2005/11/22 City Council Resolution (11)RESOLUTION NO. 2005- 343
A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL
AUTHORIZING AND APPROVING THE CANON MANOR
COST SHARING AGREEMENT FOR
THE CONSTRUCTION OF SEWER
COLLECTION SYSTEM IMPROVEMENTS
WHEREAS, the City and Sonoma County agreed to provide sewer collection
services to the Canon Manor West Assessment District on October 11, 2001; and
WHEREAS, since the execution of that agreement Sonoma County has formed
the Canon Manor West Assessment District and certified an Environmental Impact
Report for improvements; and
WHEREAS, Sonoma County has developed a plan to share costs with the
Southeast Specific Plan Area and Agilent Campus Area to deliver a project that most cost
effectively meets the sewer collection needs of those areas; and
WHEREAS, the Canon Manor Cost Sharing Agreement is consistent with
October 11, 2001 Service Agreement; and
WHEREAS, the City will ultimately own and operate sewer improvements for
Canon Manor and the adjacent areas.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Rohnert Park that Canon Manor Cost Sharing Agreement is hereby authorized and
approved.
DULY AND REGULARLY ADOPTED this 22"d day of November, 2005.
ATTEST:
City Clerk
trFant,►p
CITY OF ROHNERT PARK
Mayo
k
BREEZE: AYE FLORES: AYE SMITH: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
CANON MANOR
COST SHARING AGREEMENT
This Cost Sharing Agreement ( "Agreement "), dated as of , 2005
( "Effective Date "), is entered into by and between the County of Sonoma, a political subdivision of the
State of California ( "County "), Clem Carinalli, an individual ( "Carinalli "); Sonoma Green, LLC, a
California Limited Liability Company ("Sonoma Green "); and KDRP, LLC, a California Limited Liability
Company ( "KDRP ") and the City of Rohnert Park ( "City "), a California municipal corporation. For
purposes of this Agreement, the County, Carinalli, Sonoma Green, KDRP, and City shall be jointly
referred to as "the Parties" or "Parties" and singularly referred as "Party." Carinalli, Sonoma Green and
KDRP shall be collectively referred to as "the Developers" or "Developers."
RECITALS
WHEREAS, the purpose of this Agreement is to fund the design and construction ofthe Camino
Colegio Lift .Station, force main, and gravity main to provide the sewage transmission necessary to serve
the Canon Manor West Assessment District, the Southeast Specific Plan Area, and the Sonoma Green
areas;
WHEREAS, City approved a comprehensive update to its General Plan on July 25, 2001
("General Plan Update ");
WHEREAS, the General Plan Update included the Canon Manor West Assessment District, the
Southeast Specific Plan Area, and the Sonoma Mountain Village, formerly Agilent Campus;
WHEREAS, City and County agreed to provide public wastewater service to the Canon Manor
West Area ("Service Agreement") on October 11, 2001. The Service Agreement requires County to
construct sewer facilities for the Canon Manor West Assessment District and requires City to maintain
the sewer facilities after they are constructed. A true and correct copy of this Agreement is attached
hereto as Exhibit "A ";
WHEREAS, Carinalli represents that he owns or controls the lands known as the Southeast
Specific Plan, described in Exhibit "B" hereto;
WHEREAS, Sonoma Green and KDRP represent that they own or control the lands described in
Exhibit "C," hereto known as South Sonoma Business Park, Sonoma Mountain Village, and/or Agilent
Campus;
WHEREAS, the Parties wish to work together to design, construct, maintain, or own the
following sewage transmission improvements consisting of (a) a sewer lift station located on Camino
Colegio west of the intersection with Mitchell Drive serving all three developments; (b) a gravity main
carrying sewage to the lift; station from Canon Manor West Assessment District development and the
Southeast Specific Plan Area property; (c) a force main carrying sewage from eastward from the lift
station, along Camino Colegio and then northward along Bodway Parkway to the Bodway Gravity Main;
and (d) a gravity main carrying sewage from the aforementioned Bodway Force Main northward along
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COST ALLOCATION CHART
The percentages as to the 10" line are subject to adjustment under Paragraph 5.
County's Proportional Cost
Carinalli Proportional Cost
15.0% or $ 412,579
31.8% or $ 872,421
Sonoma Green Proportional Cost= 53.2% or $1,459,700
Total Estimated Cost = 1001/o or $2,744,700
The dollar amounts in the Cost Allocation Chart are based on the Estimated Cost for the Joint Project.
In the event that Actual Costs, as defined in Paragraph 15 of this Agreement, differ from the Estimated
Cost, each Party shall pay its percentage share of the Actual Cost as set forth in Pugh 15 of this
Agreement.
5. 10" Gravity Line to Sewer Lift Station. The cost sharing as to the 10" Gravity Sewer Line
has been allocated between Carinalli and the County. Sonoma Green may elect to use a portion of the
capacity of the 10" Gravity Line by notifying the County of this election in writing within one hundred
eighty (180) days after execution of this Agreement, in which case each Party's share of the estimated
costs of the 10" Gravity Line shall be re- calculated based on each Party's projected flow in the use of the
10" Gravity Line. Each Party's percentage share of the total project estimated costs and the payments
due under Paragraph 6 will be adjusted accordingly. Payment of the final Actual Costs will be subject to
adjustment pursuant to the provisions contained in Paragraph 1S.
