1987/07/07 Community Development Agency Resolution (4)RONO0002-21/0053R/kf
06/15/87
RESOLUTION NO. 87_10:
RESOLUTION OF THE COMMUNITY DEVELOPMENT AGENCY OF
THE CITY OF ROHNERT PARK, CALIFORNIA,, APPROVING
AND ADOPTING CERTAIN RELOCATION ASSISTANCE
GUIDELINES AND CERTAIN RULES GOVERNING
PARTICIPATION BY OWNERS AND BUSINESS TENANTS AND
ADOPTING A DECLARATION OF RESTRICTIONS IN
CONNECTION WITH THE ROHNERT PARK COMMUNITY
DEVELOPMENT PROJECT
WHEREAS, the Community Development Agency of the City of
Rohnert Park, California (the "Agency") has initiated certain
actions in connection with the preparation and adoption of the
Redevelopment Plan for the Rohnert Park Community Development
Project (the "Redevelopment Plan") which shall be considered for
adoption by appropriate ordinance of the City Council of the City of
Rohnert Park, California (the "City"); and
WHEREAS, the Agency desires, when consistent with the
objectives of the Redevelopment Plan, to give preference to existing
owners and business tenants for re-entry in business in the
redeveloped area; and
WHEREAS, the owners of certain real property and/or
business tenants thereof within the Rohnert Park Community
Development Project may desire to participate in the redevelopment
of that certain property subject to the Redevelopment Plan (the
"Project Area") in conformity with the Redevelopment Plan; and
WHEREAS, the Agency desires, for the benefit of the Agency
and the several purchasers or lessees of lots and parcels of real
property within the Project Area to prescribe certain standards
relating to the use and occupation of such real property; and
WHEREAS, although the implementation of the Redevelopment
Plan is not currently anticipated to result in the displacement of
any persons, it is appropriate at this time for the Agency to adopt
certain relocation assistance guidelines in connection therewith.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF ROHNERT PARK AS
FOLLOWS:
Section 1. The Agency hereby approves and adopts the
Relocatidn Assistance Guidelines as on fila with the Agency
Secretary and incorporated herein by this reference.
Section 2. The Relocation Assistance Guidelines, as
approved in Section 1 of this Resolution, are hereby supplemented
for the purpose of local application by the Agency as follows:
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(a) Any reference to the term "public entity" shall be
deemed to be a reference to the Agency unless the context
otherwise requires.
(b) In accordance with Section 6032 of the Relocation
Assistance Guidelines as on file with the Agency Secretary, the
Agency shall provide relocation advisory assistance. Such
assistance shall be provided in accordance with a specific
relocation plan prepared in accordance with Section 6038 of said
Relocation Assistance Guidelines for each specific development
project which may result in displacement.
Section 3. The Agency hereby approves, and adopts those
certain rules and regulations entitled, "Rules of the Community
Development Agency of the City of Rohnert Park Governing
Participation by Owners and Business Tenants in the Rohnert Park
Community Development Project", attached hereto as Exhibit "A" and
by this reference incorporated herein, and such rules and
regulations shall govern participation by owners and business
tenants in the Rohnert Park Community Development Project.
Section 4. The Agency hereby approves and adopts that
certain declaration of restrictions entitled, "Declaratior�__of.
Restrictions: Rohnert Park Community Development Project," as
attac ed hereto as Exhibit "B" and by this reference incorporated
herein, and such restrictions shall be included in every instrument
executed by the Agency which conveys, transfers or leases real
property within the Project Area.
Section 5. The Agency Secretary shall make said
Relocation Assistance Guidelines, the Rules Governing Participation
by Owners and Business Tenants in the Rohnert Park Community
Development Project and the Declaration of Restrictions available at
the office of the City Clerk of the City of Rohnert Park for
inspection by all interested persons during normal business hours of
the City.
Section 6. This Resolution shall take effect upon
adoption.
ADOPTED AND APPROVED this 7th day of July 1987.
Chairman of the Community
Development Agency of the City of
Rohnert Park, California
(SEAL)
ATTEST:
Secretary of the Community
Development Agency of the City
of Rohnert Park
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STATE OF CALIFORNIA )
COUNTY OF SONOMA ) ss.
CITY OF ROHNERT PARK
I, Lorraine Roberts, Deput4 Secretary of the Community
Development Agency of the City of Rohnert Park do hereby certify
that the foregoing resolution was regularly introduced and adopted
by the Community Development Agency of the City of Rohnert Park at a
regular meeting thereof, held on the 7th day of July , 1987,
by the following vote of the Community Development Agency of the
City of Rohnert Park:
AYES • ( 5) Members Cochran, Hollingsworth, Hopkins Le i nski Eck
NOES: (0) None Members
ABSENT: (0) Nonf'Iembers
ABSTAIN: (0) None Members
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the Community Development Agency of the City of
Rohnert Park this 7th day of 4}u_iy , 1987.
