2019/09/03 City Council Resolution 2019-106 RESOLUTION NO. 2019-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO GRANT A STORM DRAIN EASEMENT
AND A TEMPORARY CONSTRUCTION EASEMENT AND TO EXECUTE
EASEMENT AND SHARED PARKING AGREEMENTS WITH ROHNERT PARK
LODGING, LLC (FAIRFIELD INN & SUITES) -APNs 143-040-120 & 140
WHEREAS, the City of Rohnert Park Planning Commission approved Rohnert Park
Lodging, LLC's (Developer's) Fairfield Inn& Suites Project (Project) on September 14, 2017
with its Resolution 2017-24; and
WHEREAS, in accordance with the Project's environmental document, the Planning
Commission's approval required the storm drainage for the project to connect to existing
infrastructure on Labath Avenue in order to avoid impacts to the Hinebaugh Creek riparian
corridor; and
WHEREAS, the required storm drain design necessitates an easement across property
owned by the City, commonly known as the Westside Fire Station site; and
WHEREAS, in addition to the required storm drain easement the Developer has
requested to utilize the City's Westside Fire Station site for construction staging, in a manner that
will not impact the City's long term use of the site; and
WHEREAS, in consideration of the rights it is requesting, the Developer has offered the
City a shared parking area on its property for the benefit of the City's Westside Fire Station site.
WHEREAS, the Developer's request for easements and offer of shared parking requires
the execution of agreements which formalize the terms between the City and the Developer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the grant of a storm drain easement and a
temporary construction easement and furthers approves and directs the City Manager to execute a
grant of storm drain easement agreement, a temporary construction easement agreement and
shared parking easement agreement by and between Rohnert Park Lodging, LLC and the City of
Rohnert Park, in substantially similar form to the agreements attached hereto as Exhibits "A, B
and C", subject to minor modifications by the City Manager or City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions, including execution of a certificate of acceptance and other documents,
necessary to effectuate the terms of these agreements for and on behalf of the City of Rohnert
Park.
DULY AND REGULARLY ADOPTED this 3`d day of September, 2019.
CITY OF ROHNERT PARK
i e f rt , Mayor
ATTEST:
Assistant City Clerk
Attachments: Exhibit A, Exhibit B and Exhibit C
ADAMS MACKENZIE: STAFFORD:�CALLINAN: BELFORTE:
AYES: ABSE ( �) ABSTAIN: )
Resolution 2019-106
2
Exhibit A to Resolution
This Document is Recorded
For the Benefit of the
City of Rohnert Park
and is Exempt from Fee
Per Government Code
Section27383
When Recorded, Mail to:
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
SPACE ABOVE THIS LINE FOR RECORDER’S USE
GRANT OF STORM DRAIN EASEMENT AGREEMENT
This GRANT OF STORM DRAIN EASEMENT AGREEMENT (this “Agreement”) is
made and entered into effective as of this ___ day of _____________, 2019, by and between the
City of Rohnert Park, a municipal corporation (the “Grantor”), and, Rohnert Park Lodging, a
LLC, a Delaware Limited Liability Company (“Grantee”), with reference to the following facts
and intentions:
R E C I T A L S
A. Grantor is the owner of that certain real property located in the City of Rohnert
Park, County of Sonoma, State of California, as more particularly described as Lot 5 as shown
on the Five Creek Subdivision map, filed for record in Book 787, of maps, pages 38 – 42, in the
Sonoma County Recorder’s office, (APN 143-040-140) (the “Grantor’s Property”).
B. Grantee is the owner of that certain real property located in the City of Rohnert
Park, County of Sonoma, State of California, as more particularly described as 405 Martin
Avenue, Rohnert Park, California (APN 143-040-120) (the “Grantee’s Property”).
C. The City of Rohnert Park Planning Commission granted a Site Plan and
Architectural Review approval for a Fairfield Inn and Suites development on the Grantee’s
Property on September 14, 2017 pursuant to Planning Commission Resolution No. 2017-24.