6. Developers' Non - Refundable Deposits and Sureties. Within ten (10) business days of
executing this Agreement, each Developer shall deposit fifteen (15) percent of its share of the Estimated
Cost with County as a non - refundable deposit for the Joint Project and a surety for the 85% balance, as
are set forth herein.
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County
Carinalli
Sonoma Green
Totals
Lift Station &
$121,271
$336,863
$889,317
$1,347,450
Force Main
9%
25%
66%
100%
10" Gravity
$107,625
$322,873
$0
$430,500
Sewer to Lift
25%
75%
0%
100%
Station
15" Gravity
$183,683
$212,685
$570,383
$966,750
Sewer North of
19%
220,/'0
59%
100%
William
Estimated Totals
.$412,5791
$872,421
1 $1,459,700
1 $2,744,700
The percentages as to the 10" line are subject to adjustment under Paragraph 5.
County's Proportional Cost
Carinalli Proportional Cost
15.0% or $ 412,579
31.8% or $ 872,421
Sonoma Green Proportional Cost= 53.2% or $1,459,700
Total Estimated Cost = 1001/o or $2,744,700
The dollar amounts in the Cost Allocation Chart are based on the Estimated Cost for the Joint Project.
In the event that Actual Costs, as defined in Paragraph 15 of this Agreement, differ from the Estimated
Cost, each Party shall pay its percentage share of the Actual Cost as set forth in Pugh 15 of this
Agreement.
5. 10" Gravity Line to Sewer Lift Station. The cost sharing as to the 10" Gravity Sewer Line
has been allocated between Carinalli and the County. Sonoma Green may elect to use a portion of the
capacity of the 10" Gravity Line by notifying the County of this election in writing within one hundred
eighty (180) days after execution of this Agreement, in which case each Party's share of the estimated
costs of the 10" Gravity Line shall be re- calculated based on each Party's projected flow in the use of the
10" Gravity Line. Each Party's percentage share of the total project estimated costs and the payments
due under Paragraph 6 will be adjusted accordingly. Payment of the final Actual Costs will be subject to
adjustment pursuant to the provisions contained in Paragraph 1S.
6. Developers' Non - Refundable Deposits and Sureties. Within ten (10) business days of
executing this Agreement, each Developer shall deposit fifteen (15) percent of its share of the Estimated
Cost with County as a non - refundable deposit for the Joint Project and a surety for the 85% balance, as
are set forth herein.
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whether or not the Party will continue with the Joint Project. If any Party hereto, except City, decides
not to proceed with the Joint Project and follows the notice provisions of this Subparagraph, this
Agreement shall automatically terminate and County shall refund the Developer's payments, less the non-
refundable deposits, within twenty (20) calendar days of the date that County receives any Party's notice
that it is not participating in the Joint Project under this Subparagraph. Developers agree that, due to the
need for County to have a lift station and force main operational by September of 2006, County shall use
the non - refundable deposit funds to expedite design and construction of a station and force main to serve
only Canon Manor West, even if the Joint Project is not built.
(d) Alternate Project in the Event of Termination. In the event that the Joint Project is
terminated as described in Paragraph 11(c), County may proceed with the construction of a lift station
and mains designed to serve only the Canon Manor Assessment District, as is set forth in the Service
Agreement attached hereto as Exhibit "A."
12. Joint Project Construction. County shall obtain all necessary permits to construct the Joint
Project in accordance with the plans and specifications approved by City.
13. Agency Cooperation and Project t?wnership. City and County shall cooperate while the
Project is being constructed to ensure that the Project's construction is.satisfactory to City. County shall
provide fifteen (15) days' advance written notice to City that County intends to issue a "Notice of
Completion." If City has any concerns about the Project, City shall respond to County's intent to issue a
Notice of Completion. If City submits any written concerns about the Project to County, County shall
meet with City and consider City's concerns prior to issuing the Notice of Completion. City shall own
the Project, in perpetuity, upon County's issuance of the Notice of Completion.
14. Indemnification: County shall indemnify, defend, and hold harmless City (including its
elected officials, officers, agents and employees) from and against any and all claims, demands, damages,
liability, costs, and expenses (including court costs and attorney's fees) resulting from or arising out of
County's construction of the Joint Project.
15. Joint Project Accounting. County shall provide an accounting for the Joint Project for the
Actual Cost of the Joint Project to Developers no later than ninety (90) calendar days after County issues
a Notice of Completion for the Joint Project. The accounting shall include a detailed statement of the
portion of the actual engineering and construction costs that each Developer must pay, including any
resolution of construction- related claims.
