2016/10/25 City Council Ordinance 900ORDINANCE NO. 900
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA APPROVING A
SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ROHNERT PARK AND UNIVERSITY DISTRICT LLC AND VAST OAK
PROPERTIES L.P. REGARDING THE CONSTRUCTION OF TWIN CREEKS PARK
AND A POTABLE WATER TANK
WHEREAS, Government Code § 65864, et seq., authorizes the City of Rohnert Park
to enter into development agreements which will provide certainty, definition and
commitment to developers as well as provide for necessary public improvements required by
development;
WHEREAS, Vast Oak Properties L.P. and University District LLC (collectively,
"Developer") submitted applications to the City of Rohnert Park for a General Plan Amendment,
Specific Plan, Tentative Map and rezoning for real property located south of Keiser Avenue,
west of Petaluma Hill Road, and north of Rohnert Park Expressway and the property located
south of Rohnert Park Expressway, east of J section, and north of Copeland Creek, (the
"Property");
WHEREAS, on April 8, 2014, the City Council approved those applications allowing
development of the Property, which includes 1,645 residential units, approximately 100,000
square feet of commercial space, and approximately 20 acres of park and open space (the
"Project");
WHEREAS, in connection with the Project, Developer and City staff negotiated a
development agreement ("Development Agreement") in accordance with the requirements of
Government Code § 65864, et seq., and Chapter 17.21, "Development Agreement Procedure,"
of the Rohnert Park Municipal Code ("RPMC"), for the Property;
WHEREAS, on April 8, 2014, the City Council reviewed and approved an Addendum to
certified the Final Environmental Impact Report prepared for the Project; and has otherwise
carried out all requirements for the Project pursuant to CEQA;
WHEREAS, on April 22, 2014, the City Council considered and adopted Ordinance No.
878 approving a Development Agreement between the City of Rohnert Park and Vast Oak
Properties L.P. and University District LLC;
WHEREAS, on January 12, 2016, the City Council considered and adopted Ordinance
No. 894 approving a the first amendment to the Development Agreement between the City of
Rohnert Park and Vast Oak Properties L.P. and University District LLC;
WHEREAS, the Developer filed Planning Application No. PL2012-048DA Amend
proposing a second amendment to the Development Agreement between the City of Rohnert
Park and the Developer ("Development Agreement Amendment"), in connection with Specific
Plan for the property located south of Keiser Avenue, west of Petaluma Hill Road, and north of
Rohnert Park Expressway and the property located south of Rohnert Park Expressway, east of J
1
Ord. 900
section, and north of Copeland Creek;
WHEREAS, on September 29, 2016, 2015 the Planning Commission held a public
hearing at which time the Planning Commission reviewed the proposed Development Agreement
Amendment and recommended approval by the City Council;
WHEREAS, pursuant to California State Law and the RPMC, public hearing notices
were mailed to all property owners within an area exceeding a three hundred foot radius of the
subject property and a public hearing was published for a minimum of 10 days prior to the first
public hearing in the Community Voice;
WHEREAS, on October 11, 2016 the City Council held a public hearing at which time
interested persons had an opportunity to testify either in support or opposition to the proposed
Development Agreement Amendment;
WHEREAS, the City Council has reviewed and considered the information contained in
proposed Development Agreement Amendment.
NOW, THEREFORE the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Findings for Adoption of Development Agreement Amendment
The City Council has reviewed Planning Application No. PL2012-048DA Amend and the
proposed Development Agreement Amendment and hereby makes the following findings:
A. A duly noticed public hearing regarding the proposed Development Agreement
Amendment was held by the City Council on October 11, 2016 in conformance with the notice
provisions of Government Code §§ 65090 and 65091 and the requirements of the RPMC.
B. The Development Agreement Amendment (attached as Exhibit A) is consistent with
the General Plan and the University District Specific Plan and would continue to direct the
Project's development in an orderly manner that benefits the City.
