HomeMy WebLinkAboutResolution 2010-082 N.C.S. 06/07/2010Resolution No. 2010-082 N.C.S.
of the City of Petaluma, California
APPROVING THE TERMINATION OF THE JOINT USE AND MAINTENANCE
AGREEMENT FOR PARI{ FACILITIES BETWEEN THE VICTORIA HOMEOWNERS
ASSOCIATION AND THE WEST HAVEN HOMEOWNERS ASSOCIATION
WHEREAS, Resolution No. 2003-054 N.C.S. contained a condition of approval from
the City Council requiring an agreement between the Victoria Homeowners Association and the
Rockridge Pointe project (now known as West Haven) in which Victoria will permit members of
West Haven to use Victoria's four developed private parks and iri return West Haven will pay to
Victoria an annual fee for this park usage based on a formula mutually agreed to by West Haven
and Victoria; and,
WHEREAS, this condition was met through the creation of a Joint Use and Maintenance
Agreement recorded as Document No. 2005-058742 in the Official Records of Sonoma County;
and,
WHEREAS, paragraph two of that agreement provides for termination of the agreement
upon twelve months advance written notice to the Victoria Homeowners Association and subject
to the written approval of the City of Petaluma; and,
WHEREAS, on May 27, 2009 a majority of the West Haven Homeowners Association
members voted to terminate said agreement; and,
WHEREAS, on June 13, 2009, the West Haven Homeowners Association provided a
notarized Termination Notice to the Victoria Homeowners Association.
WHEREAS, the City Council understands that authorized representatives of the West
Haven Homeowners Association and the Victoria Homeowners Association have agreed that the
Haven Homeowners Association will pay the Victoria Homeowners Association $3,000.00 per
year for five years commencing Julyl, 2010, and terminating June 30, 2015.
Resolution No. 2010-082 N.C.S. Page 1
NOW, TI~EREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby approves the termination of the Joint Use and Maintenance Agreement between
the Victoria Homeowners Association and the West. Haven Homeowners Association as
recorded in Doc. No 2005-058742 in the official records of Sonoma County and in accordance
with the termination clause, Section F2, of that agreement.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Ap d ~ to
Council of the City of Petaluma at a Regular meeting on the 7`~ day of June, 2010, or
by the following vote:
AYES: Barrett, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: Vice Mayor Glass, Flarris
ATTEST:
City Clerk
City
Resolution No. 2010-082 N.C.S. Page 2