2017/11/14 City Council Resolution 2017-130RESOLUTION NO. 2017-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE
MASTER MAINTENANCE AGREEMENT WITH UNIVERSITY DISTRICT LLC AND
VAST OAK L.P. FOR THE VAST OAK EAST DEVELOPMENT
WHEREAS, on April 8, 2014, the City Council of the City of Rol -inert Park adopted
Resolution 2014-035 approving the Tentative Map for the University District Specific Plan Area,
prepared by MacKay & Somps and dated February 2014 (the "Tentative Map"), subject to certain
conditions of approval ("Conditions"); and
WHEREAS, University District LLC ("Developer") has submitted the Final Maps for the
second phase of development under the Tentative Map, specifically Phases 2-A, 2-13, 2-C, and 2-
D for the Vast Oak East Property Phase 2 ("Phase 2 Maps"), consisting of 323 single-family
residential lots, for approval; and
WHEREAS, the Phase 2 Maps have been reviewed by the City Engineer and City
Surveyor and have been determined to be technically accurate and in conformance with the
Tentative Map; and
WHEREAS, the Conditions of Approval for the Tentative Map require that Developer
enter into an agreement with the City for the long-term maintenance of certain improvements,
including but not limited to, landscaping on private and public property, stormwater treatment
measures, and the Hinebaugh Creek Trail ("Improvements"), and to establish a Homeowner's
Association ("Association") to perform ongoing maintenance responsibilities; and
WHEREAS, the City and Developer have previously entered into a Master Maintenance
Agreement (Agreement) for the Vast Oak Phase 1 development; and
WHEREAS, the City and Developer now intend to enter into an Amendment to the
Master Maintenance Agreement (Amendment) included as Exhibit A; and
WHEREAS, the Amendment provides the inclusion of the properties within the Phase 2
Maps under the Agreement; and
WHEREAS, the Amendment provides for the ongoing maintenance of hnprovements
within the boundaries of the Phase 2 Maps and the assignment of this responsibility to the
Association when appropriate and satisfies the Conditions of the Tentative Map.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the Amendment to the Master Maintenance Agreement included
as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute the Master Maintenance Agreement Amendment, in substantially similar form to that
amendment attached hereto and incorporated by this reference as Exhibit A subject to minor
modification by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 14" day of November, 2017.
Jake Ma ken7ie, Mayor
ATTEST:
JoAnne M. Buergler, City C1 k
Attachment: Exhibit A
AHANOTU: ' r 4- BELFORTE:,'I 0 CALLINAN: STAFFORD: NIACKENZIE:
AYES: (� ) NOES: ABSENT: ( O ) ABSTAIN: ( )
(2)
2017-130
Resolution Exhibit A
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
City of Rohnert Park )
130 Avram Avenue )
Rohnert Park, CA 94928 )
Attention: City Clerk
(Space Above This Line for Recorder's Use Onl))
Exempt from recording fee per Gov. Code § 27383
AMENDMENT TO MASTER MAINTENANCE AGREEMENT
This AMENDMENT TO MASTER MAINTENANCE AGREEMENT ("Amendment"), is made
as of by and between UNIVERSITY DISTRICT, LLC, a Delaware limited liability
company, and VAST OAK PROPERTIES, L.P., a California Limited Partnership, (collectively,
"Developer"), and CITY OF ROHNERT PARK, a California municipal corporation (the "City").
1. Maintenance Agreement. On April 13, 2016, Developer and City entered into an
agreement entitled "MASTER MAINTENANCE AGREEMENT (University District - Vast Oak)" dated
April 13, 2016 (the "Maintenance Agreement").
2. Ri&t to Assign. Pursuant to Section 17 of the Maintenance Agreement, City and
Developer desire to add the Added Property, described in Exhibit A, attached hereto and incorporated
herein by this reference, to the Maintenance Agreement,
Effective Date. The term "Effective Date" shall mean the date set forth above.
4. Deiitled Terns. Capitalized terms used herein and not otherwise defined shall have the
meaning set forth in the Maintenance Agreement.
5. Protect Improvements. The term "Project Improvements," as defined in the Maintenance
Agreement, is hereby amended to include those improvements described in Exhibit B, attached hereto and
incorporated herein by this reference.
6. Additional Obligations. Except as expressly set forth herein, all of the covenants,
obligations and rights set forth in the Maintenance Agreement shall apply to the Added Property and
Developer.
Miscellaneous.
a. Each party to this Agreement shall execute and deliver such instruments,
documents and other written information and take such other actions as the other party may reasonably
require in order to carry out the intent of this Agreement.
b. This Agreement and all the provisions hereof shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns.
C. This Agreement may be executed in one or more counterparts, all of which taken
together shall constitute one instrument.
OAK #4840-8280-0978 vl
Resolution Exhibit A
d. This Agreement is made and entered into in California, and the laws of California
shall govern the validity and interpretation hereof and the performance by the parties hereto of their
respective duties and obligations.
e. This Agreement shall be recorded in the Official Records of the County of
Sonoma, State of California.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date.
DEVELOPER:
University District LLC, a
Delaware Limited Liability Company
By:
Name:
Title:
[Signature must be notarized]
Vast Oak Properties L.P., a
California Limited Partnership
By:
Name:
Title:
[Signature must be notarized]
CITY:
City of Rohnert Park, a
Municipal Corporation
Darrin Jenkins, City Manager
[Signature must be notarized]
ATTEST:
JoAnne M. Buergler, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
OAK 44840-8280-0978 v
ACKNOWLEDGMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On _, 20 before me, , Notary Public,
personally appeared , who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On _, 20_ before me, , Notary Public,
personally appeared who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (seal)
OAK #4840-8280-0978 0 Acknowledgment
Resolution Exhibit A
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is altached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On _, 20 before me, , Notary Public,
personally appeared , who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OAK #4840-8280-0978 vl Acknowledgment
(seal)
19539.010
LL
10/10120)7
FYnIRIT A
DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF ROHNERT PARK, COUNTY OF
SONOMA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS`.