C. Pursuant to RPMC Section 17.21.040, the following factors have been taken into
consideration, as applicable, with respect to the Development Agreement Amendment: other
pending applications and approved projects; the traffic, parking, public service, visual, and other
impacts of the proposed development project upon abutting properties and the surrounding area;
ability of the applicant to fulfill public facilities financing plan obligations; the relationship of the
project to the city's growth management program; the provisions included, if any, for reservation,
dedication, or improvement of land for public purposes or accessible to the public; the type and
magnitude of the project's economic effects to the city of Rohnert Park; and the contribution if
any toward meeting the city's housing needs.
D. The City Council has certified a Final Environmental Impact Report for the
University District Specific Plan, which evaluated the impacts of the Project, including
implementation of this ordinance, and adopted associated CEQA Findings, a Statement of
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Ord. 900
Overriding Considerations, and the Mitigation Monitoring and Reporting Program in Resolution
No. 2006- 141. Further, an Addendum to the Final Environmental Impact Report was approved
in Resolution No. 2014-032. The proposed Development Agreement Amendment involves no
substantial changes in the project, substantial changes with respect to the circumstances under
which the Project will be undertaken or new information of substantial importance of the kind
that would require additional environmental review pursuant to Section 15162 of the CEQA
Guidelines.
SECTION 2. Adoption of Development Agreement Amendment
The City hereby adopts the Development Agreement Amendment in substantially similar
form as attached hereto and incorporated herein as Exl}ihit A.
SECTION 3. Compliance with State Law
A. The City will act in accordance with the provisions of Government Code §§
65856(e) and 66006.
B. In accordance with Government Code §§ 65868.5, no later than 10 days after the
City enters into the Development Agreement Amendment, the City Clerk will record the
Development Agreement Amendment with the County Recorder.
C. In accordance with Government Code §§ 65865.1 and RPMC Section
17.21.050(A), the City will conduct an annual review of the Development Agreement, as
amended by the Development Agreement Amendment, to ensure compliance with the terms.
SECTION 4. Actions to Effectuate.
The City Manager is hereby authorized and directed to provide written consent and
certifications, execute documents and take other actions on behalf of City, which are not
expressly and specifically reserved for the City Council, to implement and effectuate the terms of
the Development Agreement, as may be amended.
SECTION 5. Severability.
The City Council hereby declares that every section, paragraph, sentence, clause, and
phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this
ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or
unconstitutionality shall not affect the validity or constitutionality of the remaining sections,
paragraphs, sentences, clauses, or phrases.
SECTION 6. Effective Date.
This ordinance shall be in full force and effective 30 days after its adoption, and shall be
published and posted as required by law.
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Ord. 900
This ordinance was introduced by the Council of the City of Rohnert Park on October 11,
2016, and was adopted on October 25, 2016 by the following roll call vote:
AYES: Four (4) Councilmembers Ahanotu, Stafford, Mackenzie and Mayor
Belforte
NOES: None (0 )
ABSENT: One (1) Councilmember Callinan
ABSTAIN: None (0 )
CITY OF ROHNERT PARK
C r �
ATTEST:
i
h
oAnne Buergler, City Clerk
Attachment: Exhibit "A'
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Ord. 900
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928-2486
Attention: City Clerk
Space Above This Line Reserved for Recorder's Use
Exempt from Recording Fee Per Government Code Section 27383
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second
Amendment") is entered into as of the day of . 2016, by and among
UNIVERSITY DISTRICT LLC, a Delaware limited liability company ("UD"), VAST OAK
PROPERTIES L.P., a California limited partnership ("VO") and the CITY OF ROHNERT
PARK, a California municipal corporation ("City"). UD and VO are sometimes collectively
referred to herein as "Developer," and City and Developer are sometimes herein referred to as a
"Party" and collectively as "Parties."
RECITALS
A. The Parties have previously entered into that certain Reimbursement Agreement
by and among UD, VO and the City as of January 10, 2006 ("Reimbursement Agreement")
B. The Parties have previously entered into that certain Amended and Restated
Development Agreement by and among UD, VO and the City as of April 22, 2014 and recorded
on July 28, 2014, as Instrument No. 2014051817 in the Official Records of Sonoma County
("Original Development Agreement").
C. The Parties entered into a First Amendment to Development Agreement dated as
of February 11, 2016 and recorded on January 19, 2016 as Instrument No.2016003747 in the
Official Records of Sonoma County, in order to amend Exhibit D regarding the timing of
affordable housing obligations (the ""First Amendment"). The Original Development
Agreement, as amended by the First Amendment, is referred to herein as the "Development
Agreement."