(a) "Actual Cost." For purposes of this Agreement, "Actual Cost" shall mean any and all
expenses incurred by County related to arriving at and preparing this Agreement, design, construct, and
finalize the Joint Project, including, but not limited to, engineering expenses, surveying, design and
planning work, staff tune, materials, payments to contractors, construction, inspections, expenses
incurred in resolving construction or construction - related disputes, attorney fees for construction
disputes or defects, or any other expense or cost whether monetary or in -kind related to the Joint
Project. All Parties expressly acknowledge that the Actual Cost may exceed the Estimated Cost.
(b) Developer's Overpayment. If, based on the Actual Cost, the accounting reveals that
any Developer's payments under this Agreement exceed Developer's proportional share of the Joint
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Sonoma Green & KDRP, LLC:
Codding Enterprises
Attention: Brad Baker
P.O. Box 6655
Santa Rosa, CA 95406
City: City of Rohnert Park
Attention: Darrin Jenkins
6750 Commerce Boulevard
Rohnert Park, CA 94928
County: Sonoma County Department of Transportation and Public Works
Attention: John Maitland
2300 County Center Drive, Suite B -100
Santa Rosa, CA 95403
and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid.
Changes may be made in the names and addresses of the person to whom notices, bills and payments are
to be made by giving notice pursuant to this Paragraph.
19. No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement and
the Parties do not intend for this Agreement to benefit any third parties.
20. No Assignment of Claims. The Parties warrant and represent that each is authorized to
enter into this Agreement and that neither has made nor caused to be made any assignment of any claim
or cause of action that any Party has or may have in the future against the Parties herein released.
21. Merger. This Agreement contains the entire understanding and agreement between the
Parties with respect to the matters referred to herein. No other representations, covenants, undertakings
or other prior or contemporaneous agreements, oral or written, respecting such matters, which are not
specifically incorporated herein, shall be deemed in any way to exist or bind any of the Parties hereto.
22. Binding Agreement. All Parties hereto acknowledge that it or they are represented by an
attorney, that it or they have had an opportunity to discuss this Agreement with their attorney, and it or
they are fully aware of the contents of this Agreement and acknowledge that it is a legal and binding
agreement.
23. Modifications. Any modification, amendment or waiver of this Agreement must be in
writing and signed by all Parties hereto.
24. Agreement Binds Successors in Interest. This Agreement and the covenants and conditions
contained herein shall apply to, be binding upon and inure to the legatees, devisees, administrators,
executors, legal representatives, assignees, successors, and agents of the Parties hereto, and may not be
altered, amended, modified or otherwise changed in any manner except by a writing executed by the
Parties.
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IN WITNESS WEEREOF, the parties hereto have executed the Agreement as of the Effective
Date.
CITY OF ROHNERT PARK:
'/
Name:
Title:
Per Resolution No. 2005- adopted by
the City Council on November 22, 2005.
ATTEST:
Im
City Clerk
APPROVED AS TO FORM FOR CITY:
By: � 9 J�
ity Attorney
COUNTY OF SONOMA:
:
Tim Smith, Chairperson
Sonoma County Board of Supervisors
ATTEST:
.0
Clerk of the Board
APPROVED AS TO FORM FOR COUNTY:
County Counsel
APPROVED AS TO SUBSTANCE FOR
COUNTY:
:
Department Head
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3K/mjt:r:lagmtsl design tAg051CanonManorCostSharingAgmt 2005 -11 -01 Final.doc
SONOMA GREEN, LLC:
Name
Title:
APPROVED AS TO FORM FOR SONOMA
GREEN, LLC:
Attorney for SONOMA GREEN, LLC
KDRP, LLC:
By:
Name:
Title:
APPROVED AS TO FORM FOR KDRP, LLC:
II ,
Attorney for KDRP, LLC
CLEM CARINALLI:
M I
Clem Carinalli, an Individual
APPROVED AS TO FORM FOR CLEM CARINALLI:
an
Attorney for CLEM CARINALLI
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October 11, 2001
AGREEMENT BETWEEN SONOMA COUNTY
AND THE CITY OF ROHNERT PARK
TO PROVIDE PUBLIC WASTEWATER SERVICE
TO THE CANON MANOR WEST AREA
Recitals
1. This is an agreement (subsequently referred to as the "Agreement") between Sonoma
County and the City of Rohnert Park describing the circumstances under which the Rohnert
Park will provide public wastewater collection, treatment, and disposal services to the Canon
Manor West area. The Canon Manor West area is located in the unincorporated area of
Sonoma County near the intersection of Petaluma Hill Road and the East Cotati Avenue.
The Canon Manor West area is depicted on the map attached as Exhibit A to this Agreement.
2. The City of Rohnert Park is a California City adjacent to the Canon Manor West area.
The Canon Manor West area is within Rohnert Park's sphere of influence, as approved by
the Local Agency Formation Commission. Sonoma County is a California County within
which the Canon Manor West area is currently located.
3. Because existing residential septic systems in the Canon Manor West area have caused
nitrate contamination of groundwater and water wells and other problems, the Canon Manor
West area properties would benefit from (a) public wastewater collection, treatment, and
disposal service and (b) a reliable public potable water supply. Rohnert Park is capable of
and willing to accept, treat, and dispose of wastewater from the properties in the Canon
Manor West area in accordance with the terms of this Agreement. The Penngrove Water
Company, a - privately owned public utility regulated by the California Public Utilities
Commission, is capable of and willing to supply potable water to all properties in the Canon
Manor West area.