D. The proposed Fairfield Inn & Suites development requires a storm drain easement
over the Grantor’s Property in order to access existing storm drain facilities to properl y drain the
Grantee’s Property.
E. Grantee has requested that Grantor grant a storm drain easement over the
Grantor’s Property to formalize this agreement.
F. Grantor is willing to grant to Grantee and Grantee is willing to accept a non-
exclusive easement over those certain portions of the Grantor’s Property, as more particularly
described in the legal description attached hereto as Exhibit “A” (the “Easement Area”), for the
purpose of storm drainage on the terms and conditions as provided herein.
2
City as Grantor
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Grantor and Grantee hereby agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns,
a non-exclusive easement over, under and across the Easement Area for the purpose of enabling
Grantee to install and maintain a storm drain pipe within the Grantor’s Property (the
“Easement”) on the terms and conditions set forth herein.
2. Use of Easement Area. The parties agree that Grantor shall work with Grantee to
provide access to and across the Easement Area for purposes of maintaining the storm drain.
3. Maintenance of the Easement Area. Grantee and its successors and assigns shall,
at Grantee’s sole cost and expense without reimbursement, be obligated to maintain, repair,
reconstruct, and care for the Easement Area in perpetuity in accordance with this Agreement.
Any damage caused by Grantee, or by any of Grantee’s lessees, licensees, permittees, agents,
employees, contractors and/or successors and assigns to the Easement Area shall be promptly
repaired by Grantee, at its sole cost and expense.
4. Indemnification. Grantee shall, indemnify, protect, defend and hold harmless
Grantor, and its officers, agents, employees, contractors, licensees, permittees, transferees,
successors and assigns (each, an “Indemnitee” and collectively, “Indemnitees”) from and
against all claims, losses, actions, demands, damages, costs, expenses (including, but not limited
to, experts fees and reasonable attorneys’ fees and costs) and liabilities of whatever kind or
nature (collectively, “Claims”), that arise from or occur in whole or in part as a result of the
actions during the construction on or maintenance of the Easement Area by Grantor or its
employees, agents, representatives, contractors, subcontractors, consultants, or invitees, or the
performance of, or failure to perform, Grantee’s duties under this Agreement, including, but not
limited to, Claims arising out of: (a) injury to or death of persons, including but not limited to
employees of Grantor or Grantee; (b) injury to property or other interest of Grantor, Grantee, or
any third party; (c) violation of any applicable federal, state, or local laws, statutes, regulations,
or ordinances, including all of the foregoing relating to the environment and including any
liability imposed by law or regulation without regard to fault, excepting only with respect to any
Indemnitee, to the extent of any Claim arising from the gross negligence or willful misconduct of
such Indemnitee. Without limiting the generality of the foregoing, Grantee shall indemnify,
protect, defend and hold Indemnitees harmless from and against Claims arising out of or in
connection with any labor performed on the Grantor’s property by, or at the request or for the
benefit of, Grantee, excepting only with respect to any Indemnitee, to the extent of any Claim
arising from the gross negligence or willful misconduct of such Indemnitee. In the event any
action or proceeding is brought against any Indemnitee for any Claim against which Grantee is
obligated to indemnify or provide a defense hereunder, Grantee upon written notice from Grantor
shall defend such action or proceeding at Grantee’s sole expense by counsel reasonably
acceptable to Grantor.
5. Rights of Grantor. Grantor shall retain the right for itself, and its personal
representatives, heirs, successors, and assigns all rights accruing from its ownership of the
Easement Area, including the right to engage in or permit or invite others to engage in all uses of
the Easement Area that are not inconsistent with the terms of this Agreement.
3
City as Grantor
6. Recordation and Binding on Successors. This Agreement shall be recorded in the
Recorder’s Office in the County of Sonoma and, upon such recordation, shall be binding upon
and inure to the benefit of the heirs, successors and assigns of the parties hereto.
7. Non-Exclusive. The Easement granted hereunder is non-exclusive and Grantor
reserves the right to use and grant other easement rights in and to the Easement Area, subject to
the terms of this Agreement, and provided that such easement rights shall not unreasonably
interfere with the Easement rights granted hereunder.
