2022/12/13 City Council Resolution 2022-123 RESOLUTION NO. 2022-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT TO COMPLETE THE
FORMATION OF A COMMUNITY FACILITIES DISTRICT WITH SOMO VILLAGE
LLC
WHEREAS, on August 10, 2010, the City Council of the City of Rohnert adopted
Resolution No 2010-101 approving the Final Environmental Impact Report for the Sonoma
Mountain Village Planned Development including a draft EIR, response to comments and
appendices (together the "2010 EIR"); and
WHEREAS, on March 9, 2021, the City Council of the City of Rohnert Park adopted
Resolution No. 2021-027 approving the SOMO Village Phase Zero Parcel Map; and
WHEREAS, on March 9, 2021, the City Council of the City of Rohnert Park adopted
Resolution No. 2021-028 approving a Supplemental Environmental Impact Report for the
SOMO Village Planned Development(2021 Supplement); and
WHEREAS, on March 23, 2021, the City Council of the City of Rohnert Park adopted
Ordinance No. 953, approving an Amended and Restated Development Agreement
("Development Agreement") between the City of Rohnert Park and SOMO Village LLC
("Developer"); and
WHEREAS, on August 24, 2021, the City Council of the City of Rohnert Park adopted
Resolution 2021-098 approving the Tentative Map ("Tentative Map") for the SOMO Village
Development Phase 1N-A,prepared by Civil Design Consultants and dated June 23, 2021,
subject to certain conditions of approval ("Conditions of Approval"); and
WHEREAS,the Developer intends to file the Final Map for SOMO Village Phase 1N-A,
consisting of 116 single-family residential lots, 32 airspace condominiums and four parcels; and
WHEREAS, the Development Agreement and the Conditions of Approval contemplate
the formation of a community facilities district in conjunction with the approval each Final Map,
which will ensure that the City's cost of maintenance and services are supported over the life of
the development; and
WHEREAS, on January 11, 2022 with Resolution 2022-008, the City Council consented
to allowing the California Statewide Communities Development Authority (CSCDA), a joint
powers authority of which the City is a member, to form a Community Facilities District (CFD)
to, among other things,provide for the city's maintenance services costs over the life of the
development; and
WHEREAS, on December 1, 2022, the CSCDA Board of Directors initiated proceedings
to form the CFD for SOMO Village; and
WHEREAS, formation of the CFD will take approximately 60 days and require the
affirmative consent of the Developer; and
WHEREAS, the City and Developer desire to enter into an Agreement to Complete
Formation of a Community Facilities District in order to ensure that Developer satisfies its
conditions for Final Map approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park finds that the proposed agreement, which ensures that there will be funding for maintenance
and services required for the SOMO Village Planned Development, is consistent with the
Sonoma Mountain Village 2010 EIR and the 2021 Supplement, and that no other CEQA analysis
is warranted.
BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it
does hereby authorize and approve the Agreement to Complete Formation of a Community
Facilities District included as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute the Agreement to Complete Formation of a Community Facilities District in
substantially similar form to the agreement attached hereto and incorporated by this reference as
Exhibit A, subject to minor modification by the City Manager and City Attorney.
DULY AND REGULARLY ADOPTED this 13th day of December, 2022.
CITY OF ROHNERT PARK
6c6t6ei LA(-+4%--'
Ja e Elwar , Mayor
ATTEST:
Sylvia Lopez Cu , i y erk �'"~ __
Attachment: Exhibit A
GUIDICE Alfaelloi HOLLINGSWORTHADAMS• STAFFORD: ( RODRIGUEZ: �'� ELWARD: � _
AYES: (1f ) NOES: ( ) ABSENT: ( ABSTAIN: ( 1 ) V
Resolution 2022-123
2
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 FOR RECORDER’S USE)
Exempt from recording fee pursuant to Government Code Section 27383
AGREEMENT TO COMPLETE FORMATION OF COMMUNITY
FACILITIES DISTRICT (CFD)
THIS AGREEMENT TO COMPLETE FORMATION OF COMMUNITY FACILITIES
DISTRICT (CFD) (the “Agreement”), dated as of , 2022 (the “Effective
Date”), is made by and among SOMO Village, LLC, a Delaware limited liability company
(“Developer”) and the City of Rohnert Park, a municipal corporation (the “City”).
R E C I T A L S
A. Developer is the owner of that certain real property located in the City of Rohnert
Park, County of Sonoma, State of California, described in Exhibit A, attached hereto and
incorporated herein by this reference (the “Property”). The Property is being developed as a
mixed-use community featuring single family and multifamily homes (“Project”).
