2013/10/08 City Council Resolution 2013-140RESOLUTION NO. 2013 -140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING EXECUTION OF A DEDICATION OF PUBLIC IMPROVEMENTS
AGREEMENT WITH THE FEDERATED INDIANS OF GRATON RANCHERIA AND
APPROVING A CERTIFICATE OF ACCEPTANCE
WHEREAS, Resolution 2012 -78 passed by the City Council on June 12, 2012, approved
a Joint Exercise of Powers Agreement (JEPA) by and between the City of Rohnert Park and the
Federated Indians of Graton Rancheria for wastewater services;
WHEREAS, the aforementioned JEPA requires that the Tribe provide for, develop, and
construct wastewater infrastructure within the City limits, including a new wastewater force main
line to serve the Graton Rancheria Casino project;
WHEREAS; under the JEPA the Tribe must: (1) provide written certification from the
engineer and architect of record that the wastewater force main has been constructed in
accordance with the Regulations, (2) allow inspection of the development plans, work done and
materials furnished for the wastewater force main, (3) receive approval by the City that the sewer
force main conforms with the Regulations, and (4) irrevocably offer to dedicate these facilities to
the City;
WHEREAS, the Parties clarified the scope and order of work required by the JEPA in
the Wastewater JEPA Implementation Agreement dated August 1, 2013;
WHEREAS, the Tribe has provided written certification from its engineer, the City has
inspected the work and approved it, and the Tribe has made an Irrevocable Offer of Dedication
for the wastewater force main infrastructure within the City limits in the form of a Dedication of
Public Improvements Agreement ( "Dedication ");
WHEREAS, the JEPA requires that the City Manager bring a Resolution accepting
Tribe's Dedication before the City Council for approval; and
WHEREAS, the City desires to accept the Tribe's Dedication, subject to the Tribe's
compliance with the terms of the JEPA;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park
that it does hereby resolve, determine, find and order as follow:
Section 1. Incorporation of Recitals. The recitals to this Resolution are true and correct and
material to this Resolution.
Section 2. Execution of Agreement. The City Council of the City of Rohnert Park hereby
authorizes and directs the Mayor to execute the attached Dedication, in substantially similar form
JH- S:05 -d
as provided for in Attachment A hereto subject to minor modification by the City Attorney,
which is incorporated by this reference, from Federated Indians of Graton Rancheria.
Section 3. Certificate of Acceptance. The City Council of the City of Rohnert Park hereby
accepts the wastewater force main granted by the Dedication and authorizes and directs the City
Manager to execute a Certificate of Acceptance, for and on behalf of the City of Rohnert Park, in
substantially similar form as provided for in Attachment B, which is incorporated by this
reference.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 8"' day of October 2013.
CITY OF ROHNERT PARK
Pam Stafford, May
ATTEST:
"" L,
#Anne Buergler, City Clei c
Attachments:
A) Dedication of Public Improvements Agreement with Attachments
B) Certificate of Acceptance
AHANOTU:AYE BELFORTE: AYE MACKENZIE: AYE CALLINAN: ABSENT STAFFORD: AYE
AYES: ( 4 ) NOES: ( 0 ) ABSENT: ( I ) ABSTAIN: ( 0 )
Page 2 of 2
2013 -140
OFFICIAL BUSINESS.
Document entitled to free
recording per Government
Code § 6103 and § 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF ROHNERT PARK
c/o City Clerk
130 Avram Avenue
Rohnert t ar , CA 94928
Attachment A
SPACE
DEDICATION OF PUBLIC IMPROVEMENTS AGREEMENT
This Dedication of Public Improvements Agreement ( "Dedication Agreement ") is made
this day of , 2013 by and among THE FEDERATED INDIANS OF
GRATON RANCHERIA, a federally recognized Indian tribe ( "Grantor "), and THE CITY OF
ROHNERT PARK, a California municipal corporation ( "City" or "Grantee ").
RECITALS
This Dedication Agreement is made with reference to the following facts and objectives:
A. On June 22, 2012, the Parties entered into that certain Joint Exercise of Powers
Agreement by and between City of Rohnert Park and Federated Indians of Graton Rancheria for
Wastewater Services, which set forth Grantor's obligations with respect to the development and
construction of certain Dedicated Facilities, and with respect to the dedication of the Dedicated
Facilities to Grantee (capitalized terms that are not defined herein are as defined in the
aforementioned Joint Exercise of Powers Agreement).
B. The Dedicated Facilities consist of an 8" Wastewater Force Main and
ancillary improvements, as more particularly described and depicted in Exhibit A attached
hereto.
C. The Parties hereby acknowledge that Grantor has completed satisfactorily all
conditions precedent to Grantee's acceptance of the Dedicated Facilities as provided in the
Agreement.