By:
Secretary of the Communi y
Development Agency of the Ci y
of Rohnert Park
(SEAL)
/0053R
RON00002-22/0054R/kf
06/15/87
RULES OF THE COMMUNITY DEVELOPMENT AGENCY OF
THE CITY OF ROHNERT PARK, CALIFORNIA
GOVERNING PARTICIPATION BY OWNERS AND BUSINESS TENANTS
IN THE ROHNERT PARK COMMUNITY DEVELOPMENT PROJECT
SECTION 1. GENERAL
These Rules are promulgated to implement the provisions of
the Redevelopment Plan for the Rohnert Park Community Development
Project (the "Redevelopment Plan") regarding participation by owners
and business tenants in the redevelopment of the redevelopment
project area of the Rohnert Park Community Development Project (the
"Project Area") in conformity with the Redevelopment Plan. These
Rules set forth the procedures governing such activities.
The Community Development Agency of the City of Rohnert
Park (the "Agency") desires and urges participation in the growth
and development of the Project Area in conformity with the
Redevelopment Plan by as many owners and business tenants as
possible. Successors in interest of original participant owners or
business tenants may become participants at any stage with the
written approval of the Agency. The word "owner" used herein shall,
unless the context otherwise requires, include business tenants.
SECTION 2. PARTICIPATION BY OWNERS
The Redevelopment Plan authorizes the Agency to permit
persons who are owners of residential, business and other types of
real property in the Project Area to be given an opportunity to
participate in the redevelopment of the Project Area by the Agency.
Such participation in the redevelopment of the Project Area
includes, in the appropriate circumstances, rehabilitation of
existing improvements, demolition and construction of new
development, acquisition of property which is adjacent to the land
of an existing owner for approved development, acquisition and
assembly of property at other locations within the Project Area for
approved development of an existing owner and the acquisition of the
property of existing owners by the Agency for assembly and
redevelopment by third parties who have previously committed to
develop such property in accordance with the Redevelopment Plan and
the applicable development and land use standards of the City of
Rohnert Park, California (the "City"). However, these Rules shall
not be deemed to confer a right or expectation upon any existing
property owner within the Project Area to obtain the permission,
authorization or assistance from the Agency to participate in the
redevelopment within the Project Area on any parcel of property
which such owner may presently own. The Agency expressly reserves
the discretion to evaluate competing proposals for redevelopment
within the Project Area of existing owners, and in appropriate
circumstances, to withhold or not offer owner participation
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opportunities for existing owners of property in connection with
redevelopment proposals of third parties as approved by the Agency.
A. Participation in an Existing Location
In appropriate circumstances, an owner may participate in
the redevelopment of the Project Area by the Agency in substantially
the same location either by retaining all or portions of his
property, or by retaining all or portions of his property and
purchasing adjacent property from the Agency or from other existing
owners. An owner who participates in the same location may be
required to demolish all or part of his existing structures. In
some instances, the Agency may purchase and demolish such
structures. Such participation shall be subject to an evaluation by
the Agency of the economic feasibility of such a proposal and the
benefits which such a proposal shall confer upon the Project Area.
B. Participation at Different Locations
In appropriate circumstances, the Agency may buy land and
improvements from existing owners, and offer parcels of land for
purchase by other participants or third parties as approved by the
Agency prior to offering such property for sale to the general
public. In such event, an existing owner may participate in the
redevelopment of the Project Area by the Agency at a different
location within the Project Area. Such participation shall be
subject to an evaluation by the Agency of the economic feasibility
of such a proposal and the benefits which such a proposal shall
confer upon the Project Area.
SECTION 3. OWNER PARTICIPATION AGREEMENT
Each owner desiring to participate will be required to
enter into an Owner Participation Agreement with the Agency. Each
Owner Participation Agreement will contain provisions necessary to
insure that the Redevelopment Participation Proposal (as hereinafter
defined) will be carried out, and that the subject property will be
developed or used in accordance with the conditions, restrictions,
rules and regulations of the Redevelopment Plan and the Owner
Participation Agreement. Each Owner Participation Agreement will
require the participant to join in the recordation of such documents
as the Agency may require in order to insure such development and
use. An Owner Participation Agreement shall be effective only upon
approval by the Agency.
