2016/12/13 City Council Resolution 2016-116RESOLUTION NO. 2016-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE ROHNERT PARK EXPRESSWAY PHASE 1 AND PHASE 2
UITLITY IMPOVEMENTS AND DIRECTING RELATED ACTIONS
WHEREAS, on October 14, 2014, the City Council of the City of Rohnert Park adopted
Resolution 2014-124, Authorizing and Approving Off -Site Public Improvement Agreements for
the Rohnert Park Expressway Phase I Utility and Intersection Improvements and the Rohnert
Park Expressway Phase 2 Utility and Intersection Improvements by and between the City of
Rohnert Park and the University District LLC and the Vast Oak Property L.P. (the
"Agreements"); and
WHEREAS, the Agreements assigned to the University District LLC and the Vast Oak
Property L.P. the duty of installing public improvements, specifically the construction of public
utilities (water, recycled water, sanitary sewer and storm drain) in Rohnert Park Expressway
between Snyder Lane and Petaluma Hill Road; and
WHEREAS, the Rohnert Park Expressway Phase I and Phase 2 Utility and Intersection
Improvements were included within the scope of the Updated Final Environmental Impact
Report for the University District Specific Plan, which was certified by the City Council on April
8, 2014 by Resolution 2014-032; and
WHEREAS, the University District LLC and the Vast Oak Property L.P. have
completed the construction of the utility improvements in accordance with the Agreements and
the plans and specifications for the work and have requested the City to accept the work; and
WHEREAS, construction of the interim intersection improvements on Rohnert Park
Expressway described in the Agreements were subsequently included in the plans for surface
improvements to Rohnert Park Expressway and have been guaranteed under a separate
improvement agreement; and
WHEREAS, on November 8, 2016, the City Council of the City of Rohnert Park
adopted Resolution 2016-108 approving a Funding and Acquisition Agreement between the
City, the California Statewide Community Development Authority (CSCDA) and UDLLC,
which allows UCLLC to be reimbursed from bond proceeds for the construction of certain public
improvements including the Rohnert Park Expressway Phase 1 and Phase 2 Utility
Improvements; and
WHEREAS, filing the Notice of Completion is the final step in the City's process to
accept ownership of the improvements and authorize reimbursement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it hereby accepts the Rohnert Park Expressway Phase 1 and Phase 2 Utility
Improvements, as described in the Agreements, and approves the Certificate of Completion, in
substantially similar form to Exhibit A, which is attached to this Resolution and incorporated by
this reference.
BE IT FURTHER RESOLVED that the City Engineer is hereby authorized and
directed to file the Notice of Completion and to execute documents pertaining to the same for
and on behalf of the City of Rohnert Park.
BE IT FUTHER RESOLVED that upon certification of the City Engineer, the Finance
Director is authorized and directed to take the actions necessary to accept the Rohnert Park
Expressway Phase 1 and Phase 2 Utility and Intersection Improvements, as defined in the
Agreement, as a capital asset of the City.
DULY AND REGULARLY ADOPTED this 13th day of December 2016.
CITY OF ROHNERT PARK
Cri e1fol t�y r
ATTEST:
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibits A and B
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2016-116
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2016-116
RESOLUTION EXHIBIT A
CERTIFICATE OF COMPLETION
THE ROHNERT PARK EXPRESSWAY PHASE 1 AND PHASE 2 UTILITY
IMPROVEMENTS
I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California, do hereby
certify that the work and improvements hereinafter described, the contract for doing which was
entered into by and between the City of Rohnert Park and the University District LLC and Vast
Oak Properties L.P. dated October 14, 2014, was completed to my satisfaction on December 20,
2016.
That said work and improvements generally consisted of the construction of two water
mains, a recycled water main, a sanitary sewer main and a storm drain line in Rohnert Park
Expressway from Snyder Lane to Petaluma Hill Road, as more particularly described in the plans
and specifications approved by the City Engineer of Rohnert Park on December 15, 2014.
DATED: December 21, 2016
City Engineer
RESOLUTION EXHIBIT A
Return to:
City Engineer
City of Roluiert Park
130 Avram Avenue
Rohnert Park, CA 94928
NOTICE OF COMPLETION
THE ROHNERT PARK EXPRESSWAY PHASE 1 AND PHASE 2 UTILITY AND
INTERSECTION IMPROVEMENTS
NOTICE IS HEREBY GIVEN by the City of Rohnert Park, owner, a municipal
corporation located in Sonoma County, State of California, with its principal offices at City Hall,
130 Avram Avenue, Rohnert Park, California 94928 of the following:
That I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California on the
21St day of December, 2016, did file with the City Clerk of the City of Rohnert Park, my Certificate
of Completion of the following described work, which was completed under an Offsite Public
Improvement Agreement between the City of Rohnert Park and the University District LLC and
Vast Oak Properties L.P. dated October 14, 2014 and in accordance with the plans and
specifications for said work filed with the City Clerk and approved by the Rohnert Park City
Council.
That said work and improvements were completed on December 20, 2016, and that the
names of the surety on the contractor's bond for labor and materials on said project are
Continental Casualty Company (Bond No. 929605646), Liberty Mutual Insurance Company
(Bond No. TM5152259/ 015045596) and Liberty Mutual Insurance Company (Bond No.
TM5152261/ 015045598).
That said work and improvements generally consisted of the construction of construction
of two water mains, a recycled water main, a sanitary sewer main and a storm drain line in
Rohnert Park Expressway from Snyder Lane to Petaluma Hill Road, as more particularly
described in the plans and specifications approved by the City Engineer of Rohnert Park on
December 15, 2014.
Dated: December 21, 2016 CITY OF ROHNERT PARK
Mary Grace Pawson, P.E.
City Engineer
RESOLUTION EXHIBIT A
The undersigned certifies that she is authorized to and does make this verification on behalf of the
City of Rohnert Park; that she has read the foregoing notice and knows the contents thereof; and
that the undersigned declares under penalty of perjury that the foregoing is true and correct to the
best of her knowledge.
Executed on this 21" day of December, 2016, at Rohnert Park, California.
CITY OF ROHNERT PARK
Mary Grace Pawson, P.E.
City Engineer
RESOLUTION EXHIBIT B
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in that certain infrastructure described in the Off -Site Public
Improvement Agreements by and between the City of Rohnert Park and University District LLC
and the Vast Oak Properties L.P., is hereby accepted by the City Manager on behalf of the
grantee pursuant to authority conferred by Resolution No. 2016- of the City Council of the
City of Rohnert Park adopted on December 20, 2016.
Dated: 12016 By:
Darrin Jenkins, City Manager
ATTEST:
Bv:
JoAnne Buergler, City Clerk
RESOLUTION EXHIBIT B
ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss.
COUNTY OF
On , 20_, before me,
, the undersigned, personally appeared
( ) personally known to me
( ) 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.
WITNESS my hand and official seal:
Signature