2001/11/13 City Council Resolution (5)RESOLUTION NO. 2001 - 237
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING CERTAIN
AMENDMENTS TO THE PROJECT AGREEMENT AND GROUND LEASE DATED NOVEMBER 24,1998 BY
AND BETWEEN THE CITY OF ROHNERT PARK AND KISCO RETIREMENT COMMUNITIES AND
AUTHORIZING THE CITY MANAGER TO SIGN THE AMENDMENT.
WHEREAS, on November 24, 1998; the City of Rohnert Park (hereinafter referred to as "City") and the Rohnert
Park Wellness Center, LLC (hereinafter referred to as "RPWC "), entered into that certain Project Agreement and Ground
Lease (hereinafter referred to as "Ground Lease ") for a 9.92 acre site located on Medical Center and Rohnert Park
Expressway for the purpose of RPWC developing a Healthcare and Wellness Center Campus; and
WHEREAS, Kisco Retirement Communities (hereinafter referred to as "Kisco') is an industry leader in designing,
building, operating and providing quality housing and healthcare services for Seniors, and has the financial strength and
experience to build and operate a Healthcare Campus; and
WHEREAS, RPWC selected Kisco as the master tenant and developer of the project, and the City approves of
Kisco as a tenant and master developer of the Healthcare Campus; and
WHEREAS, on February 27, 2001, City Council found that the proposed Kisco Senior Independent Living and
Wellness Campus Providing Residents Congregate/RCFE Home Health Care Services is an approved "Other Related
Medical and Healthcare Use" in accordance with Article V.II.1 Section (a)(6) of the RPWC Ground Lease, and required of
Kisco: 1) signing of a City Council approved Development Agreement by February 27, 2003; 2) establishment of timelines
and feasibility criteria for market feasibility assessment in years 3, 5, 7 and 9, and in any event, for Kisco to provide the
Facility within 10 years, and to codify these requirements in the form of a Lease Amendment; 3) to offer units to Rohnert
Park residents before offering them to non - residents; and 4) submission of a phasing plan for the project (which is outlined
in attached Amendment to the ground lease); and
WHEREAS, Kisco has proposed to build the Senior Living and Wellness Campus in two phases, Phase I being
Senior Independent Living Units and Wellness Center operated and/or facilitated by Kisco with a -la -carte health care and
other services provided to tenants upon request at an additional cost, and Phase II being an Assisted Living Facility to be
operated by Kisco; and
WHEREAS, Kisco presented its programming and phasing proposal to the City Council at their September 25,
2001 meeting and the City Council agreed to the phasing proposal concept and directed staff to.prepare the necessary lease
documents; and
WHEREAS, certain amendments to the Ground Lease are necessary to clarify terms of the phased development of
the Senior Living and Wellness Campus and amendments to the ground lease to be used to determine the timing for
development of the required Assisted Living Facility; and
WHEREAS, Kisco agrees to abide by all other terms and conditions, which remain unchanged, of the original
Project Agreement and Ground Lease executed by RPWC on November24, 1998.
NOW, THEREFORE, BE TT HEREBY RESOLVED by the Rohnert Park City Council that the First
Amendment to the Project Agreement and Ground Lease dated November 24, 1998, by and between RPWC, which Project
Agreement and Ground Lease has been assigned to Kisco on this date, is hereby approved in accordance with the new terms
included in the amendments to the ground lease attached hereto; and
BE TT FURTHER RESOLVED by the Rohnert Park City Council that the City Manager is hereby authorized to
sign and execute the Amendment to Ground Lease on behalf of the City.
DULY AND REGULARLY AD D by the Rohnert Park City Council this 13th day of November 2001.
ATTEST:
CITY OF ROHNERT PARK
1,�
puty Clerk
Mayor
AYES: (5) Five - Councilmem NOES: (0) None
Flores, Reilly, Spiro, Vidak- �� =
0 None
Martinez & Mayor Mackenkli q,� ABSTAIN: (0) None