8. Term of Agreement. This Agreement and the Easement contained herein may be
terminated upon mutual written consent of the parties.
9. Attorneys’ Fees and Governing Law. This Agreement may be enforced by an
action at law or in equity and in the event that suit is brought for the enforcement of this
Agreement or as the result of any alleged breach thereof, the prevailing party in such suit shall be
entitled to recover reasonable attorneys’ fees from the other party and any judgment or decree
rendered in such suit shall include an award therefore. This Agreement shall be governed by,
enforced and construed in accordance with the laws of the State of California.
10. Severability. If any provision of this Agreement is determined to be illegal or
unenforceable, this determination shall not affect any other provision of this Agreement, and all
other provisions shall remain in full force and effect.
11. Notices. All notices or demands which either party is required or desires to give
to the other shall be given in writing by certified mail, return receipt requested with the
appropriate postage paid, by personal delivery, or by private overnight courier service to the
address set forth below for the respective party, or such other address as either party may
designate by written notice to the other. All such notices or demands shall be effective as of
actual receipt or refusal of delivery. Should any act or notice required hereunder fall due on a
weekend or holiday, the time for performance shall be extended to the next business day.
If to Grantee:
Rohnert Park Lodging, LLC
13486 Melody Road
Chino Hills, CA 91709
Attn: Ketan Patel
Phone: (410) 598-7595
Email: ketannpatel@gmail.com
With a copy to: Tejal Patel
13486 Melody Road
Chino Hills, CA 91709
Attn: Tejal Patel
Phone: 951-283-9852
Email: tejal@shivamproperties.com
4
City as Grantor
If to Grantor: City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Attn: City Manager’s Office
Phone: 707-588-2232
Email: admin@prcity.org
With a copy to: Michelle Marchetta Kenyon
Rohnert Park City Attorney
Burke, Williams & Sorensen
1901 Harrison Street, Suite 900
Oakland, CA 94612
Phone: 510-273-8780
Email: mkenyon@bwslaw.com
12. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and when taken together they shall constitute one and
the same Agreement.
13. Entire Agreement. This Agreement contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed. Any oral
representations or modifications concerning this instrument shall be of no force and effect
excepting a subsequent modification in writing signed by the parties to be charged.
[Signatures on the Following Page]
5
City as Grantor
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE: GRANTOR:
Rohnert Park Lodging, LLC
a Delaware Limited Liability Company
By: ______________________________
Name Ketan Patel
Title: Member
City of Rohnert Park,
a municipal corporation
By: ________________________________
Name _____________________________
Title: ______________________________
ACKNOWLEDGEMENT
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, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
Personally appeared , Name of Signer(s)
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(is), 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.
Signature of Notary Public (S E A L)
6
City as Grantor
ACKNOWLEDGEMENT
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, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
Personally appeared ,
Name of Signer(s)
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(is), 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.
Signature of Notary Public
(S E A L)
Exhibit B to Resolution
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this
“Agreement”) is made and entered into effective as of this ___ day of _____________, 2019, by
and between the City of Rohnert Park, a municipal corporation (the “Grantor”), and Rohnert
Park Lodging LLC, a Delaware Limited Liability Company (the “Grantee”), with reference to
the following facts and intentions:
R E C I T A L S
A. Grantor is the owner of that certain real property located in the City of Rohnert
Park, County of Sonoma, State of California, as more particularly described as Assessor’s Parcel
Number 143-040-040) (the “Property”).
B. Grantee has received development entitlements from the City of Rohnert Park that
allow it to construct a hotel adjacent to property.
C. Grantee has requested that Grantor grant a temporary construction easement over
the Property for staging purposes, in order to facilitate its hotel construction activity.
D. Grantor is willing to grant to Grantee and Grantee is willing to accept a temporary
non-exclusive easement over the Property, as more particularly described in the legal description
attached hereto as Exhibit “A” (the “Easement Area”), for the purpose of temporary
construction staging on the terms and conditions as provided herein.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Grantor and Grantee hereby agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement
over and across the Easement Area for the purpose of construction staging and storage (the
“Easement”) on the terms and conditions set forth herein.
