2007/09/11 City Council Resolution 2007-148RESOLUTION NO. 2007 -148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, AUTHORIZING AND APPROVING AMENDMENT NO. 2 TO THE
PARKING LOT IMPROVEMENT AGREEMENT AMONG THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK, ( "CDC ")AND
ARBORS ROHNERT PARK APARTMENTS L.P. ( "ARBORS L.P ")
WHEREAS, on September 13, 2005, the City Council of the City of Rohnert Park approved
Resolution No. 2005 -289 approving a Parking Lot Improvement Agreement (the "Agreement ") by and
between the City, the CDC and Developer which allows for the disposition of an existing Public Safety
Parking Lot to Developer for the Arbors Affordable Housing project in exchange for improvements to
an adjacent City owned parcel for the development of a new Public Safety Lot; and
WHEREAS, on September 13, 2005, the CDC approved Resolution 2005 -14 approving the
Parking Lot Improvement Agreement; and
WHEREAS, an Assignment and Assumption Agreement, dated September 29, 2005, assigned
all of Developers' rights and obligations under, among other things, the Affordable Housing
Agreement, and all attachments thereto (including the Original Agreement) to Arbors Rohnert Park
Apartments L.P., and Arbors L.P. assumed all of Developer's rights, obligations, covenants, and
agreements thereunder, and expressly agreed to be bound by, and perform and observe all terms,
covenants, and conditions applicable to Developer as if Arbors L.P. had been the original Developer
under those agreements; and
WHEREAS, the agreement was amended on September 26, 2006 per City Council Resolution
2006 -242 and CDC Resolution 2006 -23, to reflect additional improvements requested by City staff;
and
WHEREAS, Arbors L.P. is requesting that we amend the agreement to reduce the required
warranty bond period of four (4) years to a period of one (1) year.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Rohnert Park
hereby authorizes and approves Amendment No. 2 to the Agreement by and between the City, CDC
and Arbors L.P.; and
BE IT FURTHER RESOLVED that Amendment No. 2 includes the revised warranty bond
requirement of a period of one (1) year commencing with the notice of completion; and
BE IT FURTHER RESOLVED that the City Manager, or his or her designee, is hereby
authorized and directed to execute the Amendment in the form attached hereto as Exhibit A, subject
to any minor conforming, technical, or clarifying changes approved by the City Attorney, and to
take such actions necessary to adopt this amendment.
DULY AND REGULARLY ADOPTED this I I" day of September, 2007.
ATTEST:
AMENDMENT NO. 2
TO PARKING LOT IMPROVEMENT AGREEMENT
This Amendment No. 2 to the Parking Lot Improvement Agreement is made and entered
into this day of , 2007, by and between the City of Rohnert Park, ( "City "),
the Community Development Commission of the City of Rohnert Park, ( "CDC ") and Arbors
Rohnert Park Apartments L.P., ( "Arbors L.P. ")
WHEREAS, on September 13, 2005, City along with the CDC entered into a Parking
Lot Improvement Agreement with Developer, per Council Resolution 2005 -289 and CDC
Resolution 2005 -14, for the disposition of an existing Public Safety Parking Lot to Arbors L.P.
for the Arbors Affordable Housing Project in exchange for improvements to an adjacent City
owned parcel for the development of a new Public Safety Lot; and
WHEREAS, an Assignment and Assumption Agreement, dated September 29, 2005,
assigned all of Developers' rights and obligations under, among other things, the Affordable
Housing Agreement, and all attachments thereto (including the Original Agreement) to Arbors
Rohnert Park Apartments L.P., and Arbors L.P. assumed all of Developer's rights, obligations,
covenants, and agreements thereunder, and expressly agreed to be bound by, and perform and
observe all terms, covenants, and conditions applicable to Developer as if Arbors L.P. had been
the original Developer under those agreements; and
WHEREAS, Amendment No. 1 was adopted on September 26, 2006 per Council
Resolution 2006 -242 and CDC Resolution 2006 -23, approving and authorizing additional
improvements requested by City staff; and
WHEREAS, the agreement requires that the quality and workmanship of the
improvements be guaranteed for a period of four (4) years by Arbors L.P. and Arbors L.P. is
required to furnish and deliver a warranty bond for a period of four (4) years; and
WHEREAS, according to the terms of the agreement Arbors L.P. is required to furnish
and deliver a warranty bond for a period of four (4) years following the completion and
acceptance of the improvements; and
WHEREAS, the purpose of providing the warranty bond is to guarantee the work
specified in the agreement against any defective work or labor done, or defective materials
furnished ; and
WHEREAS, Arbors L.P. has submitted a request to reduce the required amount of
time for the warranty bond from four (4) years to one (1) year; and
WHEREAS, the City is willing to accept a one (1) year warranty bond; and
NOW, THEREFORE, City and Arbors L.P. mutually agree as follows:
1. SECTION 4.4 OF THE AGREEMENT IS AMENDED AS FOLLOWS:
1. Warranty Bond. Developer shall furnish and deliver a warranty bond in an
amount to match the dollar amount of the Work upon acceptance of the Work and prior to release
of the Performance Bond. The bond shall be in a form acceptable to the City Attorney and City's
insurance carrier and shall guarantee and warranty the Work for a period of one (1) year
following the completion and acceptance thereof against any defective work or labor done, or
defective materials furnished.
2. SECTION 4.5 OF THE AGREEMENT IS AMENDED AS FOLLOWS:
2. Warranty Period; Repair and Reconstruction. Without limiting the foregoing,
Developer- expressly warrants and guarantees all Work performed under this Parking Agreement
and all materials used in the Work for a period of one (1) year after final acceptance in
accordance with Section 3.3. If, within this one (1) year period, any Work or part of any Work
installed or constructed, or caused to be installed or constructed, or caused to be installed or
constructed by Developer, or any of the work done under this Parking Agreement, fails to fulfill
any of the requirements of the Plans or this Parking Agreement, Developer shall, without delay
and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory
part or parts of the Work or Improvement to the satisfaction of the City Engineer. Should
developer fail to act promptly or in accordance with this requirement, or should the exigencies of
the situation require repairs, replacements or reconstruction to be made before Developer can be
notified, City may, at its option, make the necessary repairs, replacements or perform the
necessary reconstruction and Developer shall pay to the City upon demand the actual cost of such
repairs, replacements or reconstruction.
3. All remaining provisions of the Agreement and its Amendment shall remain in force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
the day and year first above written.
CITY OF ROHNERT PARK: DEVELOPER:
By:
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
Per Reso. No. adopted by the City
Council on `
ARBORS ROHNERT PARK L.P., a California
limited partnership
:
Name:
Title:
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF ROHNERT PARK:
By:
(Title)
ATTEST:
reta ry
APPROVED AS TO FORM:
General Counsel
Per CDC Reso. No. __ adopted by the
Commission on
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