2009/07/14 City Council Resolution 2009-68RESOLUTION NO. 2009 -68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING IMPROVEMENTS FOR THE PARCEL MAP NO. 176 SUBDIVISION,
HAMPTON INN & SUITES,
6238, 6248 & 6258 REDWOOD DR. (APN 143-391-090,091 & 092)
FROM CPX ROHNERT GATEWAY OPAG, LLC
WHEREAS, on June 13, 2006, the City Council of the City of Rohnert Park passed
Resolution No. 2006 -157 authorizing and approving an Improvement Agreement ( "Agreement ")
with CPX Rohnert Gateway OPAG, LLC ( "Developer "), for the purpose of guaranteeing
completion of the improvements and to ensure satisfactory performance by Developer of
Developer's obligations to satisfy conditions of approval;
WHEREAS, Council approved Resolution No. 2007 -114 on July 11, 2007, authorizing
an amendment to the agreement which extended the completion date;
WHEREAS, the Developer has completed all improvements as required by the
Agreement;
WHEREAS, the Developer has presented a Maintenance Bond as a one year warranty for
the improvements, pursuant to section 15.3 of the Agreement; and
WHEREAS, the City Engineer certified completion of the improvements on June 25,
2009, in a notice sent to the Developer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby accept as complete the public and private improvements as shown on the
improvement plans prepared by Adobe Associates, Inc. and installed by the Developer.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to release
surety bonds posted by the Developer to secure faithful performance and labor and materials for
the work, to wit, Insco Insurance Services, Inc. performance and labor and material bonds
number 5299755 in the amount of $760,957.25 each.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to release
surety bonds posted by the Developer to secure the warranty period upon receiving
recommendation from the City Engineer after satisfactorily completing a one year maintenance
period.
DULY AND REGULARLY ADOPTED this 14th day of July, 2009.
BELFORTE: AYE CALLINAN: ABSENT
MACKENZIE: AYE
STAFFORD: AYE
BREEZE: ABSENT
AYES: (3) NOES:
(0) ABSENT:
(2) ABSTAIN:
(0)