2. Restrictions on Use of Easement Area. The Easement Area shall not be used for
any purpose other than construction staging and storage.
3. Term. Except for the provisions that survive termination of this Agreement, this
Agreement shall automatically expire on December 31, 2019, and may be sooner terminated
upon the written agreement of the parties. The parties agree that all staging activity will be
complete and December 31, 2019 and Grantee will restore the Easement Area to its original,
unencumbered condition. If staging is not complete by December 31, 2019, Grantee
acknowledges that Grantor has the right to remove and abate any construction material or
supplies remaining on the site and recover the costs of said abatement from the Grantee. This
right survives termination of the agreement.
4. Maintenance of the Easement Area. Grantee and its successors and assigns shall,
at Grantee’s sole cost and expense without reimbursement, be obligated to maintain, repair,
reconstruct, and care for the Easement Area while in use in accordance with this Agreement.
Any damage caused by Grantee, or by any of Grantee’s lessees, licensees, permitees, agents,
2
City as Grantor
employees, contractors and/or successors and assigns to the Easement Area shall be promptly
repaired by Grantee, at its sole cost and expense.
5. Indemnification. Grantee shall, indemnify, protect, defend and hold harmless
Grantor, and its officers, agents, employees, contractors, licensees, permittees, transferees,
successors and assigns (each, an “Indemnitee” and collectively, “Indemnitees”) from and
against all claims, losses, actions, demands, damages, costs, expenses (including, but not limited
to, experts fees and reasonable attorneys’ fees and costs) and liabilities of whatever kind or
nature (collectively, “Claims”), that arise from or occur in whole or in part as a result of the
actions during the construction on or maintenance of the Easement Area by Grantor or its
employees, agents, representatives, contractors, subcontractors, consultants, or invitees, or the
performance of, or failure to perform, Grantee’s duties under this Agreement, including, but not
limited to, Claims arising out of: (a) injury to or death of persons, including but not limited to
employees of Grantor or Grantee; (b) injury to property or other interest of Grantor, Grantee, or
any third party; (c) violation of any applicable federal, state, or local laws, statutes, regulations,
or ordinances, including all of the foregoing relating to the environment and including any
liability imposed by law or regulation without regard to fault, excepting only with respect to any
Indemnitee, to the extent of any Claim arising from the gross negligence or willful misconduct of
such Indemnitee. Without limiting the generality of the foregoing, Grantee shall indemnify,
protect, defend and hold Indemnitees harmless from and against Claims arising out of or in
connection with any labor performed on the Foxtail Golf Course property by, or at the request or
for the benefit of, Grantee, excepting only with respect to any Indemnitee, to the extent of any
Claim arising from the gross negligence or willful misconduct of such Indemnitee. In the event
any action or proceeding is brought against any Indemnitee for any Claim against which Grantee
is obligated to indemnify or provide a defense hereunder, Grantee upon written notice from
Grantor shall defend such action or proceeding at Grantee’s sole expense by counsel reasonably
acceptable to Grantor. This Section 5 shall survive termination or expiration of this Agreement.
6. Rights of Grantor. Grantor shall retain the right for itself, and its personal
representatives, heirs, successors, and assigns all rights accruing from its ownership of the
Easement Area, including the right to engage in or permit or invite others to engage in all uses of
the Easement Area that are not inconsistent with the terms of this Agreement.
7. Non-Exclusive. The Easement granted hereunder is non-exclusive and Grantor
reserves the right to use and grant other easement rights in and to the Easement Area, subject to
the terms of this Agreement, and provided that such easement rights shall not unreasonably
interfere with the Easement rights granted hereunder.
8. Attorneys’ Fees and Governing Law. This Agreement may be enforced by an
action at law or in equity and in the event that suit is brought for the enforcement of this
Agreement or as the result of any alleged breach thereof, the prevailing party in such suit shall be
entitled to recover reasonable attorneys’ fees from the other party and any judgment or decree
rendered in such suit shall include an award therefore. This Agreement shall be governed by,
enforced and construed in accordance with the laws of the State of California.
