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2023/11/14 City Council Resolution 2023-079 • • RESOLUTION NO. 2023-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER OR ASSISTANT CITY MANAGER TO CONSENT TO AND EXECUTE ASSIGNMENT AND ASSUMPTION AGREEMENTS FOR SOUTHEAST SPECIFIC PLAN AREA WHEREAS, on December 7, 2010, the City Council of the City of Rohnert adopted Resolution No 2010-134 approving the Final Environmental Impact Report(EIR) for the Southeast Rohnert Park Specific Plan Area including a draft EIR, a recirculated draft EIR, response to comments, changes, clarifications, and corrections to the draft EIR and appendices (together the "2010 EIR"); and WHEREAS,on November 25, 2014,the City Council of the City of Rohnert Park adopted Resolution 2014-166 approving the Tentative Map for the Southeast Rohnert Park Specific Plan, prepared by Civil Design Consultants dated August 2014 (the "Tentative Map"), subject to certain conditions of approval ("Conditions"); and WHEREAS, on December 9, 2014, the City Council of the City of Rohnert Park adopted Ordinance No. 882, approving a Development Agreement ("Development Agreement")between the City of Rohnert Park and Redwood Equities LLC, a California Limited Liability Company; and WHERAS, on September 9, 2016, Redwood Equities, LLC assigned the Development Agreement to Penn Grove Mountain, LLC ("Penn Grove"); and WHEREAS, Penn Grove has conveyed APN 07-111-062 to South Fen, Inc. ("South Fen")and an Assignment and Assumption Agreement needs to be executed; and WHEREAS, the City has entered into a number of agreements regarding development of the Southeast Specific Plan Area, including Public Improvement, Maintenance and other agreements, with Penn Grove and anticipates entering into agreements with South Fen; WHEREAS, in order to facilitate the completion of the Southeast Specific Plan Area and the ability of the City to timely respond to requests to consent to and approve assignments, the City Council desires to authorize the City Manager or Assistant City Manager to execute assignment agreements for the Southeast Specific Plan Area. NOW, THEREFORE, BE IT RESOLVED that the City Manager or Assistant City Manager is hereby authorized and directed to consent to and execute assignment and assumption agreements for the Southeast Specific Plan Area, including without limitation agreements assigning Development Agreement rights and obligations, Public Improvement Agreements, maintenance, and other agreements. in forms approved by the City Manager or Assistant City Manager and City Attorney. DULY AND REGULARLY ADOPTED this 14th day of rk„tt,„to 2023. CITY OF ROHNERT PARK amanth driguez, May ATTEST: Elizabetf Machado, Assistant City Clerk Attachment: Exhibit A ELWARD: K e GIUDICE: Ala . SANBORN: ,eit IIOLLINGSWORTH ADAMS: r'�e RODRIGUEZ: e AYES: (5 ) NOES: ( j ) ABSENT: ( ) ABSTAIN: (95 ) Resolution 2023-079 Page 2 of 2 For attachments to Resolution 2023-079 please see Laserfiche.