D. Developer has entered into a number of Assignment and Assumption Agreements
to assign certain rights and obligations under the Development Agreement. Developer has
retained, however, all obligations with respect to City dedications and acquisitions, as set forth in
Section 4.10 of the Development Agreement and the construction of Twin Creeks Park, as set
forth in Section 4.12(A) of the Development Agreement.
E. Concurrent with the approval of Vast Oaks Phase 1-A through 1-D Final Maps,
OAK #4822-1317-6631 v5 1
the Developer has posted Performance and Labor and Materials bonds in the amount of Two
Million Four Hundred Sixty Four Thousand Ninety Five Dollars and No Cents ($2,464,095.00)
for the construction of Twin Creeks Park and Three Million Five Hundred Twenty Six Thousand
Dollars and No Cents ($3,526,000) for the construction of a potable water tank.
F. The Parties now desire to amend the Development Agreement a second time to,
among other things: (1) modify the terms regarding the construction of the water tank to provide
that the Developer will fund and the City will construct the water tank; (2) provide for the
transfer of the 128 -acre Water Tank Property to the City; (3) remove Developer's obligations
with respect to the Crane Creek Regional Park Easement; and (4) remove building permit
restrictions associated with the completion of Twin Creeks Park, which is under construction.
AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants and provisions set
forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as
follows:
1. Defined Terms. All capitalized terms used and not otherwise defined in the
Second Amendment shall have the same meaning in this Second Amendment as in the
Development Agreement.
2. Amendment of Section 4.10. Section 4.10 of the Development Agreement is
hereby deleted in its entirety and replaced with the following:
"Section 4.10 City Dedication and Acquisition Parcels.
A. Water Tank. Developer shall bear all costs and expenses,
including staff, consultant, and attorney time, directly or indirectly incurred or
payable by City in connection with the permitting, design, construction and
installation of an approximately eight hundred thirty three thousand (833,000)
gallon water tank (the "Water Tank") and supporting pipeline infrastructure to
serve those uses delineated in Specific Plan (collectively, the "Water Tank
Costs"). City may select and retain third -party professionals, consultants and
attorneys of its choosing to perform the Water Tank Costs work. The City's
estimated Water Tank Costs as of the Effective Date are $
(1) Concurrently with Developer's execution of the Second
Amendment, Developer shall deposit with City the sum of Two Million Five
Hundred Thousand Dollars ($2,500,000.00) in cash or other immediately
available funds (the First Installment"). Developer shall deposit with the City the
sum of Two Million Five Hundred Thousand Dollars ($2,500,000) no later than
January 17, 2017 (the "Second Installment"). Collectively the First Installment
and Second Installments are the "Deposit". City may maintain the Deposit in an
interest-bearing account, with interest to accrue toward the Water Tank Costs.
The Deposit plus any accrued interest shall be referred to as the "Original
Deposit Amount."
OAK #4822-1317-6631 v5 2
(2) Until the City opens bids for the Water Tank project, the
Developer shall continue to fund all design, permitting, environmental review,
technical review and City administrative costs in accordance with the terms of the
Reimbursement Agreement.
(3) After the City opens bids for the Water Tank project,
provided City intends to or has awarded a construction contract for the Water
Tank in its sole discretion, City or Developer shall adjust the Original Deposit
Amount to equal the dollar amount of the awarded construction contract together
with any costs not covered under the Reimbursement Agreement and anticipated
future costs including, permitting and mitigation conditions, construction phase
engineering and management and City administrative costs and a 25 percent
contingency (the "Adjusted Deposit Amount"). If the Adjusted Deposit Amount
is greater than the Original Deposit Amount, Developer shall deposit the
difference with City in cash or other immediately available funds within ten
calendar days of City's written request. If the Original Deposit Amount is greater
than the Adjusted Deposit Amount, the City shall retain the Original Deposit
Amount, and draw down upon the Original Deposit Amount to fund construction
related costs as further described in Section 4.10.A(5) below. The amount held by
the City after any adjustments made pursuant to this Section 4.10.A(3) shall be
referred to as the "Deposit Amount."