3
City as Grantor
9. Severability. If any provision of this Agreement is determined to be illegal or
unenforceable, this determination shall not affect any other provision of this Agreement, and all
other provisions shall remain in full force and effect.
10. Notices. All notices or demands which either party is required or desires to give
to the other shall be given in writing by certified mail, return receipt requested with the
appropriate postage paid, by personal delivery, or by private overnight courier service to the
address set forth below for the respective party, or such other address as either party may
designate by written notice to the other. All such notices or demands shall be effective as of
actual receipt or refusal of delivery. Should any act or notice required hereunder fall due on a
weekend or holiday, the time for performance shall be extended to the next business day.
If to Grantee:
Tejal Patel
13486 Melody Road
Chino Hills, CA 91709
Attn: Tejal Patel
Phone: 951-283-9852
Email: tejal@shivamproperties.com
If to Grantor: City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Attn: City Manager’s Office
Phone: 707-588-2232
Email: admin@prcity.org
With a copy to: Michelle Marchetta Kenyon
Rohnert Park City Attorney
Burke, Williams & Sorensen
1901 Harrison Street, Suite 900
Oakland, CA 94612
Phone: 510-273-8780
Email: mkenyon@bwslaw.com
11. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and when taken together they shall constitute one and
the same Agreement.
12. Entire Agreement. This Agreement contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed. Any oral
4
City as Grantor
representations or modifications concerning this instrument shall be of no force and effect
excepting a subsequent modification in writing signed by the parties to be charged.
[Signatures on the Following Page]
5
City as Grantor
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
day and year first written.
GRANTEE: GRANTOR:
Rohnert Park Lodging LLC
a Delaware Limited Liability Company
By: ___________________________________
Name _________________________________
Title: __________________________________
City of Rohnert Park,
a municipal corporation
By: ________________________________
Name _____________________________
Title: ______________________________
6
City as Grantor
EXHIBIT A
DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT AREA
Lot 5 of the Five Creek Subdivision in the City of Rohnert Park, County of Sonoma, State of
California as filed in Book 787 of Maps, Page 38, Sonoma County Records.
APN: 143-040-140
Exhibit C to Resolution
This Document is Recorded
For the Benefit of the
City of Rohnert Park
and is Exempt from Fee
Per Government Code
Sections 27383
When Recorded, Mail to:
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SHARED PARKING EASEMENT AGREEMENT
This SHARED PARKING EASEMENT AGREEMENT (this “Agreement”) is made and
entered into effective as of this ___ day of ___________ 2019, by and between the City of
Rohnert Park, a municipal corporation and Rohnert Park Lodging LLC, a Delaware Limited
Liability Corporation with reference to the following facts and intentions:
R E C I T A L S
A. Rohnert Park Lodging LLC is the owner of assessor’s parcel number (APN) 143-040-120 in
Rohnert Park California, which is depicted and described in Exhibit A, attached hereto and
hereby incorporated by reference (hereinafter "Developer Property").
B. The City is the owner of APN 143-040-140 in Rohnert Park California, which is also
depicted and described in Exhibit A which is attached hereto and hereby incorporated by
reference (hereinafter "City Property").
C. For a good and valuable consideration, the receipt of which is hereby acknowledged.
Developer intends to grant and reserve a shared parking easement for the benefit of the City
Property on that portion of the Developer Property depicted on Exhibit C attached hereto
and incorporated herein by that reference (the “Shared Parking Area”).
AGREEMENT
1. Shared Parking Easement. Developer hereby grants and reserves for the benefit of City
and its successors, assigns and invitees (“City Parties”), a nonexclusive right for
parking, including ingress and egress by vehicular and pedestrian traffic, over and across
the Shared Parking Area on the Developer Property, as delineated in Exhibit C, attached
and hereby incorporated by reference.
