2018/11/13 City Council Resolution 2018-144 RESOLUTION NO. 2018-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A SECOND AMENDMENT TO THE MASTER
MAINTENANCE AGREEMENT FOR THE UNIVERSITY DISTRICT
(VAST OAK EAST PHASES 2E AND 2F)
WHEREAS,on April 8, 2014, the City Council of the City of Rohnert Park adopted
Resolution 2014-035 approving the Tentative Map for the University District Specific Plan Area,
(the"Tentative Map"), subject to certain conditions of approval; and
WHEREAS,the conditions of approval require that Developer enter into an agreement
with the City to establish a Homeowner's Association and provide 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; and
WHEREAS,the City and Developer have entered into a Master Maintenance Agreement
dated April 13, 2016, which originally covered the Vast Oak West Phase 1 development; and
WHEREAS,the Master Maintenance Agreement was amended on November 14, 2017
to include Vast Oak East Phases 2A through 2D, and
WHEREAS, University District LLC ("Developer")has submitted the Final Maps for the
a portion of the development known as Vast Oak East Phases 2E and 2F (Final Maps), consisting
of 105 single-family residential lots, for approval;
WHEREAS,the proposed second amendment to the Master Maintenance Agreement is
consistent with the University District Specific Plan Final EIR (March 2006) and CEQA
Addendum (February 2014) and there are no additional impacts or changes to the project;
therefore, no further CEQA analysis is required; and
WHEREAS,the proposed second amendment to the Master Maintenance Agreement
provides for the ongoing maintenance of improvements within the boundaries of Vast Oak East
Phases 2E and 2F Maps and the assignment of this responsibility to the Association when
appropriate.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve and authorize the execution of the Second Amendment to the
Master Maintenance Agreement by and between the University District LLC, a Delaware limited
liability company and the City of Rohnert Park, a municipal corporation, in substantially similar
form to the agreement attached hereto as Exhibit"A," subject to minor modifications by the City
Manager or City Attorney(the"Second Amendment").
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take any and all actions to effectuate the terms and conditions of the Second Amendment for
and on behalf of the City of Rohnert Park.
1
DULY AND REGULARLY ADOPTED this 13th day of November, 2018.
�C-•r.— , --- `
• y.
Pam Stafford, Mayor
ATTEST:
16 41-416tAllx,\__
Caitlin Saldanha, Assistant City Clerk
Attachment: Exhibit A
AHANOTU: BELFORTE: MACKENZIE: I CALLINAN: STAFFORD: /
AYES: (5.- ) NOES: ( �J'o) ABSENT: ( ) ) ABSTAIN: ( 0)
(2 )
2018-144
Exhibit A to Resolution
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 Only)
Exempt from recording fee per Gov.Code§27383
SECOND AMENDMENT TO MASTER MAINTENANCE AGREEMENT
This SECOND AMENDMENT TO MASTER MAINTENANCE AGREEMENT("Second
Amendment"),is made as of by and between UNIVERSITY DISTRICT,LLC,a
Delaware limited liability company("Developer"),and CITY OF ROHNERT PARK, a California
municipal corporation(the"City").
1. Maintenance Agreement. Developer and City entered into an agreement entitled
"MASTER MAINTENANCE AGREEMENT(University District-Vast Oak)"dated April 13,2016,and
recorded in the Official Records of Sonoma County as Document No.2016034366 and amended by a
First Amendment to Master Maintenance Agreement dated November 14,2017, and recorded in the
Official Records of Sonoma County as Document No.2017090821 (collectively,the"Maintenance
Agreement").
2. Amendment. Pursuant to Section 17 of the Maintenance Agreement,City and Developer
desire to add the real property described in Exhibit A,attached hereto and incorporated herein by this
reference(the"Second Added Property"), as Added Property to the Maintenance Agreement.
3. Effective Date. The term"Effective Date"shall mean the date set forth above as to the
Second Added Property.
4. Defined Terms. Capitalized terms used herein and not otherwise defined shall have the
meaning set forth in the Maintenance Agreement.
5. Project 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 Second Added Property
and Developer.
7. 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.
E;.xhibit A to Resolution
b. This Agreement and all the provisions hereof shall be binding upon and inure to
he 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
ogether shall constitute one instrument.
d. This Agreement is made and entered into in California,and the laws of California
;hall govern the validity and interpretation hereof and the performance by the parties hereto of their
•espective duties and obligations.
e. This Agreement shall be recorded in the Official Records of the County of
3onoma, State of California.
N 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]
CITY:
City of Rohnert Park, a
Municipal Corporation
By:
Darrin Jenkins, City Manager
Authorized by Resolution 2018- adopted 11-13-2018
ATTEST:
JoAnne M. Buergler, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
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.