(4) In the event that the City determines, in its reasonable
discretion, that the actual Water Tank Costs will exceed the Deposit Amount,
Developer shall fund the estimated amount of difference by depositing such
amount with City in cash or other immediately available funds within 30 calendar
days of City's written request therefor and such additional deposit shall accrue to
the Deposit Amount.
(5) The City is authorized to pay or deduct from the Deposit
Amount all bills, invoices or demands for payment of Water Tank Costs. City
shall provide Developer with an accounting of funds paid from the Deposit
Amount. Within 90 days after the City's recordation of a Notice of Completion
for the final construction contract and/or any contract for mitigation or monitoring
work related to the Water Tank, City shall reimburse Developer any remaining
amount of the Deposit Amount.
(6) Developer acknowledges that its timely funding of the
Water Tank Costs is necessary to ensure that the Water Tank can be installed by
such time as the City's Director of Public Safety or his or her designee,
determines the tank is necessary to provide adequate fire flow to the Project, or
portion thereof under construction. Developer acknowledges and agrees that no
Final Map, beyond the Final Maps approved for Vast Oaks Phases IA through
1D, will be approved by the City until such time as the Parties have closed escrow
for City's acquisition or acceptance of the Water Tank Property from Developer
as provided in Section 4.10.B, below and received funding for the Water Tank as
described in Section 4.10.A (1) above. Developer also acknowledges and agrees
OAK #4822-1317-6631 v5 3
that if it does not comply with the funding requirements described in Section
4.10.A (1) above, such failure shall be deemed a breach of the Agreement and,
among other remedies available to City, City may hold the financial institution(s)
that provided the Developer's Labor and Materials and Performance bonds liable
to complete construction of the Water Tank. Concurrently with execution of the
Second Amendment, Developer shall provide City updated bonds or other
evidence satisfactory to City that Developer's bonds cover the requirements set
forth in this Section 4.10.A. Provided Developer meets its funding obligations
under this Section 4.10.A, and subject to enforced delays as provided in Section
9.06, City shall diligently pursue permitting, design, construction and installation
of the Water Tank.
B. Transfer of Property for Water Tank
(1) In consideration for City's payment of the Water Tank
Property acquisition price referenced below, City's agreements hereunder and for
other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Developer shall transfer, and City shall acquire, a fee
interest in and to the approximately one hundred and twenty eight (128.0) acre
Water Tank Site (the "Water Tank Property"). The Parties agree that the
acquisition price for the Water Tank Property shall be Ten Dollars ($10) and that
such acquisition price, together with the benefits to Developer provided under this
Amended and Restated Agreement, represents the fair market value of the Water
Tank Property.
(2) The Parties acknowledge that the acquisition of the Water
Tank Property by City pursuant to this Section 4.10 is anticipated to be made in
lieu of condemnation by City. The Parties intend by this Amended and Restated
Agreement to provide for full and complete compensation to Developer for the
Water Tank Property and all other costs, including but not limited to severance
damages. The Parties acknowledge that because the City may exercise the power
of eminent domain to acquire, Developer is compelled to sell; and because City
requires the Water Tank Property for a public project, City is compelled to buy.
As such the acquisition and acceptance of the Water Tank Property is an
involuntary conversion of the Water Tank Property from private to public use.
Both Developer and City recognize the expense, time, effort and risk to both
Developer and City in resolving a dispute over compensation for the Water Tank
Property by eminent domain litigation; and the compensation set forth herein is in
compromise arrived at by negotiation and settlement, in lieu of and in avoidance
of such litigation.
(3) The closing of the Water Tank Property transfer and
acquisition will take place through an escrow established with a title company
selected by City. The closing shall occur as soon as practicable on a date mutually
acceptable to the Parties, but in any event no later than December 31, 2016.