4. In order to calculate the proposed parcel assessments for water and wastewater service,
the type of needed improvements to be paid from assessment district bond proceeds must
first be determined, and their cost estimated, and the appropriate charge established for each
parcel specially benefited. The Canon Manor West property owners will subsequently
decide in 2001 whether or not to approve an assessment district that will pay for public
wastewater collection and treatment service and potable water service and related costs.
Page 1 of 12
Exhibit "A" to Cost Sharing Agreement
October 11, 2001
C. The County's receipt of a legally acceptable bid, in an amount equal to or less than the available
assessment district construction budget and funding, for the non -water system portion of the
assessment district improvements.
D. The execution of an agreement in 2001 between the City of Santa Rosa and the City of
Rohnert Park transferring a portion of Santa Rosa's allocation of sewer treatment capacity
( "Interim Agreement ") on terms and conditions that are consistent with the obligations of the City
of Rohnert Park pursuant to this Agreement
If an assessment district is not formed for the Canon Manor West area in 2001 or if the property
owners do not approve the proposed annual maintenance fee, neither Sonoma County nor Rohnert
Park shall have any further obligations under this Agreement, and this Agreement shall automatically
terminate and have no further force or effect. If a mutually satisfactory agreement between Sonoma
County and the Penngrove Water Company for public potable water services is not signed in 2001,
neither Sonoma County nor Rohnert Park shall have any further obligations under this Agreement,
and this Agreement shall automatically terminate and have no further force or effect. If Sonoma
County does not receive a legally acceptable bid, in an amount equal to or less than the available
assessment district construction budget and funding, for the non -water system portion of the
assessment, district improvements, neither Sonoma County nor Rohnert Park shall have any further
obligations under this Agreement, and this Agreement shall automatically terminate and have no
further force or effect.
If an assessment district is formed for the Canon Manor West area in 2001 and if the property owners
approve the proposed annual maintenance fee and if a mutually satisfactory agreement between
Sonoma County and the Penngrove Water Company is signed in 2001 and if Sonoma County receives
a legally acceptable bid within budget for the non -water system portion of the assessment district
improvements, Sonoma County, and if the Interim Agreement provides sufficient sewerage capacity
to the City of Rohnert Park to allow the City of Rohnert Park to comply with the terms of this
Agreement, then Rohnert Park shall fulfill the obligations set forth in the following paragraphs ofthis
Agreement and Sonoma County shall fulfill the obligations set forth in the following paragraphs of
this Agreement. Pending a decision on the formation of an assessment district for the Canon Manor
West area, both Sonoma County and Rohnert Park shall reasonably cooperate with each other on
matters related to the proposed assessment district for the Canon Manor West area.
8. OBLIGATIONS OF ROHNERT PARK IF ASSESSMENT DISTRICT IS FORMED AND THE
PROPERTY OWNERS APPROVE THE PROPOSED ANNUAL MAINTENANCE FEE AND
SONOMA COUNTY AND THE PENNGROVE WATER COMPANY APPROVE A MUTUALLY
SATISFACTORY AGREEMENT AND SONOMA COUNTY RECEIVES CONSTRUCTION
BIDS WITHIN BUDGET.
If an assessment district is formed in 2001 and if the property owners approve the proposed
maintenance fee and if a mutually satisfactory agreement between the Penngrove Water Company and
Sonoma County for a potable water supply is signed not later than December 31, 2001 and if Sonoma
Page 3 of 12
Exhibit "A" to Cost Sharing Agreement
October 11, 2001
At the time of, or before, City operation of the Canon Manor West wastewater system
begins, apply service rules, regulations, and standards; establish user, service, and
connection fees; accept grants of easements for the wastewater system and other land
rights as appropriate; and establish standards for the construction of any new
sanitation facilities that may connect to the Canon Manor West wastewater system.
Rates and charges shall be established, and may be revised in the future.
6. Cooperate reasonably with all entities utilizing the public utility right of way in the
Canon Manor West area.
9. OBLIGATIONS OF SONOMA COUNTY IF ASSESSMENT DISTRICT IS FORMED AND
THE PROPERTY OWNERS APPROVE THE PROPOSED MAINTENANCE FEE OR SEWER
ROAD MAINTE NANCE FEE AND SONOMA COUNTY AND THE PENNGROVE WATER
COMPANY APPROVE .A. MUTUALLY SATISFACTORY AGREEMENT.
