2018/09/25 City Council Resolution 2018-124 RESOLUTION NO. 2018-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING IN PART THE SOUTHEAST ROHNERT PARK SPECIFIC PLAN PHASE
1 IN-TRACT IMPROVEMENTS,BODWAY PARKWAY IMPROVEMENTS,VALLEY
HOUSE DRIVE IMPROVEMENTS,AND CAMINO COLEGIO RECYCLED WATER
IMPROVEMENTS AND RELATED ACTIONS
WHEREAS, on September 13, 2016, the City Council of the City of Rohnert Park
adopted Resolution 2016-89, Authorizing and Approving the Public Improvement Agreement for
the Southeast Rohnert Park Phase 1 In-Tract Improvements, Bodway Parkway Improvements,
Valley House Drive Improvements, and Camino Colegio Recycled Water Main Improvements by
and between the City of Rohnert Park and Penn Grove Mountain, LLC (Agreement); and
WHEREAS, the Agreement,with an effective date of May 22, 2018, was recorded on
July 2, 2018 as Instrument No. 20180147247 in the Official Records of the County of Sonoma.
WHEREAS,Penn Grove Mountain LLC has completed the construction of portions of
the Southeast Rohnert Park Phase 1 In-Tract Improvements (with the exception of a relocating a
fire hydrant at Bodway Parkway and Wisdom Lane),Bodway Parkway Improvements, Valley
House Drive Improvements, and Camino Colegio Recycled Water Main Improvements as listed
in Exhibit A, which is attached to this Resolution (Partial Improvements), in accordance with the
plans and specifications for the work, and provided the required warranty security, and has
requested the City to accept the work; and
WHEREAS, filing the Notice of Completion is the final step in the City's process to
accept ownership of the improvements; and
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 Partial Improvements, on behalf of the City of Rohnert
Park, in substantially similar form to Exhibit B 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 Partial Improvements 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 Partial
Improvements, defined above, as capital assets of the City with a current book value of
$5,448,759.00.
1
DULY AND REGULARLY ADOPTED this 25th day of September 2018.
CITY OF ROHNERT PARK
Pte---, .
Pam Stafford, Mayor
ATTEST:
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JoAnne M. Buergler, Ity Clerk
Attachment: Exhibits A, B and C
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2018-124
EXHIBIT A
PARTIAL IMPROVEMENTS
1. Southeast Rohnert Park Phase 1 In-Tract potable and recycled water systems (except the
fire hydrant at the corner of Bodway Parkway and Wisdom Lane), sewer system and
storm drain system and excepting all landscaping, lighting,wall, fence, irrigation and
surface improvements.
2. Southeast Rohnert Park Phase 1 Bodway Avenue potable and recycled water systems,
sewer system, storm drain system and surface improvements and excepting all
landscaping, irrigation,walls, signage and striping.
3. Southeast Rohnert Park Phase 1 Valley House Drive sewer system, storm drain system
and surface improvements and excepting all landscape, irrigation and walls.
4. Camino Colegio recycled water system.
( 3 )
2018-124
EXHIBIT B TO RESOUTION
CERTIFICATE OF COMPLETION
SOUTHEAST ROHNERT PARK SPECIFIC PLAN PHASE 1 PARTIAL
IMPROVEMENTS
I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California, do hereby
certify that a portion of the work and improvements hereinafter described, the contract for doing
which was entered into by and between the City of Rohnert Park and Penn Grove Mountain LLC
dated May 22,2018, was completed to my satisfaction on September 1, 2018.
That said portion of the work and improvements generally consisted of the construction of
the following:
1. Southeast Rohnert Park Phase 1 In-Tract potable and recycled water system, sewer
system and storm drain system and excepting all landscaping, lighting,wall, fence,
irrigation and surface improvements.
2. Southeast Rohnert Park Phase 1 Bodway Avenue potable and recycled water system,
sewer system, storm drain system and surface improvements and excepting all
landscaping, irrigation, walls, signage and striping.
3. Southeast Rohnert Park Phase 1 Valley House Drive sewer system, storm drain system
and surface improvements and excepting all landscape, irrigation and walls.
4. Camino Colegio recycled water system.
The partial improvements are particularly described in the plans and specifications approved by the
City Engineer of Rohnert Park on May 30, 2017 and August 21,2017.
DATED: ,2018
City Engineer
EXHIBIT B 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 PHASE 1 PARTIAL
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 for a portion of the work, which was completed under a Public Improvement
Agreement between the City of Rohnert Park and Penn Grove Mountain LLC dated May 22m
2018 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 portion of the 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 Insurance Company(Bond Nos. 1535200018, 1535200017 and 1535200016).
That said portion of the work and improvements generally consisted of the following:
1. Southeast Rohnert Park Phase 1 In-Tract potable and recycled water system,
sewer system and storm drain system and excepting all landscaping, lighting,
wall, fence, irrigation and surface improvements.
2. Southeast Rohnert Park Phase 1 Bodway Avenue potable and recycled water
system, sewer system, storm drain system and surface improvements and
excepting all landscaping, irrigation, walls, signage and striping.
3. Southeast Rohnert Park Phase 1 Valley House Drive sewer system, storm drain
system and surface improvements and excepting all landscape, irrigation and
walls.
4. Camino Colegio recycled water system.
The partial improvements are particularly described in the plans and specifications approved by the
City Engineer of Rohnert Park on May 30,2017 and August 21,2017.
Dated: September,_,2018. CITY OF ROHNERT PARK
Mary Grace Pawson,P.E.
City Engineer
EXHIBIT B TO RESOUTION
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 C to Resolution
CERTIFICATE OF ACCEPTANCE
SOUTHEAST ROHNERT PARK SPECIFIC PLAN PHASE 1 PARTIAL
IMPROVEMENTS
This is to certify that an interest in a portion of the infrastructure described in the Public
Improvement Agreement for the Southeast Rohnert Park Specific In Tract and Off Site
Improvements, by and between the City of Rohnert Park and Penn Grove Mountain LLC,namely:
1. Southeast Rohnert Park Phase 1 In-Tract potable and recycled water systems, sewer system
and storm drain system and excepting all landscaping, lighting,wall, fence, irrigation and
surface improvements
2. Southeast Rohnert Park Phase 1 Bodway Avenue potable and recycled water systems,
sewer system, storm drain system and surface improvements and excepting all landscaping,
irrigation, walls, signage and striping
3. Southeast Rohnert Park Phase 1 Valley House Drive sewer system, storm drain system and
surface improvements and excepting all landscape, irrigation and walls
4. Camino Colegio recycled water system
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 11, 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
Exhibit C to Resolution
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