Developer shall cause the Water Tank Property to be conveyed to City free and
clear of all recorded and unrecorded non -monetary liens, encumbrances,
OAK #4822-1317-6631 v5 4
easements, leases, covenants, conditions, restrictions, and other exceptions to or
defects in title, excepting only the lien for current, non -delinquent property taxes
and the Williamson Act Contract on the Water Tank Property. Developer shall
pay all costs required to place title in the condition described herein and shall
convey the Water Tank Property to City by a standard title company form grant
deed or offer to dedicate, except that the deed or offer shall recite that the transfer
is in lieu of acquisition by eminent domain. All escrow charges and recording
fees shall be borne by Developer. City shall pay the cost of its owner's policy of
title insurance.
(4) Escrow agent shall pay and charge Developer for that
portion of current property taxes and assessments and any penalties and interest
thereon allocable to the period prior to the close of escrow. The portion of current
property taxes which would otherwise be allocable to the period after the close of
escrow shall not be allocated, as City is exempt from payment of property taxes.
Developer shall have the sole right, after close of escrow, to apply to the Sonoma
County Tax Collector for refund of any excess property taxes which have been
paid by Developer with respect to the Water Tank Property.
(5) The obligation of the City to complete the transfer of the
Water Tank Property shall be subject to the satisfaction, or written waiver by
City, of the following conditions: (i) Developer shall deliver through escrow an
executed, acknowledged and recordable grant deed or offer to dedicate sufficient
to convey fee title to the City as set forth in this subsection 4.103; (ii) Developer
shall deliver through escrow a non -foreign transferor declaration duly executed
and in a form reasonably acceptable to escrow agent; (iii) a title company
reasonably acceptable to City shall be prepared to deliver to City an ALTA
standard or, at City's election, an extended coverage owner's policy of title
insurance showing fee title to the Water Tank Property vested in City in the
condition described in this subsection 4.10.B with insurance coverage in the
amount of the fair market value of the Water Tank Property as reasonably
determined by City; and (iv) City shall have approved the soils and environmental
condition of the Water Tank Property.
C. Intentionally omitted.
D. No Additional Purchase_. Price. Developer's funding of construction
of the water tank and transfer of the Water Tank Property to City shall be in
consideration of City's performance of its obligations set forth in this Agreement,
and neither City nor City's designee shall be required to pay any additional fee or
purchase price in connection therewith (other than City's payment of the Water
Tank Property purchase price referenced in subsection 4.103 above), nor shall
Developer be entitled to any PFFP Fee credits."
3. Amendment to Exhibit C. Exhibit C of the Development Agreement is hereby
deleted in its entirety and replaced with Exhibit C-1, attached hereto and incorporated herein by
this reference.
OAK #4822-1317-6631 v5 5
4. Amendment to Exhibit E. Exhibit E of the Development Agreement is hereby
deleted in its entirety and replaced with Exhibit E-1, attached hereto and incorporated herein by
this reference.
5. Deletion of Exhibit F. Exhibit F of the Development Agreement, the Crane Creek
Trail Easement Area Diagram and Legal Description, is hereby deleted in its entirety.
6. Effect of Second Amendment. Except to the extent the Development Agreement
is modified by this Second Amendment, the remaining terms and provisions of the Development
Agreement shall remain unmodified and in full force and effect. This Second Amendment is
hereby deemed incorporated into the Development Agreement and the terms and provisions
herein shall be read as if included in the Original Development Agreement as amended by the
First Amendment. In the event of a conflict between the terms of the Original Development
Agreement or First Amendment and the terms of this Second Amendment, the terms of this
Second Amendment shall prevail.
7. Counterparts. This Second Amendment may be executed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
Second Amendment.
8. Recordation of Second Amendment to Dcvelo meet A eement. The City Clerk
shall record an executed copy of this Second Amendment in the Official Records of the County
of Sonoma.
[SIGNATURES ARE ON FOLLOWING PAGE]
OAK #4822-1317-6631 v5
IN WITNESS WHEREOF, this Second Amendment has been entered into by and
between Developer and City as of the day and year first above written.
Approved as to Form:
Michelle Marchetta Kenyon, City Attorney
Attest:
JoAnne Buergler, City Clerk
CITY:
City of Rohnert Park, a California municipal
corporation
Darrin Jenkins, City Manager
DEVELOPER:
UNIVERSITY DISTRICT LLC, a Delaware limited
liability company
By:
Name:
Title:
VAST OAK PROPERTIES L.P., a California
limited partnership
By:
Name:
Title:
OAK W22-1317-6631 v5 7
NOTARY ACKNOWLEDGMENTS
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
ss
County of )
On , before me,
(Name of Notary)
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.