B. On March 23, 2021, the City Council of the City of Rohnert Park adopted
Ordinance No. 953, approving an Amended and Restated Development Agreement
(“Development Agreement”) between the City and Developer regarding development of the
Project.
C. On August 24, 2021, the City Council of the City of Rohnert Park adopted
Resolution 2021-098 approving the Tentative Map (“Tentative Map”) for the SOMO Village
Development Phase 1N-A of the Project, subject to certain conditions of approval (“Conditions
of Approval”).
D. The Development Agreement and Conditions of Approval both contemplate the
formation of a Community Facilities District (CFD) to levy special taxes that will fund both the
construction of infrastructure and the City’s ongoing costs of maintenance and services.
E. On January 11, 2022, the City Council consented to allowing the California
Statewide Communities Development Authority (CSCDA), a joint powers authority of which the
City is a member, to form the CFD for SOMO Village.
F. CSCDA has been working with the Developer and City staff to develop a map and
rate and method of special tax apportionment. Based on the Developer’s request, CSCDA’s Board
of Directors initiated the formation of the CFD on December 1, 2022. The formation process will
take approximately 60 days and requires the Developer to cast an affirmative ballot in favor of
both formation and the levy special taxes.
G. The parties desire to enter into this Agreement to ensure Developer completes the
CFD formation process consistent with the Development Agreement and Conditions of Approval.
NOW, THEREFORE, the parties agree as follows:
1. Formation of CFD. Developer hereby agrees to complete the formation of the CFD
for SOMO Village prior to the earlier of: (a) issuance of the first building permit for the Project;
or (b) any transfer of the Property. Upon the formation of the CFD, as determined by City, this
Agreement shall terminate and have no further force and effect
2. Runs with the Land. This Agreement attaches to and runs with the Property in
perpetuity, and shall be recorded against the Property. City, in the event of any breach of this
Agreement, shall have the right to exercise all of the rights and remedies, and to maintain any
actions at law or suits in equity or other proper proceedings against the Developer or its permitted
successors and assigns to enforce the curing of such breach.
3. No Assignment. This Agreement shall not be assigned by Developer. Developer
shall complete all obligations set forth in this Agreement prior to any transfer of the Property.
4. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which, taken together, shall constitute one and the same
instrument.
5. Amendment. This Agreement may only be amended or modified by a written
instrument executed by both of the parties hereto.
6. Governing Law. The validity, interpretation and performance of this Agreement
shall be controlled by and construed under the laws of the State of California.
7. Entire Agreement. This Agreement constitutes the entire agreement among the
parties hereto with respect to the subject matter hereof, and supersedes all prior understandings or
agreements.
8. Notices. Any notices relating to this Agreement shall be given in writing and shall
be deemed sufficiently given and served for all purposes when delivered personally or by generally
recognized overnight courier service, or three (3) days after deposit in the United States mail,
certified or registered, return receipt requested, with postage prepaid, addressed as follows:
To the Developer: SOMO Village LLC
PO Box 7087
Cotati, CA 94931
Attn: Brad Baker
To the City: City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
Attn: City Manager
With a copy to: City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
Attn: City Attorney
9. Authority. Each individual executing this Agreement on behalf of a legal entity
represents and warrants that: (a) he or she is duly authorized to execute and deliver this Agreement
on behalf of said corporation or other legal entity in accordance with and without violating the
provisions of its governing documents, and (b) this Agreement is binding upon and enforceable
against said corporation or other legal entity in accordance with its terms. Any entity signing this
Agreement on behalf of a corporation or other legal entity hereby represents and warrants in its
own capacity that it has full authority to do so on behalf of the corporation or other legal entity.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the
Effective Date.
DEVELOPER:
SOMO Village LLC,
a Delaware limited liability company
By:
Name: Bradley E. Baker
Title: Manager
CITY:
City of Rohnert Park, a municipal
corporation
By:
City Manager
Per Resolution No. 2022-____ adopted by the Rohnert Park
City Council at its meeting of December 13, 2022
Approved as to Form:
By:
City Attorney
Attest:
By:
City Clerk
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 )
COUNTY OF )
On ____________ __, 20__ before me, , 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.
Signature: (seal)
******************************
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 )
COUNTY OF )
On ____________ __, 20__ before me, , 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.
Signature: (seal)
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
[Attached]