SECTION 4. PARTICIPATION PROCEDURE
A. Each owner interested in becoming a participant in the
Rohnert Park Community Development Project must submit to the Agency
a statement indicating such interest ("Statement of Interest")
within twenty (20) days after notification by the Agency that his
property or lease may be acquired by the Agency; provided, however,
that nothing herein shall be deemed to confer a right or expectation
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upon any existing property owner within the Project Area to be
permitted or authorized by the Agency to participate in the
redevelopment of the Project Area in substantially the same
location. The Agency may disregard Statements of Interest submitted
after said twenty (20) day period. In the alternative, the Agency
may in its discretion, proceed to the next step set forth herein
prior to obtaining a Statement of Interest from an owner. The
Agency will next notify each owner submitting a Statement of
Interest of the time within which he may submit to the Agency a
proposal to participate in said Project ("Redevelopment
Participation Proposal").
B. Each Redevelopment Participation Proposal shall
specify the form and manner of participation sought by the owner,
shall set forth an accurate and detailed description of the project
proposed by the owner, and shall include evidence of the proponent's
financial ability to complete his participation in accordance with
the Redevelopment Plan.
C. If , the Agency determines that a Redevelopment
Participation Proposal conforms with the Redevelopment Plan,
approves the Redevelopment Participation Proposal and determines
that the proponent has the ability to complete his participation in
accordance with the Redevelopment Plan, the Agency may offer such
owner or business tenant an Owner Participation Agreement.
D. The following are the minimum Owner Participation
requirements that must be met regarding the property involved:
(i) The proposed development must conform with the
Redevelopment Plan.
(ii) The property shall meet, or shall be brought up to
meet, at the owner's expense, a structural condition equal to or
better than that required for a new structure or improvement of
equivalent size, location, use and occupancy as required by the
building and safety laws and regulations then applicable in the City.
(iii) The improvements as existing or rehabilitated shall
conform to the Redevelopment Plan.
(iv) The owner or business tenant shall demonstrate to the
satisfaction of the Agency that he is financially capable of
performing any and all modifications or rehabilitation or
modernization on the existing property in order that it will conform
to the Redevelopment Plan.
E. The participating owner shall execute an Owner
Participation Agreement in which he shall agree to proceed with the
redevelopment of the property involved in accordance with the
Redevelopment Plan.
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F. In the Owner Participation Agreement, a participating
owner shall agree to remove, demolish, alter, improve or
rehabilitate existing structures and improvements on the property
involved and to thereafter use and maintain the same in such manner
as shall be required by said Redevelopment Plan and the Declaration
of Restrictions.
G. In the Owner Participation Agreement, a participating
owner shall agree to remove or permit the Agency to remove any and
all restrictions existing against the property involved which are
contrary to those contained in the Redevelopment Plan or the
Declaration of Restrictions and to impose or permit the Agency to
impose said Declaration of Restrictions on the property involved.
H. In the Owner Participation Agreement, a participating
owner shall agree to make a part of any lease, rental agreement,
occupancy permit, use or sales agreement pertaining to the property
involved or any other document, a provision that there shall be no
restrictions imposed thereon because of race, color, creed,
religion, sex, marital status, national origin or ancestry.
I. If a participating owner agrees to remove, demolish,
alter, improve or rehabilitate existing structures and improvements
on the property involved in the Owner Participation Agreement, the
participating owner shall also agree to do so within specified time
limits established by the Agency. If the participating owner agrees
to construct new structures, and/or improvements on the property
involved or to remove, demolish, alter, improve or rehabilitate
existing property, the participating owner shall agree to do so only
after plans, specifications and artist's renderings of the building
have been presented to and approved by the Agency. The
participating owner shall also agree to perform such construction,
after said approval, within specified time limits established by the
Agency.
J. All owners who may be offered Owner Participation
Agreements by the Agency, shall enter into such Owner Participation
Agreements within the time limits specified by the Agency.
K. All property owners in the Project Area shall have
access to copies of said Redevelopment Plan and to such other public
records of the Agency as on file with the Agency Secretary during
regular office hours. Such property owners may meet with the Agency
members at any regular or special meeting of the Agency to discuss
the Redevelopment Plan as it affects their property; provided,
however, that such owners shall make a request to meet the Agency
members at least five (5) working days prior to the time set for
such meeting.
L. Each Owner Participation Agreement may contain a
section designating the purchase price of the parcel of property
involved for which the owner of such property shall sell such parcel
in the event the Agency is required to declare a default or a breach
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of any or all of the terms and conditions of the Owner Participation
Agreement, so that, in accordance with the Redevelopment Plan, the
property involved in an Owner Participation Agreement which has been
declared to be in default may be acquired by the Agency for
redevelopment in accordance with the Redevelopment Plan, and upon
such acquisition, the owner or business tenant shall have no further
right to participate by virtue of an Owner Participation Agreement
in the Project Area.
SECTION 5. AMENDMENT TO THESE RULES
The Agency may amend these Rules at any meeting held after
their adoption after giving reasonable notice to owners who have
submitted written request for such notice, and such notice may be
delivered personally or by mail to the last known address of each
such owner shown in the records of the Agency.
