goods sold at equivalent daily fee golf courses.
4. Inventory shall include at a minimum: clothing for men and women;
equipment including, balls, gloves, tees, etc.
5. Tenant shall not offer for sale or rental any item of merchandise which the
City deems objectionable or beyond the scope of the agreement.
D. Pricinq
1. Prices for all items for sale shall be marked or displayed.
VI. GOLF AND OTHER SERVICES
A. Required Operatinq Responsibilities
The Tenant will be responsible for providing all golf services at the Course
including, at a minimum, the following services and activities:
1 . Provide and supervise staff to operate and manage the Course Pro Shop
from sunrise to sunset, 7 days a week, except for Christmas day.
2. Provide and maintain an inventory of merchandise for sale in the Pro
Shop.
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3. Provide and manage golf cart (electric or pull cart) and equipment rentals,
4. Check-in golfers and regulate and control play, including the enforcement
of Course rules and regulations.
5. Supervise and control the starting time and reservation system.
6. Collect and deposit daily all revenues, including, but not limited to, monies
from green fees, merchandise sales, cart and equipment rentals, lessons,
tournaments, gift certificate sales, resident and multi-play cards, and
membership programs.
7. Provide quality golf lessons and instruction for all levels of play.
8. Promote golf and golf related activities in cooperation with existing golf
clubs, organizations and the City of Rohnert Park.
9. Schedule and facilitate golf tournaments, clinics and Junior golf
promotions.
10. Work cooperatively and collaboratively with maintenance, food and
beverage and City management staff to provide a positive golf experience
for all users.
B. Reservations
1. The Tenant shall not discriminate in any way in the scheduling of starting
times.
2. The Tenant shall provide maximum access to the starting time reservation
system with service available as the season and demand dictates.
3. Golfers shall have timely, consistent access to the reservation system.
4. Group and tournament events shall be handled by qualified, experienced
personnel.
C. Starter/Player Assistants
1. The Tenant shall provide a Starter and a plan for the starter to monitor
play and provide a quality experience as players begin each round of golf.
Pace of play objectives shall be established by the Tenant, approved by
the City and communicated to players before they begin each round of
golf.
2. Any special requirements for group/tournament play will be established by
the Tenant, conveyed when reservations are booked and communicated
by golf operations staff as groups are checked in.
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3. The Tenant shall provide all complimentary, necessary and consumable
golf supplies including scoring pencils and "logo" scorecards.
D. Rentals
1. The Tenant shall provide and maintain for rental an inventory of quality,
recognized brand golf clubs (and cloth or vinyl bags) sufficient to meet
player's demands.
2. The Tenant shall provide and maintain for rental a supply of pull carts
sufficient to meet player's demands.
3. The Tenant will provide, at Tenant's sole cost, sufficient electrically-
powered golf carts. Tenant will maintain an adequate number of this
supply in a clean, fully-charged manner sufficient to meet player's
demand.
E. Practice Areas
1. The Tenant shall be responsible for the quality operation of the practice
facilities providing and maintaining a sufficient number of artificial hitting
mats, grass tees, putting green(s), sand and turf surfaces for the proper
teaching and practice of all phases of the game.
2. The Tenant shall be responsible for maintaining a high quality and
sufficient quantity of all elements used at the practice facilities including
balls, hitting surfaces, landing area, cups and flags
F. Lessons
1. The Tenant shall provide golf lessons and training by qualified instructors.
2. The Tenant shall have submitted in its proposal and shall implement a
group and individual lesson plan to provide for the teaching and training
needs of golfers of differing skill levels, ages, sexes and economic
situations.
3. The City expects the Tenant to conduct programs to promote participation
in the game of golf and the use of all the golf services.
G. Group Tournament Services
1. The Tenant shall provide group event and tournament scheduling services
without discrimination.
2. The Tenant shall promote the use of all other fee services and sale of
goods.
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3. The Tenant shall implement systems and procedures to allow effective
future management of the course and its related support facilities and
resources.
4. The Tenant shall provide for reservation of tournament dates up to two (2)
years in advance, preparation of reservation agreements, processing and
financial control of deposits and payments, arrangement for tournament
assistance, checking in of players, cart assignment, and collection of
green fees and other fees associated with tournament play and support
services.
H. Golf Green Fees
1. Fees and Charges
A. Tenant shall keep current a comprehensive schedule of fees for
golf play and cart rentals. Standard fees shall be displayed.
2. Establishing of Fees
A. Tenant shall conduct an annual, comprehensive survey of green
fee and rental rates at comparable golf courses within the market
area as described in Exhibit E.
VIII. SERVICE GUIDELINES
A. Tenant shall offer services consistent with the scope and quality of services
offered at equivalent daily fee golf courses in the area.
B. Tenant shall not offer services which the City deems objectionable or beyond the
scope of the agreement.
C. Tenant shall post all fees except those fees, which may be negotiated for
group/tournament activity or other special uses.
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EXHIBIT D
GOLF COURSE MAINTENANCE SPECIFICATIONS
1.0 GENERAL REQUIREMENTS
The Tenant shall furnish all labor, equipment, materials, tools, services and special
skills required to perform the landscape and other maintenance as set forth in these
specifications and in keeping with the highest standards of quality and performance.
Note: Any and all references to the role or duties of Golf Services Manager (GSM)
herein shall be deemed to be the representative of the City for golf course matters;
however, any references to the GSM shall also mean, and will be the duties and
responsibilities of, the Tenant in all obligations to maintain the golf course in
conformance to the specifications outlined.
1.0.1 Maintenance Standards
The following standards are further reinforced in the maintenance specifications that
follow and are included here in order to acquaint the Tenant with the City's general
expectations:
Greens/Collars
1. Mow greens at proper height according to seasonal conditions.
2. Pin placement shall be in healthy turf area according to rotation plan.
3. No standing water or severe turf loss areas.
4. Greens should be consistent on a daily basis utilizing a stimp meter within
a one (1) foot range from green with lowest speed to green with highest
speed.
