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2023/09/12 City Council Resolution 2023-071 RESOLUTION NO. 2023-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AMENDMENT NO. 1 TO THE MASTER MAINTENANCE AGREEMENT WITH BELLA CREEK LLC FOR THE DEVELOPMENT LOCATED AT 100 AVRAM AVENUE WHEREAS, on March 9, 2017, the Planning Commission of the City of Rohnert Park adopted Resolution 2017-08 approving a Site Plan and Architectural Review for a 90-unit multi- family housing project located at 100 Avram Avenue (the "Project") on property that was previously owned by the City's Redevelopment Agency; and WHEREAS, on May 7, 2019, the Subdivision Commission of the City of Rohnert Park adopted its Resolution 2019-02 approving a Tentative Parcel Map for the Project(the "Tentative Map"), subject to certain conditions of approval ("Conditions"); and WHEREAS, on September 10, 2019, City Council adopted its Resolution 2019-115 approving a Master Maintenance Agreement with Bella Creek, LLC, the Project owner and developer, setting forth the maintenance responsibilities of Bella Creek, LLC; and WHEREAS, on September 10, 2019, in accordance with Rohnert Park Municipal Code Section 16.06.050, the final Parcel Map for the Project was approved; and WHEREAS, staff and Bella Creek LLC desire to amend the Master Maintenance Agreement to clarify that the Project is responsible for the maintenance of certain features located in the public right-of-way but connected to the Project's irrigation system; and WHEREAS,the Project is consistent with the Central Rohnert Park Priority Development Area Final EIR and there are no additional impacts or changes to the project; therefore, no further CEQA analysis is required; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park does hereby approve Amendment No. 1 to the Master Maintenance Agreement attached as Exhibit A and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute Amendment No. 1 the Master Maintenance Agreement, in substantially similar form to Exhibit A, subject to minor modifications approved by the City Manager and City Attorney, and to take any and all further actions to effectuate the terms of the amendment. DULY AND REGULARLY ADOPTED this 12th day of September 2023. CITY OF ROHNERT PARK S• • ' •: iguMayor ATTEST: Sylvia Lopez Cue , ity Clerk Attachments: Exhibit A - - ELWARD: GIUDICE: SANBORN: HOLLINGSWORTH ADAMS: RODRIGUEZ: AYES: (5-NOES: ( 9)Al_NT: (ry)) ABSTAIN: (95) Exhibit "A"