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4#A,-A"'y ??-f0
RONO0002-23/0056R/kf
06/15/87
FORM OF DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS:
THIS DECLARATION is made and dated this 7th day of
July 1987, by the COMMUNITY DEVELOPMENT AGENCY OF THE CITY
OF ROHNERT PARK, CALIFORNIA, a public body, corporate and politic of
the State Of California (the "Agency").
WITNESSETH:
WHEREAS, the Agency is the owner of that certain real
property situated in the City of Rohnert Park, County of Sonoma,
State of California, which real property is legally described in
Exhibit "A" attached hereto and incorporated herein by reference, is
within the boundaries of the redevelopment project area known as the
Rohnert Park Community Development Project (hereinafter called the
"Project Area"); and
WHEREAS, the Agency is about to sell, dispose of, convey,
transfer or lease some or all of the parcels of said real property
and desires in that behalf, for the benefit of itself and the
several purchasers or lessees of lots and parcels of said real
property to prescribe certain standards relating to the use and
occupation of such real property.
NOW, THEREFORE, for the uses and purposes herein set forth,
the Agency hereby declares that all deeds, leases and contracts for
the sale, lease, use or transfer of all lots, parcels and portions
of the real property referred to in the recitals hereof shall be
made and accepted upon condition that said land be devoted to the
use provided in the Redevelopment Plan for the Rohnert Park
Community Development Project (the "Redevelopment Plan") and the
following express conditions, provisions, restrictions and covenants
(hereinafter referred to as "conditions"), shall apply to and bind
the grantees thereof, their heirs, executors, administrators,
successors and assigns, and all persons claiming under or through
them, in the development of the real property referred to in the
recitals hereof and each and every lot, parcel or portion thereof
and each and every lot or parcel into which such real property is
subdivided:
1. No building shall be permitted to remain within the
boundaries of the Project Area which does not or cannot be made to
conform to the Redevelopment Plan.
2. Any and all plans for grading, buildings, structures,
appurtenances thereto, landscaping, architectural design, use and
location of buildings shall be submitted to the Agency and approved
by the Agency prior to construction.
3. No buildings, structures and/or appurtenances thereto
shall be placed on any lots so that any portion thereof shall be
closer to the property lines than those setback requirements set
forth in the Redevelopment Plan and/or as required by the applicable
development regulations of the City of Rohnert Park.
4. Off-street parking requirements shall be those set
forth in the Redevelopment Plan and/or the applicable development
regulations of the City of Rohnert Park.
5. No sign shall be permitted to be constructed,
attached, inscribed, affixed or painted on or to any building in the
Project Area unless and until the design for such sign has been
presented to and approved by the Agency as to location, size, design
and construction.
6. The area between the City curb and/or sidewalk and any
structure in the Project Area shall be improved to City of Rohnert
Park specifications and all landscaping located in such area between
the City curbs and any structure shall be maintained by the owner or
owners of the lot as a condition of use.
7. All decisions and approvals or disapprovals by the
Agency herein established shall be final and binding with a right of
appeal as provided in the Redevelopment Plan.
8. All of the foregoing covenants, conditions and
restrictions set forth in the above numbered subparagraphs 1 through
7, inclusive, shall run with the land and shall continue in full
force and effect for a period of forty-five (45) years.
9. There shall be no discrimination against or
segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the premises herein conveyed, nor shall the
grantee himself or any person claiming under or through him,
establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number,
use or occupancy of tenants, lessees, subtenants, sublessees or
vendees in the 'premises herein conveyed. The foregoing covenants
shall run with the land and shall apply to and be forever binding
upon any purchaser, grantee, vendee or lessee of any part of said
property, his heirs, executors, administrators and assigns, and all
persons claiming under or through them.
PROVIDED, FURTHER, that if any covenant or condition or
restriction or paragraph, section, sentence, clause or phrase herein
contained shall become illegal, null or void for any reason, or
shall be held by any court of dompetent jurisdiction to be illegal
or against public policy, the remaining covenants, conditions and
restrictions, paragraphs, sections, clauses or phrases herein
contained shall not be affected thereby and shall remain in full
force and effect.
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PROVIDED, FURTHER, that a breach of any of the foregoing
covenants and conditions shall not defeat or render invalid the lien
of any mortgage or deed of trust made in good faith and for value,
as to said realty or any part thereof, and said covenants and
conditions shall be binding upon and effective against any
subsequent owner of said realty.
IN WITNESS WHEREOF, THE COMMUNITY DEVELOPMENT AGENCY OF THE
CITY OF ROHNERT PARK, STATE OF CALIFORNIA, has executed these
presents the day and year first'above written.
(SEAL)
/0056R
C airman of the Community
Development Agency of the
City of Rohnert Park
Secretary of the Commun' y
Development Agency of the
City of Rohnert Park
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