5. Weed free and disease free.
6. Bare and stressed areas sodded or plugged.
7. Pest and vandal damage repaired.
8. No foreign grass encroachment from collars.
9. Hole plugs set at proper grade.
10. Ball marks repaired.
Fairways
1. Fairways mowed at proper height according to seasonal conditions.
2. No standing water or mud holes.
3. Yardage markers in place and maintained.
4. Cart traffic management devices in place; bare or stressed areas properly
addressed.
5. Weed free and disease free.
6. Pest and vandal damage repaired.
7. Ground under repair painted with appropriate white turf paint and roped off
neatly and consistently throughout the golf courses. Ground under repair
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includes those under repair by the Tenant and those areas where turf is at
a level that is not consistent with other associated turf areas.
Tees
1. Mowat proper height according to seasonal conditions.
2. Tee markers placed in healthy areas with tee markers set flat to ground
and direction of play.
3. Sand and seed buckets filled and properly placed by tee markers.
4. All tee station equipment cleaned and painted. Ball washer operational.
5. No standing water or mud holes.
6. Weed free and disease free.
7. Pest and vandal damage repaired.
8. Bare areas sodded and leveled.
Rouqhs
1 . Mowed at proper height according to seasonal needs.
2. No standing water or mud holes.
3. Pest and vandal damage repaired.
4. Hazards properly marked.
5. Free of debris that affects play.
6. Ground under repair painted with appropriate white turf paint and roped off
neatly and consistently throughout the golf courses. Ground under repair
includes those under repair by the Tenant and those areas where turf is at
a level that is not consistent with other associated turf areas.
Bunkers
1. Edged as required, by seasonal conditions.
2. Raked - sand not compacted.
3. Proper level of sand.
4. Two to Five operational rakes per bunker, depending on bunker size.
5. Rakes properly maintained.
6. Rakes placed tines down, distributed evenly around the respective
bunkers.
7. Bunkers should have 1" lip on lower side.
8. No excess sand buildup on high side.
9. No animal boroughs.
10. No standing water.
Parkinq Lot
1 . Lights operational.
2. Free of debris, litter, leaves, and trimmings.
3. Properly marked and signs in place.
4. Parking lines visible and weed free.
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Golf Course Restrooms
1. Must be clean and stocked daily.
2. Operational and odor free.
3. No graffiti.
4. Lights operational.
5. No worn spots.
6. Lockable partitions.
Cart Paths
1. Edged and clean.
2. Weed free.
3. No standing water.
Irriqation
1. Properly maintained and adjusted.
2. Proper coverage.
3. No evidence of broken lines.
4. No missing or broken valve box lids.
5. All valve boxes visible.
6. Controllers must be locked.
7. Heads, valves and quick couplers are leak free.
8. Irrigation computer information properly kept.
9. Irrigation controller information properly kept.
Equipment
1. Serviced by golf personnel at manufacturer's intervals with proper records.
2. Tenant equipment repaired to meet demands of golf maintenance
requirements.
3. Tenant's equipment to include all Tenant safety features.
4. Equipment is kept clean.
5. All equipment maintenance and replacement is the responsibility of
Tenant.
Clubhouse - (Exterior) - Parkinq Lot
1 . Walkways level and clean of debris.
2. All surfaces covered properly with paint where appropriate.
3. Exterior lighting working and scheduled properly.
4. All signage accurate and readable.
5. Shrub beds maintained according to specifications.
6. Annual flowers in place and healthy.
7. Missing plants replaced in kind.
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Trees
1.
2.
3.
4.
5.
6.
Lakes
1.
2.
3.
4.
5.
6.
No dead trees or terminally diseased trees.
Trees trimmed, as needed.
Properly staked - remove stakes within first year if applicable.
Mowed around.
Kept in healthy condition.
Action plan for dead and diseased trees.
Algae not present.
Litter/debris controlled.
Lakes at proper level.
Properly marked as water hazard.
Undesirable water plants not present.
Water clear.
Periphery/Shrub Beds
1. Properly mowed.
2. Free of litter/debris.
3. Mulch in proper areas.
4. Weed free.
5. Properly trimmed.
6. Water properly - not overly dry or wet.
7. Flowers changed by schedule or as needed.
8. No dead or diseased plants.
9. Maintained according to specifications
Maintenance Facilities
Siqnaqe
Fence/Nets
1. Cleaned regularly.
2. Maintained properly.
3. All regulations for proper storage and disposal of materials are adhered to.
1. Replace or add, as needed.
2. Proper placement is evident.
3. Clean and readable.
1 . Repair or replace as needed.
2. In place with no holes.
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1.1 SAFETY
1.1.1 Tenant agrees to perform all work outlined in these specifications in such a
manner as to meet all accepted standards for safe practices during the
maintenance and operation and to safely maintain equipment, machines, and
materials or other hazards consequential or related to the work; and agrees
additionally to accept the sole responsibility for complying with all local, County,
State or other legal requirements, including, but not limited to, full compliance
with the terms of the applicable O.S.H.A. and CAL.O.S.H.A. Safety Orders, and
at all times, protecting all persons, including Tenant's employees, vendors,
members of the public or others from foreseeable injury, or damage to their
property. Tenant shall identify and inspect all potential hazards at said areas
under maintenance and keep a log indicating date inspected and action taken.
1.1.2 Tenant shall ensure all required certifications and training methods are adhered
to and current.
1.1.3 When performing work, the Tenant shall make every effort to keep sidewalks,
vehicle travel lanes and driveways open at all times, and honor golf etiquette by
performing maintenance tasks within acceptable golf play conditions.
1.1.4 It shall be the Tenant's responsibility to inspect and identify, any condition(s) that
renders any portion of the areas under maintenance unsafe, as well as any
unsafe practices occurring thereon. The Tenant shall be responsible for making
corrections, including but not limited to filling holes and replacing valve box
covers so as to protect golfers and other members of the public from injury. The
Tenant shall cooperate fully with the City in the investigation of any accidental
injury or death by the public, Tenant, or any other entity, occurring in the
contracted areas, including a complete written report thereof to the GSM within
twenty-four (24) hours following the occurrence.
1.2 PROTECTION OF PROPERTY
1.2.1 During Periods of Inclement Weather:
The Tenant will provide supervisory inspection of the golf course during regular
hours to prevent or minimize possible damage.
