1970/04/20 City Council ResolutionRESOLUTION NO. 70-51
RESOLUTION AUTHORIZING AND APPROVING
AGREEMENT BETWEEN THE CITY OF
y. R.:.
PARK AND LORENA MANOR, A LIMITED
PARTNERSHIP, CONCERNING LORENA MANOR
MOBILE HOME PARK
BE IT RESOLVED by the Council of the City of
Rohnert Park that that certain agreement dated the 7th day
DULY AND REGULARLY ADOPTED this 20th day of
CITY OF ROHNti-1,T BAS- -----,
By_
Rayor
AYES: Councilmen Buchanan, Roberts, and Rogers.
NOES: None
ABSENT: —(2) Councilmen Hopkins and Smith
ATTEST:
A G it E E M, E N T
THIS AGREEMENT entered into this 040 day of
1970, hetween the CITY OF ROHNERT PARK, a
municipal corporation, hereinafter referred to as "CITY",
and LORENA MANOR, a limited partnership, with LORRAINE
CURLEY as its general partner, and its principal place of
business at 1380 Lincoln .venue® San Rafael® California,
hereinafter referred to as, VORENA MANOR".
W I T N E S S E T H
WHEREAS, LORENA MANOR is the owner of a large
parcel of real property situated at the southwest corner of
the Rohnert Park Expressway and proposed extension of Country
Club Drive in the City of Rohnert Park, County of Sonoma,
State of California, upon which LORENA MANOR proposes to
construct a mobile home park, and
WHEREAS, it is the policy of the City of Rohnert
Park, to require the construction of necessary public improve-
ments at the time of the development of all parcels of real
property within the City of Rohnert Park® and
WHEREAS, the City has granted to LORENA MANOR a
use permit for the construction of a mobile home park upon its
i
aforementioned real property and has required as a condition
of said use permit, among other conditions, that Country Club
Drive shall be improved per an agreement with the City of
Rohnert Park, and
WHEREAS, the parties desire to execute and approve
this agreement in order to comply with said condition.
NOW, THEREFORE, IT IS AGREED as follows:
A. w
I. Preszn.;t Cron struction of a Portion of Country Club Drive.
IMANCIR agrees to construct, witboi�t cost to the City, the -full
st.re,-t section required by the:? City for Country Club Drive, including
curb, gutter, side walk, and street lights together with water Utilities
for a distance of approximately 550 feet extending south from Rohnert
ark ii_xpressway to the proposed entryway to LORENA MANOR P40BILE HOM:6
PARK in accordance with plans and specifications first approved by the
C.ity of Rohnert Park. Construction of this portion of Country Club
Drive shall, be completed and accepted by the City prior to any occupancy
within the LORI TJA MANOR PARK development®
2. Construction of the Remaining Portion of Country Club Drive.
LCR -,_NA MANOR an-rees to construct that portion of Country Club Drive
extending south from the entranceway of LORENA MANOR MOBILE HOME PARK
to Copeland Creek, a distance of approximately 1,600 feet, in accor-
dance with the following terms, conditions, and requirements:
A. Such right of way for Country Club Drive as may be required
by the City from LORENA MANOR shall be dedicated to the City with-
Out Cost Prior to occupancy of any portion of the LORENA MANOR
MOB ILZ H0M--I PARK.
B. The portion of roadway section to be later constructed
by LOR� -NA MANOR shall consist of the westerly one-half thereof
and shall include curb, gutters, sidewalks, water utilities,street
lights, and such other improvements as may be required by the City
in accordance with plans and specifications first approved by the
City®
C. The construction of said portion of Country Club Drive shall
be completed by LOPa"NA MANOR, its successors and assigns at such
time as may be required by the City® While it is anticipated that
said street section will not be required until such time as the
® 2' -
6evelop7!!ent of aQnining properties warrants the
construction-of saW street, the decision as to when
said street section will be constructed shall he
within the sole and complete discretion of the city.
D. in the event said portion of Country Club
Drive is constructed pursuant to special assessment
district proceedings, LORENA MANOR, its successors and
assigns, as the owners of the adjoining property, agree
to sign a petition requesting the establishment of said
special assessment district and do hereby waive any
right to protest said assessment district proceedings.
Nothing in this agreement shall he construed as re-
quiring the construction of said street section
pursuant to special assessment district proceedings.
3. Bind 1n, on Successors. It is the intention of
the parties that this agreement shall be binding upon LORENP.,
MANOR as the owner of the adjoining property and any successors
in interest to LORENA MANOR in the ownership of said property®
LORENA MAINI'OR agrees that in the event all or any portion of
its adjoining property is sold, LORENA MANOR will require
prior to the completion of said sale, that such successor in
interest shall execute an agreement in writing with the City
agreeing to be bound by the terms and provisions of this
agreement®
4. Effect of Breach, The parties acknowledge that
the City has granted to LORENA MANOR permission for the con-
struction of a mobile home park upon its property as described
above, and that this agreement and the terms and provisions
set forth herein are a condition precedent to the construction
of the mobile home park and the continued use and occupancy
thereof by LORENA MANOR, its successors and assigns@ in the
event that LORENA MANOR, its successors, and assigns, breaches
any of the terms and provisions
use and occupancy of the mobile
terminated and the City shall h
-3--
of this agreement, then said
home park premises shall b,61-1
ave the right to revoke,
s-"n y Pxist-i'n'.g ''-)earn,, its , 'Co refus-e to issue any new permits,
ainp 'ity controlled sewer or water services,
to ci
n' J,e such other ar m� inistraties or legal rey-edies as it inay
Ir ta
,,aeterpline are needed in order to carry out the provisions of
-Lilis agreement.
IN WITNESS WHEREOF THE PARTIES have set their
signatures at the time and place set forth above.
APPROVED:
CITY OF ROHNERT PARK
By
LORE?. MANOR, a limited partner-
s h.
Lorraine Curley
General Partner
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