(Notary Signature)
Acknowledgment
OAK #4822-1317-6631 v5
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
ss
County of )
On
, before nye,
(Name of Notary)
M
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.
(Notary Signature)
Acknowledgment
OAK #4822-1317-6631 v5
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
ss
County of )
On , before
(Name of Notary)
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.
(Notary Signature)
Acknowledgment
OAK #4822-1317-6631 v5
Exhibit C-1
Dedications, Improvements and Facilities Schedule
Bonding/Construction/
Dedications, Improvements, and Facilities I Offer of Dedication Construction Completed
Roadway Improvements (Section 4.09)
Rohnert Park Expressway (Section 4.09A)
Phase 1— North Side (Snyder to PHR)
Phase 2—South Side (Snyder to PHR)
Keiser Avenue (Section 4.09B)
Phase 1- Snyder to West Side of Oak
Grove Park
Phase 2 - West Side of Oak Grove Park to
Petaluma Hill Road
Other Improvements
Potable Water Tank (Section 4.10)
Water Tank Property (128 Acres) Offered
For Dedication
Water Tank Property (128 Acres) Closes
Escrow
Construction Completed
Bond with 1st Final Map;
construction started prior
to 25th Market Rate (MR)
Building Permit
Bond with Final Map that
creates 800th Single -
Family Lot; construction
started prior to 800th MR
Building Permit
Bond with 1st Final Map in
Vast Oak North;
construction started prior
to 1st MR Building Permit
in Vast Oak North
Bond with Final Map that
Creates 100th MR Single -
Family Lot in Vast Oak
North; construction
started at completion of
Keiser Phase 1 OR 100th
MR Building Permit in Vast
Oak North
By September 30, 2016
Prior to December 31,
2016
Bond with Final Map that
Creates 200th Single -
Family Lot
Exhibit C-1
OAK #4822-1317-6631 v5
12 Months after start of
construction, OR 18 months if
started during rainy season.
Connections provided to
interior streets prior to
occupancy of any unit
12 Months after start of
construction, OR 18 months if
started after rainy season
12 Months after start of
construction, OR Occupancy
of Any MR Unit in Vast Oak
North
12 Months after start of
construction
N/A
N/A
N/A
Bonding/Construction/
Dedications, Improvements, and Facilities Offer of Dedication
Parks (Section 4.11)
Twin Creek Park - Dedication
Twin Creek Park - Sheet Graded and
Stubbed Utilities
Twin Creek Park - Improvement
Oak Grove Park - Dedication
Oak Grove Park - Perimeter Road
Oak Grove Park - Improvements
Pedestrian Bridges (Section 4.08 -C)
Pedestrian Bridge at Hinebaugh Creek
Dedication on First Final
Map
Bond with First Final Map;
construction started prior
to 50th MR Building
Permit
Bond with Final Map that
Creates 100th Single -
Family Lot; construction
started prior to 100th MR
Building Permit
Dedication on First Final
Map in Vast Oak North
Bond with First Final Map
in Vast Oak North;
construction started prior
to 50th MR Building
Permit in Vast Oak North
Bond with Final Map that
creates 100th Single -
Family Lot in Vast Oak
North; construction
started prior to 100th MR
Building Permit in Vast
Oak North
Bond with Final Map that
creates 100th MR Lot in
Vast Oak North;
construction started prior
to 100th MR Building
Permit in Vast Oak North
Pedestrian Bridge at Copeland Creek Bond with First Final Map
(Connecting UDLLC to Rancho Cotate High in UDLLC; construction
School) started prior to 100th
UDLLC MR Building Permit
Exhibit C-2
OAK #4822-1317-6631 v5
Construction Completed
N/A
Prior to 100th MR Building
Permit
12 Months After Start of
Construction
N/A
Prior to 100th MR Building
Permit in Vast Oak North
12 Months after start of
construction OR prior to
150th MR Building Permit in
Vast Oak North
12 Months after start of
construction OR prior to
150th MR Building Permit in
Vast Oak North
12 Months after start of
construction
Dedications, Improvements, and Facilities
Vehicular and Roadway Bridge/ Public
Roadway (Section 4.09C)
Kerry Road Vehicle Pedestrian Bridge at
Hinebaugh Creek
Kerry Road Extension from Hinebaugh
Creek to Keiser Avenue
Bonding/Construction/
Offer of Dedication I Construction Completed
Bond with First Final Map
in Vast Oak North;
construction started prior