The Tenant shall submit a report identifying any storm damage to the GSM
attached to a site map identifying location of damage.
The Tenant's workforce shall continue to accomplish work not affected by such
weather, i.e. clean-up and facility maintenance, as well as work caused by the
inclement weather.
1.2.2 The Tenant shall exercise due care during the performance of work in protecting
from damage all existing facilities, structures and utilities both above surface and
underground on the City's property. Any damage to City property deemed to be
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caused by the Tenant's neglect shall be corrected and paid for by the Tenant at
no cost to the City.
1.2.3 If the City requests or directs the Tenant to perform work in a given area, it will
be the Tenant's responsibility to verify and locate any underground utility
systems and for taking reasonable precaution when working in these areas. Any
damage or problems shall be reported immediately to the GSM.
1.3 PESTICIDES
General:
All materials used shall be in strict accordance with and applied within the standards set
forth in the EPA regulations and the California Department of Food and Agricultural
Code.
Tenant is responsible for obtaining all required permits and maintaining the required
usage documentation and to comply with all requests from the Sam Mateo County
Agricultural Department to inspect records, licenses, training certificates, equipment and
storage facilities. All applicable regulations shall be strictly adhered to, and all required
reporting shall be the responsibility of Tenant.
Application of Pesticides:
1.3.1 Timing:
Pesticides shall be applied at times that limit the possibility of contamination from
climatic and other factors. Early morning or evening application shall be used
when possible to avoid contamination from drift. If applicable, drift control skirted
booms must be used when golfers are present if applicable. Small backpack
applications may be performed based on weather protection and with provisions
made for the safety of golfers. Applicator shall monitor forecast weather
conditions to avoid making application prior to inclement weather to eliminate
potential runoff of treated areas. Irrigation water applied after treatment shall be
reduced to eliminate runoff. When water is required to increase pesticide
efficiency, it shall be applied only in quantities per the label requirements and of
which each area is capable of receiving without excessive runoff.
1.3.2 Handling of Pesticides:
Care shall be taken in transferring and mixing pesticides to prevent
contaminating areas outside the target area. Application methods shall be used
which ensure that materials are confined to the target area. Spray tanks
containing leftover materials shall not be drained on the site to prevent
contamination. Disposal of pesticides and tank rinsing materials shall be within
the guidelines established in the California Department of Food and Agricultural
Code or EPA regulations.
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1.3.3 Equipment and Methods:
Spray equipment shall be in good operating condition, quality, and design to
efficiently apply material to the target area. Avoiding high pressure applications
and using water soluble drift agents will minimize drift.
1.3.4 Recommendations:
All pesticide applications shall be in accordance with written recommendations
provided by a licensed Pest Control Advisor (PCA) with copies of the written
recommendations sent to the GSM. A licensed Qualified Applicator (QAC) shall
be on site during application.
1.3.5 Selection of Materials:
Pesticides shall be selected from those approved for golf course use by
California Department of Food and Agriculture.
1.4 SOUND CONTROL REQUIREMENTS
1.4.1 The Tenant shall comply with all local sound control and noise level rules,
regulations and ordinances, which apply to any work performed pursuant to the
contract.
1.4.2 Each internal combustion engine used for any purpose on the job or related to the
job shall be equipped with a muffler of a type recommended by the manufacturer
of such equipment. No internal combustion engine shall be operated on the
project without said muffler.
1.5 CONSTRUCTION EQUIPMENT
The Tenant shall take all necessary precautions for safe operation of equipment
and the protection of the public from injury and damage from such equipment.
1.6 INQUIRIES AND COMPLAINTS
1.6.1 The Tenant shall have designated responsible management personnel to
take the necessary action regarding all inquiries and complaints that may
be received from or through the City and/or private citizens during normal
work hours.
1.6.2 Whenever immediate action is required to prevent impending injury, death
or property damage to the facilities being maintained, City may, after
reasonable attempt to notify the Tenant, cause such action to be taken by
the City work force and shall charge the full cost thereof to the Tenant.
1.6.3 All complaints shall be abated as soon as possible after notification to the
satisfaction of the City. If any complaint is not abated within a reasonable
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time, the City shall be notified immediately of the reason for not abating
the complaint, followed by a written report to the GSM within three (3)
days.
1.7 MAINTENANCE EMPLOYEES/UNIFORMSNEHICLES
1.7.1 Employees:
A designated full-time Class "A" Superintendent and Mechanic must be assigned full
time at the golf course. Also, a supervisor who is fully trained in all maintenance
responsibilities must be on- site at all times while work is being performed at the golf
course. Tenant shall provide to City, upon commencement of agreement, all Job
Classifications and Job Descriptions for duties, responsibilities and services to be
performed at golf course as described in the agreement.
All maintenance employees shall be assigned to work solely at Poplar Creek Golf
Course and shall not have duties or responsibilities at other sites nor shall they be
rotated between other sites maintained by the Tenant.
All maintenance employees shall present a neat, well-groomed appearance at all times.
Employees shall act in a courteous, professional manner at all times. Every effort shall
be made to perform the work while creating minimum disturbance to the golfers. Any
employee who is determined by the GSM to be incompetent, disorderly, intemperate or
otherwise objectionable shall be immediately removed from the crew and replaced with
a satisfactory replacement.
1.7.2 Uniforms:
The Tenant shall pay for and bear the maintenance cost of uniforms for all employees
working on the golf course.
The uniform shall be worn as a complete unit and be fitted properly. The uniform shall
be cleaned and pressed with no rips, tears or permanent stains present.
In cool weather when a jacket or sweatshirt is needed, the jacket or sweatshirt shall be
worn as the outer garment. All shirts and jackets shall have the golf course logo and
the worker's first name on them.
Protective golf staff equipment shall be determined by Tenant when working on the golf
course. When working elsewhere at the facility, but not within the actual field of play, a
cotton uniform cap with either of the golf course logos may be worn, but must be worn
with the bill facing forward at all times. Non golf course logo cap is not permissible.