If an assessment district is formed in 2001 and if the property owners approve the proposed annual
maintenance fee (or a sewer road maintenance fee) and if a mutually satisfactory agreement between
the Penngrove Water Company and Sonoma County for a potable water supply is signed not later
than December 31, 2001, Sonoma County shall do the following, but only to the extent funds become
available to the County through the proceeds of property owner cash payments on account of
assessments levied or the proceeds of the sale of securities issued pursuant to the Improvement Bond
Act of 1915 or the property owner approved annual maintenance fee:
Complete and approve detailed plans for the design of the wastewater collection
system and access road and coordinate the design ofwater supply improvements to be
installed in the Canon Manor West area. A general description of the wastewater
collection system is. set forth in Exhibit B to this Agreement. The Rohnert Park City
Engineer shall be consulted regularly and shall have the authority to approve,
disapprove, or modify the final design, so that the final design of the wastewater
collection system and emergency potable water supply connection meets city
standards.
2. Complete environmental review pursuant to the California Environmental Quality Act
of the improvements to be installed in the Canon Manor West area.
Acquire the easements needed to construct the water, wastewater, access road,
emergency wastewater supply improvements, and roads sufficient to improve the
roads to the Street Standards, to be installed in the Canon Manor West area, and
convey to the Penngrove Water Company appropriate easements upon substantial
completion of the construction of the water, so that the Penngrove Water Company
will own the water system and associated easements.
Page 5 of 12
Exhibit "A" to Cost Sharing Agreement
Q
October 11, 2001
9. Indemnify, defend and hold harmless the City of Rohnert Park from damages to
property and injury to persons arising from the construction of the wastewater
collection system in Canon Manor West.
10. Impose a sewer road maintenance fee on property owners within Canon Manor West,
in an amount sufficient to allow the County to maintain the roads necessary for the
provision of sewer service by the City of Rohnert Park, if the road maintenance fee
that is pending on the date this Agreement is executed is disapproved by the property
owners.
10. NEW CONSTRUCTION IN CANON MANOR WEST MUST BE APPROVED BY
ROHNERT PARK AND MEET CITY STANDARDS.
Because Canon Manor West is in the sphere of influence of Rohnert Park, and because Rohnert Park
is providing urban services (wastewater collection, treatment, and disposal), and because Canon
Manor West will eventually be annexed into the City of Rohnert Park, the parties agree that all new
construction in Canon Manor West should be, to the extent feasible, consistent with the development
standards of Rohnert Park. To that end, the parties agree that:
1. Sonoma County shall develop a specific plan for Canon Manor West as part o €the update
of its General Plan. Sonoma County shall consider adopting and imposing development
standards for the Canon Manor West Area that are consistent with the City of Rohnert
,Park's development standards for Rural Residential. A copy of the Rural Residential
standards are attached to this Agreement as Exhibit c . Sonoma County shall refer all
applications for development within Canon Manor West to Rohnert Park for review,
comment, and consultation prior to taking action on such applications. Sonoma County
shall issue a building permit for a single family residence within Canon Manor only after
receipt of a written certification from the Rohnert Park City Engineer that the then
applicable sewer connection fee has been paid to the City.
2. Sonoma County shall require, as a condition of development within the Canon Manor
West Area, the dedication of right -of -way to allow construction of roads to the standards
imposed by the City of Rohnert Park. A copy of those standards are attached to this
Agreement as Exhibit n ( "Street Standards ").
3. Sonoma County shall adopt and impose on all lots within the Canon Manor West Area, as
a condition of development, a development impact fee in compliance with the
requirements of Government Code §§ 66000 et seq., that defrays the cost of improving
streets in Canon Manor West to the Street Standards ( "Street Improvement Fee ").
Sonoma County shall establish the fee in an amount sufficient to provide funding to
improve the streets within Canon Manor West to the Street Standards. Sonoma County
Page 7 of 12
Exhibit "A" to Cost Sharing Agreement
October 11, 2001
TO ROHNERT PARK:
City Manager
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, Ca. 94928
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time ofactual
delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and
payments are to be given by giving notice pursuant to this paragraph.
11.4 NO WAITER OF BREACH.
The waiver by County of any breach of any term or promise contained in this Agreement shall not be
deemed to be a waiver of such term or provision or any subsequent breach of the same or any other
term or promise contained in this Agreement.
11.5 CONSTRUCTION AND COUNSEL.
Rohnert Park and County acknowledge that they have each contributed to the making of this
Agreement and that, in the event of a dispute over the interpretation of this Agreement, the language
of the Agreement will not be construed against one party in favor of the other. Rohnert Park and
County acknowledge that they have each had an adequate opportunity to consult with counsel in the
negotiation and preparation of this Agreement.
11.6 NO THIRD PARTY BENEFICIARIES.
Nothing contained in this Agreement shall be construed to create and the parties do not intend to
create any rights in third parties.
11.7 APPLICABLE LAW AND FORUM.
This Agreement shall be construed and interpreted according to the substantive law of California
excluding the law of conflicts. Any action to enforce the terms of this Agreement or for the breach
thereof shall be brought and tried in the County of Sonoma.
11.8 CAPTIONS.
The captions in this Agreement are solely for convenience of reference. They are not a part of this
Agreement and shall have no effect on its construction or interpretation.
11.9 MERGER.
This writing is intended both as the final expression of the Agreement between the parties hereto with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement, pursuant to Code of Civil Procedure Section 1856. No modification of this Agreement
shall be effective unless and until such modification is evidenced by a writing signed by both parties.