2. Maintenance of the Easement Area. Developer, its successors and assigns shall, at their sole
cost and expense without reimbursement, be obligated to maintain, repair, reconstruct, and
care for the Shared Parking Area in perpetuity in accordance with this Agreement. Developer
shall ensure that 19 parking spaces are striped and maintained for parking by City Parties at
2
all times. Any damage caused by Developer, or by any of its lessees, licensees, permitees,
agents, employees, contractors and/or successors and assigns to the Shared Parking Area
shall be promptly repaired by Developer, at its sole cost and expense.
3. Recordation and Binding on Successors. This Agreement shall be recorded in the Recorder’s
Office in the County of Sonoma and, upon such recordation, shall be binding upon and inure
to the benefit of the heirs, successors and assigns of the parties hereto.
4. Term of Agreement. This Agreement shall continue in perpetuity and may only be terminated
upon mutual written consent of the parties.
5. Governing Law. This Agreement shall be governed by, enforced and construed in
accordance with the laws of the State of California.
6. Severability. If any provision of this Agreement is determined to be illegal or unenforceable,
this determination shall not affect any other provision of this Agreement, and all other
provisions shall remain in full force and effect.
7. Notices. All notices or demands which either party is required or desires to give to the other
shall be given in writing by certified mail, return receipt requested with the appropriate
postage paid, by personal delivery, or by private overnight courier service to the address set
forth below for the respective party, or such other address as either party may designate by
written notice to the other. All such notices or demands shall be effective as of actual receipt
or refusal of delivery. Should any act or notice required hereunder fall due on a weekend or
holiday, the time for performance shall be extended to the next business day.
If to Developer:
Rohnert Park Lodging, LLC
13486 Melody Road
Chino Hills, CA 91709
Attn: Ketan Patel
Phone: (410) 598-7595
Email: ketannpatel@gmail.com
With a copy to: Tejal Patel
13486 Melody Road
Chino Hills, CA 91709
Attn: Tejal Patel
Phone: 951-283-9852
Email: tejal@shivamproperties.com
If to City: City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
Attn: City Manager’s Office
3
Phone: 707-588-2232
Email: admin@prcity.org
With a copy to: Michelle Marchetta Kenyon
Rohnert Park City Attorney
Burke, Williams & Sorensen
1901 Harrison Street, Suite 900
Oakland, CA 94612
Phone: 510-273-8780
Email: mkenyon@bwslaw.com
8. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, and when taken together they shall constitute one and the
same Agreement.
9. Entire Agreement. This Agreement contains the entire agreement between the parties
relating to the rights herein granted and the obligations herein assumed. Any oral
representations or modifications concerning this instrument shall be of no force and effect
excepting a subsequent modification in writing signed by the parties to be charged.
[Signatures on the Following Page]
4
IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the
day and year first written.
DEVELOPER: CITY:
Rohnert Park Lodging LLC
a Delaware limited liability company
By: ___________________________________
Name _________________________________
Title: __________________________________
City of Rohnert Park,
a municipal corporation
By: ________________________________
Name: Darrin Jenkins
Title: City Manager
5
ACKNOWLEDGEMENT
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, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
Personally appeared ,
Name of Signer(s)
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(is), 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.
Signature of Notary Public (S E A L)
6
ACKNOWLEDGEMENT
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, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
Personally appeared ,
Name of Signer(s)
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(is), 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.
Signature of Notary Public
(S E A L)
7
CERTIFICATE OF ACCEPTANCE
This is to certify that the interests in real property conveyed by Shared Parking Easement
Agreement dated __________________, 2019, from Rohnert Park Lodging LLC as grantor, to the City of
Rohnert Park, as grantee, are hereby accepted by the City Manager of the City Rohnert Park pursuant to
authority conferred by Resolution No. 2019-106 of the City Council adopted on September 3, 2019 and
the City of Rohnert Park, as grantee, consents to recordation of said Grant Deed.
Dated: _____________________, 2019 By: _________________________
Darrin Jenkins, City Manager
Authorized by Resolution 2019-106 approved the
Rohnert Park City Council on September 3, 2019
[Signature Must Be Notarized]
8
9
EXHIBIT B
SHARED PARKING AGREEMENT