1.7.3 Vehicles:
All vehicles used on the course shall be maintained in good mechanical and body
repair. The vehicles shall be clean both inside and out at all times. The vehicles driven
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on public roadways shall bear the Tenant's company name, which is visible on both
sides of the vehicles.
Each vehicle shall be equipped to hold all tools and equipment in a neat and orderly
fashion.
2.0 SPECIFIC REQUIREMENTS
2.1 Tenant shall notify the City prior to use of a sub Tenant on the premise. All sub
Tenants shall have appropriate insurance and safety requirements and shall be
trained in golf course etiquette procedures prior to any work being performed.
2.2 All golf course related plans are property of city and use is restricted to Site.
Tenant shall make copies as required to ensure the original set of plans remains
in good condition.
2.1 MAINTENANCE RECORDS
2.2.1 The Tenant shall provide the GSM with a written schedule of the work to be
performed during the following month which includes, but is not limited to:
general golf course maintenance, aerification, tree trimming, lake maintenance,
herbicide/insecticide application, fertilization and replacement of color plants.
The report shall be provided in a format developed by Tenant and City and
approved by the GSM. If the Tenant finds that it is not possible to maintain the
submitted schedule, the GSM shall be advised and a revised schedule
submitted.
2.1.2 The Tenant shall maintain and keep current a log that records all on-going,
seasonal and additional work, and maintenance functions performed on a daily
basis by Tenant's personnel. Said report shall be in a form and content
acceptable to the GSM.
2.2 TREES
2.2.1 All tree trimmings shall be performed on a schedule approved by the GSM and in
accordance with the tree, shrub and other wood plan maintenance pruning
practices outlined by the American National Standards Institute, Inc. (ANSI).
However, such trimming and pruning is a minimum level and shall not relieve
Tenant of other responsibilities set forth herein.
2.2.2 Trees shall be pruned as required to remove broken or diseased branches. The
Tenant shall develop a pruning program, which will promote proper tree
scaffolding, strength, and appearance consistent with its intended use. Tenant
shall prune trees to allow wind to pass through the tree, reducing and preventing
a "sail" effect.
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2.2.3 Trees located adjacent to vehicular and/or pedestrian traffic ways shall be
maintained so as not to obstruct vehicle and/or pedestrian visibility and
clearance.
2.2.4 Fertilization shall be scheduled as often as required to keep trees in a healthy
and desirable condition as outlined in the pruning specifications. Avoid applying
fertilizer to root ball or base of main stem; instead, spread evenly in area of drip
zone.
2.2.5 Tree stakes, ties, and guys shall be checked and corrected as needed. Ties will
be adjusted to prevent girdling. Remove unneeded stakes, ties, and guys as
required. Re-stake trees, as required, using lodge pole stakes.
2.2.6 Prune trees along sidewalks and cart paths to allow ten (10) foot clearance for
pedestrians.
2.2.7 Ailing or stunted trees, which fail to meet expected growth will receive additional
nutrient treatments to correct any deficiencies.
2.2.8 Surface roots, which become maintenance or appearance problems, will be
removed or additional soil and sod cover shall be placed as required to prevent
damage to adjacent areas, mowers and golf carts.
2.2.9 Any tree requiring removal, at no fault of Tenant, shall be replaced by the
Tenant, at City expense, with prior GSM approval.
2.3 SHRUBS
2.3.1 Prune shrubs to retain as much of the natural informal appearance as possible.
2.3.2 Shrubs used as formal hedges or screens shall be pruned as required to present
a neat, uniform appearance.
2.3.3 Remove any spent blossoms or dead flower stocks as required to present a neat,
clean appearance.
2.3.4 Plants growing over curbing and/or sidewalks shall be trimmed on a natural taper
rather than vertical so as not to appear to be hedged.
2.3.5 Schedule the application of a commercial fertilizer as often as required to
promote optimum growth and healthy appearance to all shrubs.
2.3.6 Any plant requiring removal shall be replaced by the Tenant.
2.4 GROUND COVER - NATIVE GRASSES
2.4.1 Apply all chemical control (e.g. pesticides) as required to control or prevent pest
infestations to protect ornamental plantings.
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2.4.2 Trim ground cover adjacent to walks, walls and/or fences as required for general
containment to present a neat, clean appearance.
2.4.3 Cultivate and/or spray herbicide to remove broad-leafed and grass weeds as
required. Shrub beds shall be maintained in a weed free condition.
2.4.4 Keep ground cover trimmed back from all controller units, valve boxes, quick
couplers, or other appurtenances or fixtures. Do not allow ground covers to grow
up trees, into curbs, or on structures or walls. Keep trimmed back approximately
4 inches from structure or walls.
2.4.5 Fertilization: Schedule fertilization of all ground cover areas with a commercial
fertilizer as often as required to promote healthy appearance.
2.4.6 Ground cover plants shall be added, as needed, to ensure a solid mass planting
in conformance with the original intent.
2.5 PEST CONTROL ON PLANTS
2.5.1 Tenant shall provide complete and continuous control and/or eradication of all
plant pests or diseases.
2.5.2 Tenant shall supply the proper chemical designated for the pests to be
controlled.
2.5.3 Tenant shall obtain all necessary regulatory permits and assume responsibility
for the use of all chem ical controls.
2.6 IRRIGATION SYSTEM
2.6.1 Efficient Use of Water:
2.6.1.1 Considerations must be given to soil texture, structure, porosity, water holding
capacity, drainage, compaction, precipitation rate, run off, infiltration rate,
percolation rate, evapotranspiration, seasonal temperatures, prevailing wind
condition, time of day or night, type of grass, plant and root structure. This may
include syringing during the day and watering during periods of windy weather.
2.6.1.2 Tenant shall be responsible for daily monitoring all systems within Site and
correcting for: coverage, adjustment, clogging of lines and sprinkler heads,
removal of obstacles, including plant materials, which obstruct the spray.
2.6.1.3 The soil moisture content on greens, tees and fairways shall be checked
regularly and appropriate adjustments made. Adequate soil moisture shall be
determined by visual observation, plant resiliency, and turgidity, examining cores
removed by soil probe, moisture sensing devices and programming irrigation
controllers accordingly.
