2018/09/25 City Council Resolution 2018-123 RESOLUTION NO. 2018-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE SOUTHEAST ROHNERT PARK SPECIFIC PLAN MODEL HOME
ACCESS IMPROVEMENTS AND RELATED ACTIONS
WHEREAS, on January 26, 2016,the City Council of the City of Rohnert Park adopted
Resolution 2016-07, Authorizing and Approving the Public Improvement Agreement for the
Southeast Rohnert Park Specific Plan Model Home Access Improvements by and between the
City of Rohnert Park and Redwood Equities (Agreement); and
WHEREAS, the Agreement, with an effective date of January 26, 2016, was recorded on
February 26, 2016 as Instrument No. 2016013718 in the Official Records of the County of
Sonoma.
WHEREAS,Redwood Equities has completed the construction of all of the Model
Home Access Improvements, and provided the required warranty security, and requested the City
to accept these improvements; and
WHEREAS,accepting the completed improvements is the final action anticipated by the
Public Improvement Agreement.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Engineer is authorized and directed to execute and file the Notice of
Completion and related documents for the Southeast Rohnert Park Model Home Access
Improvements, on behalf of the City of Rohnert Park, in substantially similar form to Exhibit A
which is attached to this Resolution and incorporated by this reference.
BE IT FURTHER RESOLVED that upon the expiration of the statutory lien period
associated with the recording of the Notice of Completion,the City Manager is hereby authorized
and directed to execute the Notice of Acceptance for the Model Home Access Improvements in
substantially similar form to Exhibit B, attached to this Resolution and incorporated by this
reference.
BE IT FURTHER RESOLVED THAT upon expiration of the warranty period, the City
Manager is hereby authorized and directed to execute the Acknowledgement of Completion and
Termination of the Public Improvement Agreement for the Model Home Access Agreement, in
substantially similar form to Exhibit C, attached to this Resolution and incorporated by this
reference.
BE IT FUTHER RESOLVED that upon certification of the City Manager,the Finance
Director is authorized and directed to take the actions necessary to accept the Model Home
Access Improvements, defined in the Agreement, as a capital assets of the City with a current
book value of$1,809,448.00.
1
DULY AND REGULARLY ADOPTED this 25th day of September 2018.
CITY OF ROHNERT PARK
Pam Stafford, Mayor
ATTEST:
1 f
oAnne M.Buergler, City Clerk
Attachments: Exhibits A, B and C
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2018-123
EXHIBIT A TO RESOUTION
CERTIFICATE OF COMPLETION
SOUTHEAST ROHNERT PARK SPECIFIC PLAN MODEL HOME ACCESS
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 Redwood Equities Investments LLC.
dated January 26, 2016, was completed to my satisfaction on September 1, 2018.
That said work and improvements generally consisted of the construction of underground
utility improvements within the boundaries of Southeast Rohnert Park Phase 1, as more
particularly described in the plans and specifications approved by the City Engineer of Rohnert
Park on December 14,2015 and February 8, 2016.
DATED: ,2018
City Engineer
EXHIBIT A TO RESOUTION
Return to:
City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park,CA 94928
NOTICE OF COMPLETION
SOUTHEAST ROHNERT PARK SPECIFIC PLAN MODEL HOME ACCESS
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
day of September, 2018, 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 a Public Improvement
Agreement between the City of Rohnert Park and Redwood Equities LLC dated January 26, 2016
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 September 1, 2018, and that the
name of the surety on the contractor's bond for labor and materials on said project is Philadelphia
Indemnity Insurance Company(Bond No. 1535200007).
That said work and improvements generally consisted of the construction of underground
utility improvements within the boundaries of Southeast Rohnert Park Phase 1, as more
particularly described in the plans and specifications approved by the City Engineer of Rohnert
Park on December 14,2015 and February 8,2016.
Dated: September,_, 2018. CITY OF ROHNERT PARK
Mary Grace Pawson,P.E.
City Engineer
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_day of September, 2018, at Rohnert Park, California.
CITY OF ROHNERT PARK
Mary Grace Pawson,P.E.
City Engineer
Exhibit B to Resolution
CERTIFICATE OF ACCEPTANCE
SOUTHEAST ROHNERT PARK SPECIFIC PLAN MODEL HOME ACCESS
IMPROVEMENTS
This is to certify that the interest in that certain infrastructure described in the Public
Improvement Agreement for the Southeast Rohnert Park Specific Plan Model Home Access
Improvements, by and between the City of Rohnert Park and Redwood Equities LLC is hereby
accepted by the City Manager on behalf of the grantee pursuant to authority conferred by
Resolution No. 2018-_of the City Council of the City of Rohnert Park adopted on September 25,
2018.
Dated: , 2018 By:
Darrin Jenkins, City Manager
Authorized by City Council Resolution
2018-_adopted on September 25, 2018
ATTEST:
By:
JoAnne Buergler, City Clerk
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
EXHIBIT C TO RESOLUTION
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928-2486
Attn: City Clerk
THE AREA ABOVE IS RESERVED FOR RECORDERS USE
ACKNOWLEDGEMENT OF COMPLETION AND TERMINATION OF PUBLIC IMPROVEMENT
AGREEMENT FOR THE MODEL HOME ACCESS IMPROVEMENTS
This Acknowledgement of Completion and Termination of Public Improvements Agreement
(the"Acknowledgement") is entered into as of , 2018, by the City of Rohnert
Park, a California municipal corporation ("City"), in favor of the Redwood Equities Investments, LLC
("Developer").
RECITALS
A. City and Developer, entered into that certain Public Improvement Agreement, dated January 26,
2016 and recorded on February 26, 2016 as Instrument No. 2016013718 in the Official Records of
Sonoma County, California (the"Improvement Agreement")with respect to Developer's Southeast
Rohnert Park Specific Plan (the"Property"), more particularly described in Exhibit A of the
Improvement Agreement. Initially capitalized terms not otherwise defined herein shall have the
meaning given in the Improvements Agreement.
B. City certified in that certain Notice of Completion, dated , 2018 and recorded on
, 2018 as Instrument No. 2018 in the Official Records of Sonoma County,
California that Developer completed all things required of Developer under the Improvement
Agreement on September 1, 2018.
C. City has no outstanding claims related to the Improvement Agreement, Improvements, defective
labor, or defective materials furnished.
D. As the Developer has completed performance under the Improvements Agreement, City desires to
record a written statement acknowledging such completion and termination.
NOW,THEREFORE, City hereby acknowledges and certifies as follows:
1. Termination of the Improvement Agreement. Developer has completed performance of the
Improvement Agreement and the Improvement Agreement is hereby deemed terminated.
2. Survival. Section 6.1, Indemnity, of the Improvement Agreement shall survive termination
as set forth therein.
3. Authority. The undersigned represents and warrants that it has the full capacity, right,
power and authority to execute, and deliver this Acknowledgement, and all required actions, consents
and approvals therefor have been duly taken and obtained.
IN WITNESS WHEREOF, the undersigned duly executed this Acknowledgement as of the
date set forth above.
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EXHIBIT C TO RESOLUTION
CITY:
City of Rohnert Park,
a municipal corporation
By:
Name: Darrin Jenkins
Title: City Manager
Authorized by City Council Resolution 2018-
adopted on September 25, 2018
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
Attest
By:
Name: JoAnne Buergler
Title: City Clerk
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EXHIBIT C TO RESOLUTION
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 , before me, a
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 of Notary
(Affix seal here)
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