2024/03/12 City Council Resolution 2024-015 RESOLUTION NO. 2024-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN IMPACT FEE CREDIT AGREEMENT WITH
SOMO VILLAGE, LLC FOR THE CAMINO COLEGIO IMPACT FEE REQUIRED BY
THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT
WHEREAS,on August 10, 2010, the City Council of the City of Rohnert Park adopted
Resolution No. 2010-101 approving the Final Environmental Impact Report for the Sonoma
Mountain Planned Development; and
WHEREAS,on March 9, 2021, the City Council of the City of Rohnert Park adopted
Resolution No. 2021-028 approving the Supplemental Environmental Impact Report for the
Sonoma Mountain Planned Development; and
WHEREAS,on March 23, 2021, the City Council of the City of Rohnert Park adopted
Ordinance 953 approving the Amended and Restated Development Agreement(Development
Agreement) between the City of Rohnert Park (City) and SOMO Village, LLC (Developer); and
WHEREAS, Section 4.08(B) of the Development Agreement requires the Developer to
pay impact fees throughout the course of the project, including an impact fee in the amount of
One Million Seven Hundred and Eleven Thousand Three Hundred Sixty-One Dollars
($1,711,361), with CPI adjustment, towards Camino Colegio to be paid in two installments
("Camino Colegio Impact Fee"); and
WHERAS, on July 8, 2022, the City Engineer approved SOMO Village Phase 1 N-A,
SOMO Village Planned Development, Rohnert Park, California, June 2022, WDID
#149C393412, prepared by Civil Design Consultants Inc., 66 sheets; and
WHEREAS, On January 26, 2023, a Public Improvement Agreement by and between
the City of Rohnert Park and SOMO Village, LLC for Phase 1N-A in-Tract Surface and Dry
Utilities Improvements was recorder as Instrument No. 2023003409 in the Official Records of
the County of Sonoma; and
WHEREAS,during the course of improvements there were unforeseen conditions and
the Developer utilized their own resources to rehabilitate Camino Colegio beyond the
requirements of the Development Agreement and project approvals; and
WHEREAS,the City desires to reimburse Developer for the costs of this additional work
by providing a credit against the first installment of the Camino Colegio Impact Fee; and
WHEREAS, Developer has provided documentation complying with Public Contract
Code that documents its costs for the work in a not-to-exceed a value of One-Hundred Twenty-
Nine Thousand Nineteen Dollars and Fourteen cents ($129,019.14); and
WHEREAS, the City and Developer desire to enter into an Impact Fee Credit Agreement
allocating the $129,019.14 to the first installment of the Camino Colegio Impact Fee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the Impact Fee Credit Agreement towards the first
installment of the Camino Colegio Impact Fee included as Exhibit A to this Resolution.
BE IT FUTHER RESOLVED that based on the evidence presented at the duly noticed
public meeting of March 12, 2024, the City Council of the City of Rohnert Park finds that the
public improvements and activities were adequately described and mitigated in the Final
Environmental Impact Report and Supplemental Environmental Impact Report for the Sonoma
Mountain Planned Development, and that no other CEQA analysis is warranted.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute the Impact Fee Credit Agreement for the first installment of the Camino
Colegio Impact Fees 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 or
City Attorney.
DULY AND REGULARLY ADOPTED this 12th day of March, 2024.
CITY OF NERT PARK
ATTEST: Susan H. Adams, Mayo
Sylvia Lopez C ty Clerk _
P RO D •. . T RM: �-��, ����
...Aik ik
ichelle M. Kenyon, City Attorney
Attachments: Exhibit A
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Resolution 2024-015
Page 2 of 2
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928-2486
Attention: City Clerk
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(Space Above This Line for Recorder's Use Only)
Exempt from recording fee per Gov. Code § 27383.
IMPACT FEE CREDIT AGREEMENT
BY AND BETWEEN THE CITY OF ROHNERT PARK
AND SOMO VILLAGE, LLC
THIS IMPACT FEE CREDIT AGREEMENT (the "Agreement") is made and entered into on
this ______ day of ______________ 2024 (the "Effective Date") by and between SOMO VILLAGE,
LLC, a Delaware limited liability corporation (“Developer"), and the CITY OF ROHNERT PARK, a
California municipal corporation ("City"), with reference to the following facts and intentions.
R E C I T A L S
A. On March 23, 2021, the City Council of the City of Rohnert Park adopted its Ordinance
No. 953 approving an Amended and Restated Development Agreement with the Developer recorded in
the Official Records of Sonoma County as Document No. 2021070368 (the “Development
Agreement”).
B. The Development Agreement requires that the Developer construct certain roadway
improvements and pay certain impact Fees. Section 4.08(B) of the Development Agreement provides
that Developer shall pay “a fee equal to One Million Seven Hundred and Eleven Thousand Three
Hundred Sixty-One Dollars ($1,711,361), subject to CPI Adjustment, for the purpose of mitigating
roadway impacts on existing Camino Colegio caused by the Project (“Camino Colegio Impact Fee”)” in
two installments of: (1) Eight Hundred Fifty-Five Thousand Six Hundred Eighty-One Dollars
($855,681) with CPI adjustment prior to the issuance of the one thousandth (1,000th) residential
building permit for the Project; and (2) Eight Hundred Fifty-Five Thousand Six Hundred Eighty Dollars
($855,680) with CPI adjustment prior to the issuance of the one thousand three hundred and twenty-
seventh (1,327th) residential building permit for the Project.”