Page 9 of 12
Exhibit "A" to Cost Sharing Agreement
October 11, 2001
EXHIBIT A
(map of Canon Manor West area)
Page 11 of 12
Exhibit "A" to Cost Sharing Agreement
ROHNE
THIS
LOCATION MAP
NOT TO SCALE
ROUNDARIES OF
CANON MANOR WEST
ASSESSMENT DISTRICT
Exhibit "A" to Cost Sharing Agreement y I R i i°�
1 A
1
LOCATION MAP
NOT TO SCALE
ROUNDARIES OF
CANON MANOR WEST
ASSESSMENT DISTRICT
Exhibit "A" to Cost Sharing Agreement y I R i i°�
1 A
October 11, 2001
EXHIBIT B
(description of wastewater system improvements)
Page 12 of 12
Exhibit "A" to Cost Sharing Agreement
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H-1 BIT 13 -
CONCE SANITARY SEWER SY!
IMPROVEMENT PLAN
CANON MANOR WEST
ASSESSMENT DISTRIG
COUNTY OF SONOMA
JULY 2001'
LEGEND
BOUNDARY
- - - - PROPOSED RIGHT- OF-WAY
-- - - - - - - - - - EXISTNGLOT UNE
PROPOSED SEWER MAIN. MH,
CIEANOUT. ELOW OIRECTION
------ �- -n-- FORCE MAIN. DIRECTION
PROPOSED EDGE OF PVMT
►�-,� MANHOLE ID/
CO-3 CIEANOUT 10/
36 ASSESSMENT DIAGRAM NUMBER
i
THESE PLANS ARE
HALF SCALE
Exhibit "A" to Cost Sharing Agreement
PREPARED BY
DEPARTMENT OF M4MSIPORTA ON AND PUBLIC W
EDWARD J. WALKER, DIRECTOR
575 ADMINISTRATION OR.. ROOM 117A
SANTA ROSA_ CA 95403
C EXHIBIT C ;..
Comparison of County Rural Residential District (RR) and Proposed
City Rural Residential District (RR) and Rural Estate District (RE)
Development Standards
* Not in current draft ordinance, but proposed to be added.
Land Uses
Agriculture
Permitted
Use Permit
Residential Densi
1 unit/acre
I unit/acre
2 units/acre
Minimum Lot Size
1 acre
40,000 s , ft.
18,000 s . ft.
Minimum Lot Width
80 feet
100 feet
100 feet
Maximum Lot Coverage
35 percent
35 percent *
35 percent
Maximum Building
Height
35 feet
35 feet
35 feet
Setbacks
Community Care
Facility
Permitted with limitations,
larger operations require use
permit
Permitted with
limitations, larger
operations require use
permit
• ` Front Yard
20 feet
50 feet
25 feet
• . Side Yard
5 feet
10 feet
10 feet
• Rear Yard
20 feet
50 feet
25 feet
Residential Parking
1 covered space per unit
2 covered spaces per unit
2 covered spaces per unit
* Not in current draft ordinance, but proposed to be added.
Land Uses
Exhibit "A" to Cost Sharing Agreement
Agriculture
Permitted
Use Permit
Use Permit
Animal Breeding
Permitted with limitations,
larger operations require use
permit
Use Permit
Use Permit
Art Studios
Use Permit
'Administrative Approval
as Home Occupation)
Administrative Approval
as Home Occupation)
Bed and Breakfast
Use Permit
Use Permit
Use Permit
Cemeteries
Use Permit
Not Permitted
Not Permitted
Clubs and Lodges
Use Permit
Not Permitted
Not Permitted
Community Care
Facility
Permitted with limitations,
larger operations require use
permit
Permitted with
limitations, larger
operations require use
permit
Permitted with
limitations, larger
operations require use
permit
Condominiums
Use Permit
Not Permitted
Not Permitted
Day Care Center
Use Permit
Use Permit
Use Permit
Family Day Care
Permitted
Permitted
Permitted
Golf Course
Use Permit
Not Permitted
Not Permitted
Guest House
Permitted
Administrative Approval
Administrative Approval
Home Occupations
Permitted
Administrative Approval
Administrative Approval
Schools
Use Permit
Use Permit
Use Permit
Second Unit
Not Permitted with "Z" District
Administrative Approval
Administrative Approval
Single Family Home
Permitted
Permitted
Permitted
Travel Trailer
Administrative Approval
Not Permitted
Not Permitted
Exhibit "A" to Cost Sharing Agreement
R/W RA
RURAL RESIDENTIAL STREET
CITY OF ROHNERT PARk
EXHIBIT "D"
RURAL RESIDENTIAL STREET
scale: NONE IOat- OCTOBER 2001
Exhibit "A" to Cost Sharing Agreement
LOT 1, AS NUMBERED AND DESIGNATED ON PARCEL MAP NO. 207 -B FILED ON JULY 3,
1974, IN THE OFFICE OF THE COUNTY RECORDER OF SONOMA COUNTY, CALIFORNIA,
IN BOOK 209 OF MAPS, PAGE 27, SONOMA COUNTY RECORDS
Exhibit "B" to Cost Sharing Agreement
EXHIBIT C
LEGAL DESCRIPTION
LANDS OF SONOMA GREEN LLC AND KDRP LLC
TRACT ONE:
PARCELS 1 AND 2, AS SHOWN UPON CITY OF ROHNERT PARK PARCEL MAP NO. 174 AGILENT,
FILED NOVEMBER 6, 2003 IN BOOK 656 OF MAPS, PAGES 19 THROUGH 23, SONOMA COUNTY
RECORDS.
