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2025/08/12 City Council Resolution 2025-059 RESOLUTION NO. 2025-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO EXCLUSIVE AGREEMENT TO NEGOTIATE BETWEEN THE CITY OF ROHNERT PARK AND CENTERCAL PROPERTIES LLC FOR THE DEVELOPMENT OF 6400 STATE FARM DRIVE AND AUTHORIZE THE CITY MANAGER TO CONTINUE NEGOTIATIONS WITH CENTERCAL PROPERTIES WHEREAS,the City is the owner of an approximately 29.88-acre parcel of real property, commonly known as 6400 State Farm Drive in Rohnert Park, California(Assessor Parcel Number 143-051-072-000, as depicted on the County Assessor's Parcel Map)("Property"); and WHEREAS, City issued a Request for Qualifications ("RFQ") for development of the Property on November 1, 2023, and following review of all submissions to the RFQ, determined that CenterCal Properties, LLC ("CenterCal") would be best suited to develop the Property; and WHEREAS, the City and CenterCal entered into an Exclusive Agreement to Negotiate("ENA") on October 22, 2024, and approved as Resolution 2024- 092, in order to set forth the terms under which the Parties will enter into an exclusive relationship to negotiate in good faith a detailed non-binding term sheet with respect to the Project ("Term Sheet") which, if negotiations are successful, will be presented to the City Council for approval prior to the expiration of the Preliminary Stage of the Negotiating Period, as defined in the ENA; and WHEREAS, if the City Council approves the Term Sheet prior to the expiration of the Preliminary Stage of the Negotiating Period, the Agreement also establishes procedures and standards for the good faith negotiation and drafting of a comprehensive proposed Disposition and Development Agreement ("DDA"), consistent with the Term Sheet, during the DDA Stage of the Negotiating Period, as defined in the ENA; and WHEREAS, pursuant to the authority provided in Section 3.3 of the ENA, and based on substantial progress by the Parties with respect to the negotiation of a Term Sheet, the City Manager extended the Preliminary Stage of the Negotiating Period beyond its initial 150 calendar day period, to August 18, 2025; and WHEREAS, the Parties require approximately two and one-half months more time, to October 31, 2025, to be able to finalize a Term Sheet for presentation to the City Council and accordingly any further extension of the Preliminary Stage of the Negotiating Period requires the approval of the City Council; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK THAT IT DOES HEREBY FINDS AS FOLLOWS: 1. The City previously certified and approved an Environmental Impact Report ("PDA EIR")prepared in accordance with the requirements of the California Environmental Quality Act("CEQA") and a Mitigation Monitoring and Reporting Plan("PDA Resolution 2025-05 ft Page 1 of 3 MMRP"), in connection with the approval of the Central Rohnert Priority Development Area Plan("PDA Plan") and the Station Center Subarea and Downtown District Amenity Zone ("DDAZ") which encompasses and governs land use of the Property. 2. The ENA anticipates that CenterCal Properties will pursue land use entitlements that are consistent with the PDA Plan and the DDAZ and any development resulting from the execution of the ENA will be subject to the provisions of the PDA MMRP. 3. Reliance on the PDA EIR for purposes of approval of this First Amendment to Exclusive Agreement to Negotiate ("First Amendment") is appropriate at this time as there are no substantial changes to the project contemplated by the First Amendment, no substantial changes to the circumstances under which the project contemplated by the First Amendment is undertaken, and there is no new information of substantial importance, which was not known at the time the PDA EIR was certified, which would otherwise require the preparation of a subsequent EIR or supplement to the PDA EIR in accordance with CEQA Guidelines Section 15162 and 15163, respectively. 4. Furthermore, as provided in Sections 5 and 9 of the ENA,the land use entitlements required for any development of the Property remain subject to further CEQA review, the City retains all discretion in accordance with the law to evaluate the environmental impacts of any proposed development on the Property proposed by CenterCal to the extent not adequately addressed in the PDA EIR, and nothing in the First Amendment modifies or changes the requirements outlined in Sections 5 and 9 of the ENA; and, BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that a First Amendment To Exclusive Agreement To Negotiate between the City of Rohnert Park and CenterCal Properties, LLC for the development of 6400 State Farm Drive, in the form attached hereto as Exhibit A and extending the Preliminary Stage of the Negotiating Period to October 31, 2025, is hereby approved; and, BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that the City Manager is hereby authorized to execute and to take all actions necessary to continue to implement the ENA , as amended by this First Amendment to Exclusive Agreement to Negotiate, on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED BY THE CITY OUNCIL OF THE CITY OF ROHNERT PARK ON this 12th day of August, 2025. CITYO ' 'O D 'TPARK Gera d .yor Resolution 2025-0561 - Page 2 of 3 __ __ _ ATTEST: Sylvia Lopez Cuevas, City Clerk APP Oi/ED TO FORM: r f— ! _chelle . Keny n, rty Attorney Attachments: Exhibit A ADAMS: Ad A,_ ELWARD• la 2ODRIGUNI , / SANBOR !L GIUDICE: ES: ( NO ABSENT: ( ) ABSTAIN: ( Resolution 2025-051 Page 3 of 3