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C. During the course of construction of required improvements at Camino Colegio, the
Developer encountered unforeseen conditions and utilized their own resources to rehabilitate Camino
Colegio beyond the requirements of the Development Agreement and project approvals.
D. The City desires to reimburse Developer for the costs of this additional work by
providing a credit against the first installment of the Camino Colegio Impact Fee.
A G R E E M E N T
NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions
set forth in this Agreement, the parties hereto agree as follows:
1. Incorporation of Recitals. The foregoing Recitals are true and correct and are hereby
incorporated into and form a material part of this Agreement.
2. Property Subject to Agreement. The property which is the subject of this Agreement
(“Property”) is located in the City of Rohnert Park, Sonoma County, California, and is described in
Exhibit 1, attached hereto and incorporated by this reference. The Property is only a portion of the real
property subject to the Development Agreement. The City has approved the development of residential
subdivision on the Property (the “Project”).
3. Impact Fee Credit.
3.1. Source and Method of Credit. Subject to the limitations set forth in this
Section 3, Developer, or any subsequent developer of the Property, shall receive a credit in an
amount not to exceed $129,019.14, based on unforeseen costs and supporting documentation of
the work (“Impact Fee Credit”).
3.2 Implementation of Impact Fee Credit. The Impact Fee Credit shall be
applied in an amount not to exceed $129,019.14 against the first installment of the Camino
Colegio Impact Fee as adjusted based on CPI as of the Effective Date. The City shall keep an
accounting of the balance of the Impact Fee Credit.
4. Miscellaneous.
4.1 Compliance with Laws. Developer shall fully comply with all federal, state
and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at
its own cost and expense, obtain all necessary permits and licenses for the work, give all necessary
notices, pay all fees and taxes required by law that will serve the development on the Property. Copies
and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be
furnished to the City Engineer upon request.
4.2. Notices. Formal written notices, demands, correspondence and
communications between City and Developer shall be sufficiently given if: (a) personally delivered;
or (b) dispatched by next day delivery by a reputable carrier such as FedEx to the offices of City and
Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by
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first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written
notices, demands, correspondence and communications may be sent in the same manner to such
persons and addresses as either party may from time-to-time designate by next day delivery or by
mail as provided in this section.
City: City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attn: City Manager
with a copy to: City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attn: City Attorney
Developer: SOMO Village LLC
PO Box 7087
Cotati, CA 94931
Attn: Brad Baker
Notices delivered by deposit in the United States mail as provided above shall be deemed to have
been served two (2) business days after the date of deposit if addressed to an address within the State
of California, and three (3) business days if addressed to an address within the United States but
outside the State of California.
4.3 Entire Agreement. The terms and conditions of this Agreement constitute the
entire agreement between City and Developer with respect to the matters addressed in this
Agreement. This Agreement may not be altered, amended or modified without the written consent of
both parties hereto.
4.4 Runs with the Land; Recordation. This Agreement pertains to and shall run
with the Property. Upon execution, this Agreement shall be recorded in the Official Records of
Sonoma County.
4.5 Waiver or Modification. Any waiver or modification of the provisions of
this Agreement must be in writing and signed by the authorized representative(s) of each Party.
4.6 Relationship of the Parties. Neither Developer nor Developer's
contractors, subcontractors, agents, officers, or employees are agents, partners, joint venturers or
employees of City and the Developer's relationship to the City, if any, arising herefrom is strictly that
of an independent contractor. Developer’s contractors and subcontractors are exclusively and solely
under the control and dominion of Developer. Further, there are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
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4.7 Binding Upon Heirs, Successors and Assigns. The terms, covenants
and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties
hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of
any portion of the Property except as assigned pursuant to the terms of the Development Agreement.
4.8 Governing Law; Venue. This Agreement shall be construed and
enforced in accordance with the laws of the State of California, without reference to choice of law
provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the
County of Sonoma, State of California.
4.9 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original.
4.10 Interpretation. This Agreement shall be construed according to its fair
meaning, and not strictly for or against any party. No presumptions or rules of interpretation
based upon the identity of the party preparing or drafting the Agreement, or any part thereof,
shall apply to the interpretation of this Agreement.
4.11 Headings. Section headings in this Agreement are for convenience only and are
not intended to be used in interpreting or construing the terms, covenants or conditions contained in
this Agreement.
4.12 Authority. Each party executing this Agreement on behalf of a party represents
and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports
to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or
trustee has full right and authority to enter into this Agreement and perform all of its obligations
hereunder.
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective
Date.
(signatures on following page)
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"CITY"
CITY OF ROHNERT PARK, a California
municipal corporation
Dated: By:
City Manager
Per Resolution No. 2024-____ adopted by the Rohnert Park
City Council at its meeting of , 2024.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Dated:
"DEVELOPER"
SOMO Village, LLC,
________________________________________
By:
Brad Baker
Manager
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ACKNOWLEDGMENT
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 SONOMA )
On __________________ before me, _______________________________________,
(here insert name and title of the officer)
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)
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ACKNOWLEDGMENT
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 CONTRA COSTA )
On __________________ before me, _______________________________________,
(here insert name and title of the officer)
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)
4872-9921-5271 v1
ACKNOWLEDGMENT
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 SONOMA )
On __________________ before me, _______________________________________,
(here insert name and title of the officer)
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)