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2.6.1.4 Tenant shall observe and note deficiencies occurring from the original
design of facilities and review these findings with the GSM so necessary
improvements can be considered.
2.6.1.5 All leaking or defective valves, lines and sprinkler heads shall be repaired
within twenty-four (24) hours at the expense of the Tenant. A report of such
repairs shall be given to the GSM weekly.
2.6.1.6 Tenant shall turn off all controllers when it is not necessary to irrigate due
to adequate rainfall.
2.6.2 System Maintenance
Tenant is aware of the current state of the golf course irrigation system, and accepts full
responsibility for the repair and maintenance of the system as is. Any required
replacements, repairs, and maintenance to existing components of the system to
ensure the system remains in operation are the sole responsibility of the Tenant.
Appropriate personnel shall be trained in the use of the master irrigation computer.
2.6.2.1 All controllers are to be kept pest-free and all parts and repairs necessary to
maintain the operation are the responsibility of the Tenant.
2.6.2.2 Any repairs made by the Tenant shall be made in accordance with the industry
standards and conforming to all related codes and regulations.
2.6.2.3 Tenant shall be responsible for adjusting the height of sprinkler risers
necessary to compensate for growth of plant materials.
2.6.2.4 Sprinkler heads and valve boxes shall be kept clear of overgrowth which may
obstruct maximum operation.
2.6.2.5 Repairs and/or upgrades made to the irrigation system must be made in
accordance with the system's original design with products equal to or higher
quality than currently provided.
2.6.2.6 All irrigation repairs and maintenance, including but not limited to, sprinkler
heads, piping, fittings, valves, controller boxes, controller supplies, and
controller face plates, must be performed utilizing the same manufacturer and
type of product as existing materials. Any change to existing materials must
have prior approval by the GSM.
2.7 ANIMAL AND RODENT CONTROL
Tenant shall continuously, at a minimum on a weekly basis, control and eradicate
rodents and other animal pests as necessary to prevent hazards, holes and destruction
of plantings on golf course property. Damage to public or private property due to
erosion as a result of rodent activity shall be repaired at the Tenant's expense.
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2.8 WEED CONTROL OF PAVED SURFACES
Tenant shall control all weeds growing in cracks, expansion joints and other hard
surfaces by the use of chemical or mechanical weed control.
2.9 WEED CONTROL IN LANDSCAPE AREAS
Weed control in landscaped areas shall be accomplished by mulching and the use of
both pre-emergent and post-emergent herbicides. Mechanical weed eradication is
unacceptable unless approved by the GSM.
2.10 STRING TRIMMERS
Care shall be exercised with regard to the use of string trimmers to prevent damage to
building surfaces, walls, header board, light fixtures, signage, etc. A minimum of 12"
bare soil or mulched buffer zone shall be maintained around the circumference at the
base of all trees in landscaped areas.
2.11 GREENS
Maintain all turf in accordance with playability and industry wide standards as
determined by the GSM, observing the following minimum requirements:
2.11.1 Greens shall be mowed as needed with an approved greens reel type mower at
a height of 5/32", or as recommended by the Tenant and approved by the
GSM. Frequencies and height of cut may be modified from time to time as
deemed necessary by the golf course Tenant with the prior approval of the
GSM. All grass clippings must be collected and removed from the site during
each mowing operation, including dispersed in a method to prevent unplayable
conditions. Greens must be mowed, and rolled if performed, prior to first golfer
of day reaching each respective green, including the putting green. Care will be
given on clean up lap mowing to reduce turf loss and playability.
2.11.2 Ball cups are to be relocated daily to USGA Standards to enable worn turf
spots to recover. Putting and chipping green cups to be changed weekly. Hole
positions will be rotated using front, middle, and back locations for each three
hole sequence.
2.11.3 Verticutting of greens shall be scheduled bi-weekly or more, including double
verticutting, during periods of active turf growth. Each verticutting shall be at 90
degrees to the previous cut. Verticutting activities should match the agronomic
requirements of plant growth. This function shall be coordinated to compliment
the aerification and topdressing schedules. Combing or brushing may also be
done. Verticut depth should be appropriate to playing conditions and
agronomic needs. If play conditions are such that greens are not smooth for
ball roll (bumpy), Tenant shall utilize verticutting and other agronomic methods
to improve golf ball roll.
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2.11.4 Aerify greens at least two (2) times per year, in April and August, or more
frequently if needed, and remove plugs the same day. Aerification shall be
carried out with a minimum of interference to play. Aerification shall be
scheduled in November of each year for the following year in conjunction with
the GSM and golf professional. All aerification hole sizes, with a minimum of
5/8 inch hollow tine utilized, and spoil locations shall be pre-approved by the
GSM. Aerification holes shall penetrate to a depth of three inches. Care should
be taken to have as minimal disturbance to green surface from manual and
equipment applications during aerification process. Aerification of greens for
agronomic purposes, other than annual regularly scheduled aerifications, shall
be reviewed and scheduled with the golf professional to reduce golfer impact.
2.11.5 Following all annual regularly scheduled aerifications, a topdressing sand
material approved by the GSM shall be applied and brushed into the turf, with
follow applications performed as needed. Application shall be done with an
approved topdressing spreader. Spot topdressing may be applied to repair
damage from ball marks or any other damage. Light topdressing will be done
every two weeks during the active growth season to maintain turf playability
and agronomic conditions. Turf irrigation requirements shall be adjusted during
process to ensure proper agronomic conditions are met.
2.11.6 Tenant shall have the soil analyzed after the start of the term of the contract
and twice every year thereafter, on dates pre approved by GSM. Apply
fertilizer and nutrients in the quantity and type recommended by soil analysis
and growing conditions at the time of treatment and in a manner to provide
uniform growth of turf. Under normal conditions, 0.5 to 1.2 pounds of actual
nitrogen per thousand square feet shall be applied per growing month.
Typically, a variety of granular slow release types of material or liquid sprayable
fertilizer may be utilized. Use of materials to control salt damage and water
infiltration shall be applied to meet the requirements of the turf and playable
conditions. Fertilizer shall be applied every three (3) weeks during the active
growing season and every five (5) weeks for the remainder of the year.