EXCEPTING FROM PARCEL 1, AS SHOWN UPON CITY OF ROHNERT PARK PARCEL MAP NO. 174,
FILED NOVEMBER 6, 2003 IN BOOK 656 OF MAPS, PAGES 19 THROUGH 23, SONOMA COUNTY
RECORDS, THAT PORTION CONVEYED TO THE CITY OF ROHNERT PARK, A MUNICIPAL
CORPORATION IN GRANT DEED RECORDED FEBRUARY 10, 2005, AS INSTRUMENT NO. 2005
017622, SONOMA COUNTY RECORDS.
A.P. NO. 046-051-039,40 & 41
(FORMERLY A.P. NO. 046 -051 -033)
[THIS IS THE SAME DESCRIPTION AS FOUND IN THE GRANT DEED FROM AGILENT TECHNOLOGIES, INC.
TO SONOMA GREEN LLC AND KDRP LLC, AS FILED MARCH 30, 2005 UNDER DOCUMENT NO. 2005 041873,
OFFICIAL RECORDS OF THE COUNTY OF SONOMA]
Q AGorres\2089 \Legal s \LD 1.doc
8/29/2005
PUMP STATIC
(TO BE DEDIC�
SONOMA GREEN
. .........
U
r
D
2300' GRAVITY L,7= L5
SON OMA
STATE FLI
UNIVERSITY
S E AREA L-J
I C A R L E N Z 0 L I
A N D
I As
s
o C I A
T E S
907-FORCEMAIN—EXHB.dwg COPYRIGHT 0 2005 CARLENZOLI 'neers -
Land
Surveyors -
Planners
Exhibit "D" to Cost Sharing Agreement
TOTAL PROJECT
ESTIMATE OF
PROBABLE CONSTRUCTION COST I
ROJB : TOTALPROJECT (at Sonoma Green
(-0&d6R,,Munor pump Station 850 fa
DATE PREPARED
Jul 28 2005
O.• JOB
im) 2- 251601 -0
Ro o
OUNTY OF SONOMA
TI BY:
MM
Check B
MS
QUANTITY
ENGINEERING
ESTIMATE
ESCRIPTION
NUMBER I
UNIT
UNIT COST
TOTAL
Mobilization/Demobilization
1
LS
$ 110,000.00
$ 110,000.00
Traffic Control
1
LS
$ 50,000.00
$ 50,000.00
Site Pre amtion
1
LS
$ 5,000.00
$ 5,000.00
AC Pavement & Aggregate Base
500
SF
$ 8.00
$ 4,000.00
Driveway
1
LS
$ 1,500.00
$ 1,500.00
Earthwork
750
CY
$ 20.00
$ 15,000.00
Traffic Bollards
4
EA
$ 300.00
$ 1,200.00
Wet Well Shoring
600
SF
$ 10.00
$ 6,000.00
Valve Box
2
EA
$ 4,000.00
$ 8,000.00
Pump Discharge Isolation Valve
2
EA
$ 800.00
$ 1,600.00.
Pump Discharge Check Valve
2
EA
$ 1,200.00
$ 2,400.00
Force Main Isolation Valve
1
EA
$ 1,300.00
$ 1,300.00
Miscellaneous Piping, fittings, and valves
1
LS
$ 10 000.00
$ 10,000.00
Pump Station Wet Well
1
LS
$ 30 000.00
$ 30,000.00
Coatings & Linings
1
LS
$ 8,000.00
$ 8,000.00
Submersible Pumps & Rails 25 HP
2
EA
$ 25,000.00
$ 50,000.00
Generator & Control Building
1
LS
$ 125,000.00
$ 125,000.00
Standby Generator, 75kW- Diseil Fired
1
EA
$ 75,000.00
$ 75,000.00
10" SDR 35 Gravity Sewer
2,300
LF
$ 90.00
$ 207 000.00
15" SDR 35 Gravity Sewer
4,450
LF
$ 110.00
$ 489 500.00
Daul 8" Sewer Force Main
4,100
LF
$ 90.00
$ 369,000.00
Sanitary Sewer Manholes
27
EA
$ 5,000.00
$ 135,000.00
Sanitary Sewer Cleanouts
2
EA
$ 1,200.00
$ 2,400.00
Sanitary Sewer Pigging Station
1
LS
$ 8,000.00
$ 8,000.00
Odor Control System
1
LS
$ 10 000.00
$ 10,000.00
Fencing
330
LF
$ 30.00
$ 9,900.00
Electrical
1
LS
$ 50,000.00
$ 50,000.00
Flow Meter, Ma etic includes vault
1
EA
$ 5,000.00
$ 5,000.00
strumentation & Controls
1
LS
$ 30,000.00
$ 30 000.00
Contractor Startup & Testing
1
LS
$ 10,000.00
$ 10,000.00
Subtotal
$ 1,829,800.00
+ 20% Engineering & Construction Services
$ 36-51-96-0-0- 0
+ 30% Construction Contingency
$ 548,940.00