Signature: (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)
Exhibit A to Resolution
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 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)
19539.010
JFT
10/2/2018
EXHIBIT A
DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY'OF ROHNERT PARK,COUNTY OF
SONOMA,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
PARCEL B AND C OF THE MAP OF VAST OAK EAST,PHASE 2-A,AS RECORDED IN.BOOK-790 OF
MAPS AT PAGES 23-27,SONOMA COUNTY RECORDS
END OF DESCRIPTION
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PREPARED BY: `"� �� Mq COp2`�o
I Q No.8817 .37
444/8
[AN RU�� ACDONALD srgT �,�� DATE
LIC AND SURVEYOR NO. 8817 F OF CA1-4ffl�
STATE OF CALIFORNIA
mAcKAY& Semi's
CML ENGINEERINGNAND PLANNING•LAND SURVEYING
5142 Franklin Drive Sulte B.Pleasanton.CA.94588-3358
1925)225-0690
P UQc%)PIac-1 aaalcll naalc5Vf1R Parent A aa.1 f` Ph lA rl..a
NOTES
1. "UD ASSOCIATION" MAINTAINS THE FOLLOWING: 21 MEM■■■MINIM■■■■■■■■■■■■■■■■■■■■■■■■�I.
A. ALL PARKWAY STRIPS WITHIN CITY RIGHT OF WAY INCLUDING PUBLIC ---._1-----K"'�-'!TWW-. ` -d _-_-__--�
PARKS .-- - ... .�....�. ..�...
B BIKE TRAIL AT NORTH AND SOUTH SIDE OF HINEBAUGH CREEK ■ I __ — -, ____
ASiR P[A_
C. BIKE TRAIL AT WEST SIDE OF SCENIC CORRIDOR WETLANDS ■ ;;a —1C
D. PARCEL"A"AT WEST SIDE OF KEVIN PLACE, ENTRY PARCELS AT ■ "'""" Ix---- - __
INTERSECTIONS OF KARRINGTON/RPX & KERRY/RPX 11i !C
E. SOUTH SIDE OF KYLE PLACE ALONG ROHNERT PARK EXPRESSWAY ■ I NOT A PART ,fid )'0',AN 110A91
F. SOUTH SIDE OF KAITLYN PLACE ALONG ROHNERT PARK EXPRESSWAY - - ■ L --'
>w..t... _.-__ 1_111. u'ara�.v '�--'L+—�- • ---- -{
2. ALL FRONTYARD AND SIDEYARD (OUTSIDE OF LOT FENCE) LANDSCAPING WILL ■ t ;-"'-F- _ l .5—.1'
y e —I
BE OWNED BY THE INDIVIDUAL LOT OWNER BUT MAINTAINED BY THE HOA. ■ ( , --- I
3. THE HOA WILL ALSO MAINTAIN THE FOLLOWING INFRASTRUCTURE: ■ I3 `-a _ 1 1 Z __ _1
{' II i"r- a - oscN Pus--- ill"! __',A GANG MAILBOXES IN PARKWAYS; SUBJECT TO POSTAL SERVICE APPROVAL ■ riI ' -- --NV
B PEDESTRIAN BRIDGE OVER HINEBAUGH CREEK (FUTURE PHASE) NOT To SCALE ■ j F- - a 1
4. HOA MAINTAINS TRAIL, LANDSCAPING, AND FENCE ON REDWOOD PARK ■ } s_-__._ ,a -,C--ri?+ri I-' -1
I;..
ESTATES, PER EXHIBIT "C" ■,1 1 �- _ '- - ,,,e1. --
'f`����-��
5. HOA MAINTAINS VEGETATION, SLOPES, ACCESS ROAD, PUMP AND LOW-FLOW •'k )1 I , 1-- + 's/ 0,---• / i/ \ 99
�p#E r c ' PKN 1U.' p
PIPE, AND FENCES WITHIN BASIN ���������������= "/�j � ����'���l� ������', F
6. CITY MAINTAINS GRAVITY OUTFALL PIPES TO HINDEBAUGH CREEK AND --pr ./,„�L11J.I��.Jf..I./ / ,I, � , Jr �� �'
INCOMING PIPES TO BASIN. ■J PARLELC ofd/ �,o- fr ji.,�,. .4,4,),„4,17,:;,/
0- ded,f/�///� 6
111 �oam
i p •, FUTURE HINEBAUGH CREyK� .{i. .•+ -•�d
PEDESTRIAN BRIDGE '+ I__ /
• 1.:3;11..;. •' .- { a r3 4- +i7 v/
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NOOOOnI A r ki 4
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1E0E00E0E0 Ery Fi E
■ SiJ-.41.41 .+:L i°+� h.IMMONE I �* i•:. S
PROPOSED LAND USE SUMMARY II Ii niiiii�iii(': rAM& '�
PARCEL LANDUSE OWNERSHIP AREA NE( T) ‘*31.111. ---,•”••'
5� �� e • .1 ill I' bli` _ ;.. :�(' � I r!•!•!•!'• X :3; ..:a "'d ..-'1
LOTS 35 51±AC ■ .„ s,,� ti o �, y 5 3 , $ L
ROADWAYS 18181 AC r 2 1 L 5 up ,.