2.11.7 Treat greens with proper chemicals to control insects, disease, weeds and
other pests.
2.11.8 Greens shall be kept free of foreign grasses and/or broad leaf weeds that tend
to creep in from the edges.
2.11.9 EC readings should be taken during the spring and fall to determine salts levels
and if they are above normal, corrective action taken to reduce to appropriate
levels to promote optimum health of the turf.
2.11.10 Green speed should be consistent daily on all greens, with the difference
between the lowest green speed and the highest green speed no more than
one (1) foot in variance on the stimp meter throughout golf course. Green
speeds should be no lower than 9 feet in average daily during the months of
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May, June, July, August, September, and October, and no lower than 9 feet 6
inches daily for the other months. Green speeds should be maintained as high
as agronomic conditions and play conditions allow.
2.11.11 Debris from trees shall be cleaned prior to mowing and during day as needed to
ensure quality playing conditions.
2.11.12 Ball marks shall be repaired daily.
2.12 COLLARS, APPROACH, BANKS AND GREEN SURROUNDS
Maintain all turf in accordance with playability and industry wide standards as
determined by the GSM observing the following minimum requirements:
2.12.1 Collars shall be mowed a minimum of two (2) times each week to maintain a
height of % inch, mowing with a triplex mower
2.12.2 Green surrounds shall be mowed a minimum of (1) time each week to maintain
a height of one (1) to 1-1/4 inch or a height as recommended by the Tenant and
approved by the GSM. If a rotary mower is used, it shall be specifically
designed to prevent scalping of the turf.
2.12.3 Fertilization frequency, types of material and analysis shall be determined from
results of bi-annual soil nutrient level testing and growing conditions at the time
of treatment. Under normal conditions 0.25 to 0.75 pounds of actual nitrogen
per thousand square feet shall be applied every six (6) weeks during the active
growth season and every eight (8) weeks for the remainder of the year.
Typically combinations of granular slow release type of materials may be
utilized.
2.12.4 Mowing directions should be changed to prevent turf depressions and turf loss.
2.12.5 Approach shall be mowed a minimum of two (2) to three (3) times each week
to maintain a height of % inch, or a height as recommended by the Tenant and
approved by the GSM, cut with a greens type triplex mower
2.12.6 Grass clippings shall be removed and dispersed properly to not negatively
affect golf play.
2.12.7 Bunker banks shall be mowed to ensure no rutting occurs and proper turf
heights are maintained. If rutting occurs, areas shall be sodded for repair.
2.12.8 Verticutting shall be performed at least two (2) times per year. All other
provisions of section 2.11.3 shall be followed.
2.12.9 Aerify at least two (2) times per year, in April and August, or more frequently if
needed, and remove plugs the same day. Aerification shall be carried out with
a minimum of interference to play. Aerification shall be scheduled in November
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of each year for the following year in conjunction with the GSM and golf
professional. All aerification hole sizes, with a minimum of 5/8 inch hollow tine
utilized, and spoil locations shall be pre-approved by the GSM. Aerification
holes shall penetrate to a depth of three inches. Care should be taken to have
as minimal disturbance to the turf surface from manual and equipment
applications during aerification process. Aerification for agronomic purposes,
other than annual regularly scheduled aerifications, shall be reviewed and
scheduled with the golf professional to reduce golfer impact.
2.12.10 Following all annual regularly scheduled aerifications, a topdressing sand
material approved by the GSM shall be applied as needed. Application shall be
done with an approved topdressing spreader. Turf irrigation requirements shall
be adjusted during process to ensure proper agronomic conditions are met.
2.13 TEE MAINTENANCE
Maintain all turf in accordance with playability and industry wide standards as
determined by the GSM, observing the following minimum requirements:
2.13.1 Service tees daily by moving tee markers, removing trash and checking
benches and ball washers. Change tee towels and water weekly and keep ball
washers filled to proper level with water and appropriate cleaning agent. Tee
markers shall be moved daily to healthy turf areas, placed at appropriate
direction to play.
2.13.2 Mow tees two (2) times weekly with reel type mower, with baskets, at height of
1/2 inch or a height as recommended by the Tenant and approved by the GSM.
All grass clippings will be collected and dispersed properly for playable
conditions.
2.13.3 Aerify and topdress tees, with sand and mulch pre-approved by the GSM, at
least two (2) times per year, or more frequently if needed, using the appropriate
equipment with the minimum of interference to play. Aerification shall be
carried out with a minimum of interference to play and plugs removed the same
day. Aerification shall be scheduled in November of each year for the following
year in conjunction with the Golf Professional and the GSM. All aerification
hole sizes, with a minimum of 5/8 inch utilized, and spoil locations shall be pre-
approved by the ACR. Care should be taken to have as minimal disturbance to
tee surface from manual and equipment applications during aerification
process.
2.13.4 Fertilization frequency, materials and analysis shall be determined from results
of bi-annual soil nutrient level testing and growing conditions at the time of
treatment. Under normal conditions, 0.25 to 0.75 pounds of actual nitrogen per
thousand square feet shall be applied every six (6) weeks during the active
growth season and every eight (8) weeks during the remainder of the year.
Typically combinations of granular slow release type of materials may be
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utilized.
2.13.5 Repair worn and damaged turf areas as they occur by topdressing, over
seeding or resodding to ensure playability at all times.
2.13.6 Tees shall be overseeded, with approved seed by GSM, following aerification
and before topdressing at a rate of 10.33 Ibs. per thousand square feet of tee
area.
2.13.7 Treat tees for control of insects, disease, weeds and other pests as necessary
to maintain healthy turf.
2.13.8 Trash receptacles are to be emptied daily.
2.13.9 A sand and seed container, approved by the GSM, must be available on all Par
3 holes, for use in repairing divots. A container must be set at each respective
set of tee markers for each hole. Tee divots shall be filled with sand and seed
at a minimum of once per week on all holes and twice per week on par 3 holes.
2.13.10 Ample score card and pencil supplies shall be kept in stock at the scorecard
station between the No. 1 green and the NO.2 tee.
2.13.11 Tee yardage plaques, stations and signs shall be maintained and edged at all
times.