PROJECT TOTAL
$ 2-,744,70-0.00
Exhibit "E" to Cost Sharing Agreement
QXweA1907Wt ,c-1 s�*awxe„07- 28-05 C— Ckem).,ds 0 of 5)
GRAVITY SEWER IN CANUNO COLEGIO
Exhibit "E" to Cost Sharing Agreement
QACorresV 907Msa\Cost Estimate Rev 07_28 -05 (Sonoma Green).As (3 of 5)
3
DATE PREPARED
Jul 28 2005
CIP NO.: JOB NUMBER
2- 251601 -001
ESTIMATE OF
PROBABLE CONSTRUCTION COST
PROJECT TITLE: GRAVITY SEWER IN CAMINO COLEGIO
Canon Manor Pump Station ( at Sonoma Green 1,850 gpm)
R JECT OWNER:
OUNTY OF SONOMA
ESTIMATE BY
MM JIMS
Check By:
1 ANTITY
ENGINEERING
ESTIMATE
DESCRIPTION
NUMBER
UNIT
UNIT COST
TOTAL
Mobilization/Demobilization
1
LS
$ 20,000.00
$ 20,000.00
Traffic Control
1
LS
$ 15,000.00
$ 15,000.00
10" SDR 35 Gravity Sewer
2,300
LF
$ 90.00
$ 207,000.00
Sanitary Sewer Manholes
9
EA
$ 5,000.00
$ 45,000.00
Subtotal
$ 287,000.00
+ 20% En ineerin &Construction Services
$ 57,400.00
+ 30% Construction Contingency
$ 86,100.00
PROJECT TOTAL
$ 430,500.00
Exhibit "E" to Cost Sharing Agreement
QACorresV 907Msa\Cost Estimate Rev 07_28 -05 (Sonoma Green).As (3 of 5)
3
C A R L E N Z O L I
16NALM AND
LA S S O C I A T E S
Civil Engineers - Land Surveyors - Planners
ALTERNATE 5
Sewer Generation Figure Summary for Canon Manor + SE + Sonoma Green - 07/21/05
TOTAL PROJECT
Item
Canon
Sonoma
Sonoma
SE
Green
Manor
SE
Green
100
Area (acres)
219
75
145
No. of Lots - Existing
228
-
-
107
No. of Lots - Proposed
336
560
1,800
504,612
Persons / Unit
2.62
2.62
2.62
2.80
_Gallons / Person -Day
107
107
107
96
Dry Avg Daily Flow (gpd)
94,194
156,990
504,612
1 1,089,252
]Dry Avg Daily Flow m
65
109
350
2.34
Infiltration (Basis)
1.10
2.80
2.80
Infiltration (gpd)
346,896
302,400
584,640
255
Infiltration m
241
210
406
9,569
Wet Avg Daily Flow (gpd)
441,090
459,390
1,089,252
Wet Avg Daily Flow m
306
319
756
159
Peaking Factor
2.34
2.34
2.34
66%
Dry Peak Flow (gpd)
220,414
367,357
1,180,792
Dry Peak Flow (gph)
9,184
15,307
49,200
Dry Peak Flow m
153
255
820
Wet Peak Flow (gpd)
5
,4
Wet Peak Flow (gph)
23,638
27,907
73,560
Wet Peak Flow m
394
465
1,226
Commercial Component
01
0
0
Total m
394 1
465
1 .1,226
2,085
19%
22%
59%
Given Factors
107 gal /per /day
2.62 per / unit
Peaking Factor: 2.34
PUMP STATION ONLY
Canon
Sonoma
Manor
SE
Green
87
75
145
100
-
-
140
560
1,800
2.62
2.62
2.62
107
107
107
39,248
156,990
504,612
27
109
1 350
1.10
2.80
2.80
137,808
302,400
584,640
96
210
406
177,056
459,390
1 1,089,252
123
319
756
2.34
2.34
2.34
91,840
367,357
1,180,792
3,827
15,307
49,200
64
255
820
9, 4
669,757
9,569
27,907
7,4
159
465
01
01
0
159
E 465
1 1,226
9%1
25%
66%
1 851
Carlenzoli & Associates
Civil Engineers, Land Surveyors and Planners
325 Tesconi Circle
Santa Rosa, CA 95401
Tel: 707- 542 -6465
Fax: 707542 -1645
Peaking Factor for Pump Station
Lots 140 +560 +1,800 = 2,500 x 2.62 per /lot = 6,631 people
Peaking Factor (Santa Rosa) = 2.34
4: \Corres\1907 1Misc\SewerAnalysis_09.xis Exhibit "E" to Cost Sharing Agreement
(5 of 5)