to 1st Building Permit in
Vast Oak North
12 Months After Start of
Construction OR Prior to
Occupancy of Any Unit in Vast
Oak North
Bond with First Final Map 12 Months After Start of
in Vast Oak North; Construction Or Prior to
Construction Started Prior Occupancy of Any MR Unit in
to 1st MR Building Permit Vast Oak North
in Vast Oak North
Notes:
1) Crosstown Water Transmission Main to be funded by PFFP Fund, built by City
2) Eastside Trunk Sewer North Reach/ Snyder Lane Widening (Southwest Boulevard to Medical Center
Drive) to be funded by Developer, built by City
3) Eastside Trunk Sewer Phases 1 and 2 to be funded by PFFP Fund, built by City
4) Potable Water Tank to be funded by Developer, built by City
5) Developer Pays 25% of PFFP Fees in Cash (75% PFFP Credit for Improvements Allowed)
Exhibit C-3
OAK #4822-1317-6631 v5
9l9I?.DI C.
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AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
STATE OF CALIFORNIA )
ss
County of Sonoma )
I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct
copy of Ordinance No. 900.
SUMMARY OF ORDINANCE NO. 900 OF THE CITY OF ROHNERT PARK, CALIFORNIA,
APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF ROHNERT PARK AND UNIVERSITY DISTRICT LLC AND VAST
OAK PROPERTIES L.P. REGARDING THE CONSTRUCTION OF TWIN CREEKS PARK
AND A POTABLE WATER TANK
was published on October 14, 2016 and October 28, 2016, a certified copy of the full text
Ordinance was posted at the City Clerk's office, 130 Avram Avenue, Rohnert Park,
California 94928 on October 26, 2016, as required by law, and posted in five (5) public
places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
L----cfn
' at 3L_o_A_Ta.,‘,.
fled
S bscribed and swo n to befor me this 31st day of October.
itt/VW
Caitlin Saldanha, Deputy City Clerk
m:\ordinances\ordinances 2016\900\affidavit of posting.docx
11.0
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No.900
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a
newspaper of general circulation,published in the City of Rohnert Park, in said County of Sonoma,State of California;that
The Community VOICE is and was at all times herein mentioned,a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code;its status as such newspaper of general circulation having been established by
Court Decree No.35815 of the Superior Court of the State of California,in and for the County of Sonoma,Department No. 1
thereof;and as provided by said Section 6000,is published for the dissemination of local and telegraphic news and
intelligence of a general character,having a bona fide subscription list of paying subscribers,and is not devoted to the
interest,or published for the entertainment or instruction of a particular class,profession,trade,calling,race or denomination,
or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;that at all said
times said newspaper has been established and published in the said City of Rohnert Park,in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was set in
type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,
describing and expressing in general terms,the purport and character of the notice intended to be given;that the"City of
Rohnert Park,Summary of Ordinance No.900"of which the annexed is a printed copy,was published in said newspaper at
least_1 consecutive time(s),commencing on the 28 day of October.2016 and ending on the 28 day of October,2016.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 28 day of October,2016 at Rohnert Park,California
Signed SUOF ORDINANCE N0.900 OF THE CITY OF ROHNERT PARK,
CALIFORNIA,APPROVING A SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK
AND UNIVERSITY DISTRICT LLC AND VAST OAK PROPERTIES LP.
r/] REGARDING THE CONSTRUCTION OF TWIN CREEKS PARK AND A
WATER
Pursuant to Government CodePOTABLE Section 36933(c),TAthe
NK following constitutes a sum-
mary of Ordinance No.900 introduced by the Rohnert Park City Council on October
Claudia Smith Chief Clerk 11,2016 and scheduled for consideration of adoption on October 25,2016 at its meet-
ing to be held in the City Council Chambers,130 Avram Avenue,Rohnert Park,Califor-
nia.