2.13.12 Tee station items, such as markers, signs, trash cans, ball washers, etc. shall
be in good condition and repaired or replaced as needed.
2.13.13 Recycle trash containers shall be utilized and all recyclable glass and plastic
bottles and aluminum cans shall be collected and turned into appropriate
recycle centers.
2.14 FAIRWAY MAINTENANCE
Maintain all fairways in accordance with playability and industry wide standards
as determined by the GSM, observing the following minimum requirements:
2.14.1 Mow fairway two (2) times weekly at height of 3/4 inch or at a height as
recommended by the Tenant and approved by GSM.
2.14.2 Aerify all fairways at least one (1) time a year. The equipment used to aerify
the fairways shall be Power Take-Off (PTO) or self engine powered to enable a
three (3) to five (5) inch coring depth (Toro ProCore or equivalent) utilizing
hollow coring, with a minimum of % inch hollow tine, as recommended by the
Tenant and approved by the GSM and cores shall be removed from the
fairways. Aerification shall be scheduled in November of each year for the
following year in conjunction with the Golf Professional and the GSM. All
aerification hole sizes and spoil locations shall be pre- approved by the GSM.
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Care should be taken to have as minimal disturbance to turf surface from
manual and equipment applications during aerification process. Slicing of the
fairways at various intervals is recommended to promote turf growth, improve
water infiltration, and improve salt damage.
2.14.3 Over seed all fairways once per year, in the fall and at a pre- approved date
with the GSM and golf professional, with an 80/20 rye/blue seed mix, pre-
approved by the GSM, at a minimum rate of 450 Ibs. per acre. All seed shall be
slit seeded into the soil to ensure adequate soil and seed contact. A post seed
application of fertilizer (15-15-15 or equivalent) shall be applied with four (4)
weeks of the over seed process at a rate of one (1) Ib per thousand of
nitrogen. Over seed and topdress (or re-sod) worn or bare areas of fairways as
necessary.
2.14.4 Treat turf to control weeds, invasive grasses (i.e. Kukuyu), diseases, insects,
and other pests as necessary to maintain a weed free and healthy turf, and to
eliminate weed infestation.
2.14.5 A proper fertilizing and nutrient program shall be performed per soil testing
recommendations each calendar year. Fertilization shall occur a minimum of
every six (6) weeks during the active growth season and every eight (8) week
during the remainder of the year.
2.14.6 Policing to control litter shall be done on a regular basis for the removal of all
paper, leaves, cans, bottles, tree branches, etc.
2.14.7 Excessive turf clippings shall be dispersed by a method of dragging, baskets,
vacuumed or blown to ensure proper playable conditions are provided.
2.15 ROUGHS MAINTENANCE
Maintain all turf in accordance with playability and industry wide standards as
determined by the ACR, observing the following minimum standards:
2.15.1 Mow one (1) time per week at a height of 1-1/2 inches, or a height as
recommended by the Tenant and approved by the GSM.
2.15.2 Aerify all roughs at least one (1) time per year. The equipment used to aerify
the fairways shall be Power take off (PTO)or self engine powered to enable a
three (3) to five (5) inch coring depth (Toro Pro Core or equivalent), utilizing
hollow tines, with a minimum % inch hollow tine, as recommended by the
Tenant and approved by the GSM. Aerification shall be scheduled in
November of each year for the following year in conjunction with the GSM and
golf professional. All aerification hole sizes and spoil locations shall be pre-
approved by the GSM. Care should be taken to have as minimal disturbance to
green surface from manual and equipment applications during aerification
process. Cores shall be removed from the roughs.
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2.15.3 Overseed and topdress (or resod) worn or bare turf areas as necessary.
2.15.4 Fertilization frequency, materials and analysis shall be determined from results
of bi-annual soil nutrient level testing and growing conditions at the time of
treatment. Fertilization shall occur a minimum of every six (6) weeks during the
active growth season and every eight (8) week during the remainder of the
year.
2.15.5 Treat turf to control weeds, disease, insects and other pests as necessary to
maintain a healthy turf and eliminate weed infestation.
2.16 OTHER TURF AND MAINTENANCE AREAS
These areas consist of areas not detailed above.
2.16.1 All debris such as litter and branches shall be removed from the course.
2.16.2 All yardage, course markers, ropes and stakes, and signage shall be straight
and damage free, and repaired and replaced as needed.
2.16.3 Any item that is a safety hazard shall be repaired or replaced immediately,
2.16.4 Tenant shall submit annually to GSM a written Integrated Pest Management
(IPM) program for the following 12 months detailing annual fertilizer, pesticide,
fungicide and other related applications for the golf course.
2.16.5 Tenant shall be responsible for repair and service of injection machines and
holding tanks (if utilized by Tenant)
2.16.6 Tenant shall utilize wood chipping machinery to produce wood chips from tree
pruning and care. Wood chips may be spread throughout golf course in pre-
approved areas by the GSM. No permanent dumping of course debris, such as
branches, wood stumps, etc. is approved on the property. Tenant is responsible
for costs associated with any removal of debris. Any other course generated
debris such as earthen spoils shall be dispersed at locations and with methods
pre approved by the GSM.
2.16.7 Turf areas surrounding the clubhouse shall be mowed one (1) time per week at
a height of 1-1/2 inches.
2.16.8 Tenant shall provide, at Tenants sole expense and liability, an effective goose
control program to eliminate goose activities, including use of control dog,
motorized hand controlled boats, noise makers, and other methods.
2.17 SAND BUNKERS
2.17.1 Sand bunkers shall be cleaned and raked, by mechanical method or by hand, a
minimum of three (3) times per week.
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2.17.2 Sand depth shall be randomly checked monthly for depth of sand and shall be
maintained no less than four inches (4") deep. Tenant shall submit written
report to City of any bunkers with less than four (4") inches of sand. Additional
sand may be added, at City expense, at City sole discretion.
2.17.3 Turf shall be mechanically edged along sand bunker edges at a minimum
monthly, or more frequently if required, to ensure a neat appearance. Care
shall be taken to maintain the design outline of the bunkers to insure the
integrity of the bunker shape. Chemical control of sand edges through use of a
non-selective herbicide or growth regulator around sand bunkers shall be
allowed with pre- approval of GSM.