AGREEMENT
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. Grant of Dedicated Facilities. Grantor hereby grants to Grantee those certain
Dedicated Facilities located in the City of Rohnert Park, County of Sonoma, California, as more
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particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this
reference.
2. Time And Manner Of Acceptance.
2.1 The Dedicated Facilities may be accepted by Resolution of the City
Council of the City of Rohnert Park.
2.2 This Dedication Agreement shall remain in effect until accepted by
Resolution of the City Council. This Dedication Agreement may not be terminated, or the right
to accept the Dedication Agreement abandoned, except by Resolution of the City Council.
2.3 Upon acceptance of the Dedicated Facilities, the City shall mail, by U.S.
certified postal, a copy of its Resolution of Acceptance to the Grantor.
3. Notices. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service; (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express,
which provides a receipt showing date and time of delivery; or (iii) mailing in the United States
Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the
party as set forth below or at any other address as that party may later designate by notice:
To City: City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928 ( n AVIV V --
r
Attention:
To Grantor: Federated Indians of Graton Rancheria
6400 Redwood Drive, Suite 300
Rohnert Park, California 94928
4. 'Waiver of Compensation. Grantor hereby expressly and unconditionally waives
any and all right to claim, demand, or receive any further compensation for the Dedication which
Grantor may be eligible to receive under the California Relocation Assistance Act (Government
Code §7260, et seq.), the article 1, § 19 of the California Constitution, the California Eminent
Domain Law (Code of Civil Procedure §1230.010, et seq.), and /or the California Code of
Regulations, Title 25 or other applicable local, state, or federal statute, ordinance, regulation,
rule, or decisional law (collectively "Compensatory Laws "), including, but not limited to, the fair
market value of the property, severance damages, loss of goodwill, loss of profits, or relocation
benefits and assistance, or claims for unreasonable preeondemnation activities or inverse
condemnation, or any other compensation as a result of the City's requirement of the Dedication
and /or acceptance of the Dedication. Furthermore, Grantor hereby expressly releases the City of
Rohnert Park, and their respective officials, officers, employees, representatives, successors and
assigns, from any liability, responsibility, or obligation to pay any furtber compensation for the
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City's requirement of the Dedication and /or acceptance of the Dedication which Grantor may be
eligible to receive under the Compensatory Laws as a result thereof.
5. Authority To Execute. The person or persons executing this Dedication
Agreement on behalf of Grantor warrants and represents that he /she /they has /have the authority
to execute this Dedication Agreement on behalf of the tribe and warrants and represents that
he /she /they has/have the authority to bind Grantor to the performance of its obligations
hereunder.
6. Counterparts. This Dedication 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.
7. Recitals; Exhibits. The Recitals above and Exhibits attached hereto are
incorporated herein by reference.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year
first written above.
GRANTOR: Federated Indians of Graton
Rancheria
Name:
Title:
(Proper Notarization of signature is required
and shall be attached)
GRANTOR:
By:
Name:
Title:
(Proper Notarization of signature is req
and shall be attached)
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CONSENT BY: City of Rohnert Park
By:
Name:
Title: Citer
(Proper Notarization of signature is
required and shall be attached)
ATTEST:
JoAnne Buergler, City Clerk
STATE OF CALIFORNIA )
ss.
COUNTY OF ! �' r-r) gg-A )
On 2013 before me,. iL LL, ,_, , 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 af` otary Public
STATE OF CALIFORNIA
j ss.
COUNTY OF }
MARI
ConnMr>rton N 202�i1�
Hoary Public.- CIftrMA
sononw County
(Seal)
On . 1 2013 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 of Notary Public
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(Seal)
EXHIBIT A
Dedicated Facilities
Approximately 3,140 feet of new 8" Wastewater Force Main installed per the City of Rohnert
Park's standards. From the southeastern boundary of the Graton Rancheria Casino Project site
running east along Business Park Drive then turning south on Redwood Drive and then turning
west on J. Rogers Lane where it terminates in at a manhole in front of the City of Rohnert Park
pump station.
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ATTACHMENT B
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in that certain infrastructure conveyed by the Dedication of
Public Improvements Agreement dated from the Federated Indians of Graton
Rancheria, a Federally recognized Indian tribe, to the City of Rohnert Park, a municipal
corporation, is hereby accepted by the City Manager on behalf of the grantee pursuant to
authority conferred by Resolution No. 2013- of the City Council of the City of
Rohnert Park adopted on October 8, 2013.
Dated: , 2013 By:
ATTEST:
BY:
JoAnne Buergler, City Clerk
Name:
Its: Gabriel Gonzalez, City Manager
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , 20, before me,
the undersigned, personally appeared _
( ) personally known to me
( ) proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) (is /are) subscribed to the within instrument and acknowledged
to me that (he /she /they) executed the same in (his /her /their) authorized capacity(ies), and that by
(his /her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal:
Signature