RESULTANT PARCEL i AS MADE PURSANT TO THAT CERTAIN LOT LINE ADJUSTMENT
RECORDED OCTOBER 20, 2017, AS INSTRUMENT NO, 2017-081679 AND RESULTANT PARCEL D2
AS MADE PURSANT TO THAT LOT LINE ADJUSTMENT RECORDED FEBRUARY 11, 2015, AS
INSTRUMENT NO. 2015-010549, SOMONA COUNTY RECORDS:
END OF DESCRIPTION
PREPARED BY:
TAN BRICEM DONALD
LlCI---NpfiD),0qD SURVEYORNO. 8817
STAT F'CALIFORNIA
MAC"
o
Q No -8817
% wr<` ZZ 7
DATE
MACKAY & SOMPS
CML FNG)NFF. RINCW AND PLANN1NC,* LAND SURWYINO
5142 Franklin VrWC SlAlln B, PIBOI M, CA. 9458£1.33"aro
(925) 225-0690
P:\19539\PlatsLegals\Legals\VOE MaIM. Area Legal Description.doo
n 1P.r ro.f�
■ I
i
V
�
Q Vl Q p
w
a
Y Q C
(.) a
C7
W VI W a -> ¢ p y
m a Q w
d
p
w Ga S w 0
U Z U
u
C7 H Q ^pW S J D
■ILA
w
Q Q Q
■
a CD
Kati Z
;r
i
■
>
¢
w Z¢ O `W„Z a
z�Z� ��Qaa o o m
<
Q
-
N
o<
= Q w� z F-- Z O y
WO
!
d
■
ZS
V Q 48 0��� U W
w O
p
O
Z Z a Z p Z J S S Z Q c n
¢
■
=
�
r_
W U
SON y Z¢ U S� W Y Z Z w a
s;
!
A
}
r
1—
Q J Q
Z
tiaasaaaaaaaaaaaaaa�:��.
a
ti
n�
d
Q K
HL
Y Y N d
p w p m
in
Zvi.
w O N J w>
z33 W W OWOw�a 0°V Q
W
r
z¢
v100 x mm S wtna
Q Qaz ¢yam �x>WV
(n
w
a
O
W cn z<nw
7
O
■
a
ay
�
■
o
z
Vm���
�� Jw r ��-a'�'a'�aa
in=S ~per U) a�
Z
Q
z
a
■
a
■moa'-ommmmmai
■
■
■
■
■
■
■
■
Q ■
■
a ■
O ■
2 ■
■
■
■
A
A
■aaaaaaaaaaar
> � ■ara�aaaaaaa�a"ir�wr"w
V
�
Q Vl Q p
w
a
Y Q C
(.) a
C7
W VI W a -> ¢ p y
m a Q w
d
p
w Ga S w 0
U Z U
u
C7 H Q ^pW S J D
w
Q Q Q
a CD
Kati Z
¢?¢
W
>
¢
w Z¢ O `W„Z a
z�Z� ��Qaa o o m
<
Q
-
N
o<
= Q w� z F-- Z O y
WO
W p
W� _� w S p F- ti W U O Z
ZS
V Q 48 0��� U W
w O
p
O
Z Z a Z p Z J S S Z Q c n
¢
=
�
a
W U
SON y Z¢ U S� W Y Z Z w a
J ~ —
1—
Q J Q
Z
ti
n�
d
Q K
HL
Y Y N d
p w p m
in
Zvi.
w O N J w>
z33 W W OWOw�a 0°V Q
W
z¢
v100 x mm S wtna
Q Qaz ¢yam �x>WV
(n
w
a
O
W cn z<nw
7
O
a
ay
�
¢¢ ¢ Vince ¢m�Q �z WzwZa
o
z
Vm���
�� Jw r ��-a'�'a'�aa
in=S ~per U) a�
Z
Q
z
a
0J�WW
��»oz¢oz Oa viaaz
�
5
0
V)
¢ ~00 ¢
Ln Lf) oa
o¢
o ¢ o
w ¢ ¢ W r
mLio wii<wS¢mo N
W
0
IE a U-
Q m r S W S
O
Q
a
w
3
C -i Ki a ui 1
w
a
O
a
OJ 0
a
a
■moa'-ommmmmai
■
■
■
■
■
■
■
■
Q ■
■
a ■
O ■
2 ■
■
■
■
A
A
■aaaaaaaaaaar
Z = N m
w u J
Ca w
a N H S
in z zwoJ W m=s
<
a O
m J o 0 Lu = "
U z a
ulz W W
.��....� f. a o o o > > w
z S U = U S awO
3P2
N 4
W N w o
i
J
c�
IX
Cay Hwz
;aavid �i�Vlvilh,G.M o w o 0
f v J U K Q
t�7K U aa0
O
�, �7V�cC vNIJ.S[tf�
0\ 021 .i.11.)IN!2 (il'C371 Lli:)SN)I �-
04
L . _.._:, x xv is vatci�.vssvx4
w
—I- x
4
x
w
k k a s
}
CL A
g w /r c
• JT
80VId N21Nvx
f{ • L �J •
°.fir'^.--r.rT.ar.i..•