2.17.4 Excess sand in the turf surrounding the trap shall be removed on a regular
basis.
2.17.5 A minimum of two (2) to five (5) rakes are to be available, depending on bunker
size, at all sand bunkers at all times. (Color and style subject to GSM
approval. )
2.17.6 Bunker sand shall be cultivated as needed, or at a minimum of once per month,
to ensure sand is not compacted. Methods should be used to not disturb
existing soil below the sand.
2.17.7 All debris such as pine needles and cones, branches and other debris shall be
removed as needed to ensure playable conditions and reduce sand
contamination.
2.17.8 Excessive water ponding and silt accumulated by rain falls and irrigation
applications shall be removed prior to bunker raking.
2.18 CLUBHOUSE AREAS
2.18.1 Shrub Beds
2.18.1.1 Clean up shall occur on a regular basis to ensure that beds are kept free of
trash and debris such as paper, cans and bottles, fallen branches, excessive
leaves and weeds.
2.18.1.2A fertilizer program shall be a minimum of four (4) applications per year or as
needed for health and color.
2.18.1.3 Spent flowers, leaves and other landscape debris shall be removed from plant
areas daily, or as required.
2.18.2 Seasonal Color Beds
2.18.2.1 All color beds shall be regularly cleaned of paper, bottles and cans, fallen
branches, excessive leaves and weeds.
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2.18.2.2Weed control shall be accomplished by use of pre-emergent, selective
herbicides, mulch and manual weeding. A pest control spray program shall be
done as often as necessary for pest control.
2.18.2.3 Beds shall be cultivated by mechanical means on a regular basis or as
required, or as directed by the GSM.
2.18.2.4 Color plants shall be replaced a minimum of twice annually and shall be
performed on a schedule submitted to and approved by the GSM. The
replacement plants shall be 4-inch potted size, spaced per industry standards
and planted with the appropriate soil amendments.
2.18.3 Periphery Areas
2.18.3.1 All periphery areas shall be maintained in a manner consistent to industry
standards to ensure a healthy and aesthetically pleasing appearance at all
times.
2.18.3.2Areas shall be mowed, weeded, cleaned of litter and other debris on a regular
basis (a minimum of once per week). Watering should occur if the area is
covered by the irrigation system.
2.18.3.3 Special attention shall be given to periphery areas adjacent to public roadways
since these areas are highly visible to the general public and constitute a "first
impression" of the overall service level of the course.
2.18.3.4AII areas are to be inspected for erosion problems and repaired as needed.
2.19 PARKING LOTS
2.19.1 Parking lots are to be maintained in a safe condition for use by both vehicles
and pedestrians, and cleaned each day to ensure a clean, crisp appearance
free from litter and debris, including all landscaped planters on or adjacent to
the lots.
2.19.2 All parking lot lighting shall be repaired as needed.
2.19.3 "Disabled Parking" signage and other signage shall be maintained In
accordance with all State, County and local regulations.
2.19.4 All parking lot signage shall remain in place, maintained and readable.
2.20 GRAFFITI
2.20.1 Golf course shall be inspected daily for evidence of graffiti. Special attention
shall be given to restrooms, signs, markers, block walls, curbing, paving, tees,
utility poles/boxes and/or any other structures of fixtures.
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2.20.2 All graffiti shall be eradicated within twenty-four (24) hours of detection.
2.20.3 Graffiti requiring paint over shall be painted over with a color consistent with
that of the original surface.
2.20.4 Graffiti on non-painted surfaces shall be removed by sand or water blasting and
area returned to the pre existing condition.
2.21 COURSE ACCESSORY EQUIPMENT
All accessory equipment must be maintained in a clean, safe, functioning
condition at all times and repainted as required to present an aesthetically
pleasing appearance. Accessory equipment shall include, but not be limited to
the following:
NOTE: Must be same or equal to current types and any changes require
prior approval of the GSM.
Signage, Shoe brushes, Trash receptacles, Ash urns Greens cups, NCGA
Teemarkers, Benches, Sand rakes, Flags and poles, Ball washers, Fairway
yardage poles, and sprinkler yardage markers
2.22 CART PATH/STEPS/RAMPS/WALKWAYS/BRIDGES
2.22.1 To be swept or blown clean of debris every Friday or more often as needed.
2.22.2 Concrete paths to be edged and scraped clean a minimum of one (1) time per
month, or as needed.
2.22.3 Tenant shall identify all potholes and/or other surface damage or defects to be
repaired and report to City. The repair of such areas shall be the responsibility
of the City, at City sole discretion.
2.23 RESTROOMS
2.23.1 Restrooms shall be cleaned and sanitized once daily uSing cleaning and
sanitizing agents recognized for use in public restrooms.
2.23.2 Maintenance shall include, but not limited to: Sweeping and mopping floor,
Cleaning and sanitizing basins, metal fixtures, urinals, toilets, and trash
receptacles; Cleaning and polishing mirrors
2.23.3 Paper supplies shall be checked and restocked daily, or as needed.
2.23.4 Walls, ceilings, screens and windows shall be cleaned monthly, or as needed.
2.23.5 Leaky or malfunctioning fixtures shall be repaired/replaced immediately upon
detection.
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2.23.6 Lighting fixtures are to be checked daily with relamping of faulty fixtures
provided as needed at time of detection.
2.23.7 Restroom floors which are wet for any reason, including mopping, shall be so
marked with proper temporary signage.
2.24 CONSTRUCTION AND/OR REMODELING
Any and all changes in the physical characteristics of any portion of the courses
or structures, such as: addition or removal of sand traps, trees, water hazards,
native vegetation or other features shall require prior approval by the GSM.
3.0 EXTERIOR OF THE CLUBHOUSE, RESTROOM BUILDINGS, STRUCTURES
AND GROUNDS
The City will be responsible for the repairs and maintenance of the building
exteriors. The Tenant shall be responsible for the maintenance and repair of the
Maintenance facility interior.
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EXHIBIT E
GOLF COURSE FEES AND PRICES
Foxtail Golf Course
Scheduled Green Fees
As of August 27,2012