The purpose of Ordinance No.900 is to approve an amendment to the Develop-
ment Agreement that:
1. Increases the size of the property dedicated by the Developer to the
City for a potable water tank site
2. Formalizes the Developer's obligation to fund and the City's obligation
to construct a potable water tank
3. Removes restrictions on the issuance of the 200th,300th and 400th
building permit in the University District Specific Plan Area.
The amendment also modifies Exhibits C and E of the Development Agreement to
effectuate the changes described above.
A certified copy of the full text of Ordinance is posted and available for review
in the City Clerk's Office at 130 Avram Avenue,Rohnert Park,California.This ordi-
nance shall be in full force and effective thirty(30)days after its adoption,and shall be
publish and posted as required by law.This ordinance was introduced by the Council
of the City of Rohnert Park on October 11,2016 and adopted on October 25,2016 by
the following roll call vote:
AYES: Four(4) Councilmembers Ahanotu,Stafford,Mackenzie and
Mayor Belforte
NOES: None(0)
ABSENT: One(1) Councilmember Callinan
ABSTAIN: None(0)
Dated:October 26,2016 JoAnne Buergler,
13 City Clerk
Published: October 28,2016
The Community Voice
L
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Notice of Public Hearing
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a
newspaper of general circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that
The Community VOICE is and was at all times herein mentioned,a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code;its status as such newspaper of general circulation having been established by
Court Decree No.35815 of the Superior Court of the State of California,in and for the County of Sonoma,Department No. 1
thereof;and as provided by said Section 6000,is published for the dissemination of local and telegraphic news and
intelligence of a general character,having a bona fide subscription list of paying subscribers,and is not devoted to the
interest,or published for the entertainment or instruction of a particular class,profession,trade,calling,race or denomination,
or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;that at all said
times said newspaper has been established and published in the said City of Rohnert Park,in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was set in
type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,
describing and expressing in general terms,the purport and character of the notice intended to be given;that the"City of
Rohnert Park,Notice of Public Hearing"of which the annexed is a printed copy,was published in said newspaper at least_1
consecutive time(s),commencing on the 14 day of October,2016 and ending on the 14 day of October,2016.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 14th day of October,2016 at Rohnert Park,California
Signed
SUMMARY OF ORDINANCE NO.900 OF THE CITY OF ROHNERT PARK,
i‘epid//i.ic j'- ----)7/d -------------- CALIFORNIA,APPROVING A SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK
AND UNIVERSITY DISTRICT LLC AND VAST OAK PROPERTIES LP.
REGARDING THE CONSTRUCTION OF TWIN CREEKS PARK AND
Claudia Smith Chief Clerk A POTABLE WATER TANKPursuant to Government Code Section 36933(c),the following constitutes a sum-
mary of Ordinance No.900 introduced by the Rohnert Park City Council on October
11,2016 and scheduled for consideration of adoption on October 25,2016 at Its meet-
ing to be held in the City Council Chambers,130 Avram Avenue,Rohnert Park,Califor-
nia.
The purpose of Ordinance No.900 is to approve an amendment to the Develop-
ment Agreement that:
1. Increases the size of the property dedicated by the Developer to the City for a
potable water tank site
i 2. Formalizes the Developer's obligation to fund and the City's obligation to
r construct a potable water tank
3. Removes restrictions on the issuance of the 200th,300th and 400th building
permit in the University District Specific Plan Area.
The amendment also modifies Exhibits C and E of the Development Agreement to ef-
N fectuate the changes described above.
.s A certified copy of the full text of the Ordinance is posted and available for review
in the City Clerk's Office at 130 Avram Avenue,Rohnert Park,California.
This ordinance shall be in full force and effective thirty(30)days after its adoption,
and published and posted as required by law.
This ordinance was introduced by the Council of the City of Rohnert Park on Octo-
ber 11,2016 and is scheduled for consideration of adoption on October 25,2016.
DATED: October 12,2016 - JoAnne Buergler
PUBLISH: October 14,2016 —. — '— City Clerk
'4 '
1' Published: October 14,2016
i' The Community Voice