TOTAL 73 21 t AC ' n 1 ,• Jfi° j1L 1 ±t liglg" 8,•rni_ 1.2c=1E11,_ • fl I4 '%%/
■a IsiF v ,, ei.�r , 1 i ..1',_.'•• O•••o•UU4 �i/gin
✓:•.•••«.a7%0X4 :a w ..•.j W $ ' a.'!.• .w.!•!:K: w T:iZ it.•• ,c.at -.� {'.1• :ssni� .•. ° ',rte. " 1
r 11 ■
ITJE:lI
I
I-1 r VASA OAK PHASES 2E-2F
C- NOT A PART Ne MAINTENANCE RESPONSIBILITIES
\- ■ EXHIBIT B �I
}. ■ € CITY OF RONNERT PMR COUNTY OF SONOMA C.WFOANM
_yM`� MACKAY&S- 0mPS1
-'�■ii■�■■■�■■■■■■■■■■■■■■■■M.--_- --_- _--VI 51428 FRANKLIN DR,PLLW9
N ON,D 4588 (925)1-0690
PLEASANTON NTS 10-23-2018 19539 010
OFFICE SCALE DATE JOB NO,
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� �, ►�:�:,--.:�,--:�:,_F . Q\ %� NOT TO SCALE
: U1 __Ir_-
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Wit 41111111111k i1-�♦ ii
„Int • • A MMMI'' • LEGEND
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. MIMI: : � --, MEI: ��� li �� OWNERSHIP MAINTENANCE
: 11i- - ii i i�
. --: -- ' 1 ''F r . UZ� HOA HOA
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' -1' CITY CITY
►i MI : , t �i� i, /•
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��ii���i�j ►O' �►�� Dii Q I O v o°1
-, MIMI: : ' : •�� . : �111111.:41-4-
�� CITY HOA
•��\ ► � ��� I, II I HOA (VO BASIN) HOA
1� i� 0 �3Z ��ii���ii������411111.1Pi ��ii�iii • v i�
►�,, V iiiiiiiOOiii i.i�Oi�� � .... i�iii iiiii♦K I N G W O O I) ROAD•.�i [ FRO NT E& SIDEOYDAR D HOA
_ __ ♦ A � ver
°° BOUNDARY OF I OUTSIDE OF LOT FENCE
I
NEIGHBORHOODSBOUNDARY OF NEIGHBOR-
■ ■ ■ .0 ■.... 2EAND2F HOODS 2E AND 2F
(ADDED IMPROVEMENTS)
I
1[..!IJ.uuILuuI.I�� �,� ♦i4 PARCEL F SHEET 2 OF 3
1 �. �i �i�
AK PHASES 2E-2F
#i�i��i3� A�Aiii�ii iA��.i.iOi�Ai , COMMERCIAL CENTER MAINTENAI VAST ONCE RESPONSIBILITIES
/i� • ♦� NOTA PART OF
7"::
:
1111111 Jt1iI •s::� UDASSOCIATION") EXHIBIT B
ii:
:�.�„ ♦.•
CITY OF RONNERi PARK COUNTY OF SONOMA EALIFORNIA
'• II ° •♦ I ♦•• A m S
it.-t-...4 wi+.A-A,-i+A KAITLYN PLACE',}�i►,„..}�i„�*.ef ,„1/L ��Y�� �O„I�V
ENGINEERS PLANNERS SURVEYORS
51428 FRANKLIN OR PLEASANTON,CA 915E8 (925)225-0890
ROI-INERT PARK EXPRESSWAY PLEASANTON NTS 10-23-2018 19539 010
OFFICE SCALE DATE JOB NO
S/W - OWNED BY CITY AND
MAINTAINED BY ADJOINING
PROPERTY OWNER
I FRONT YARDS
AND BIOSWALES
1 DWELLING UNIT
1 I I
SIDE YARD (NOT A PART)
I I
J
E -1
DWELLING UNIT t 1
>_
0 10 20 40
LEGEND i
SCALE: 1"=20'
PRIVATELY OWNED - HOA MAINTAINED SHEET 3 OF 3
VAST OAK PHASE I
CITY OWNED - HOA MAINTAINED MAINTENANCE RESPONSIBILITIES
EXHIBIT B
CITY OF ROI-INERT PARK COUNTY OF SONOMA CALIFORNIA
mAcKAY & soms
ENGINEERS PLANNERS SURVEYORS
51428 FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690
PLEASANTON 1"=20' 10-02-2018 19539.010
OFFICE SCALE DATE JOB NO.
10-02-2018 3 52prrMike Brill P:\19539\EXHIBITS\EXHIBIT B (VO EAST) MAINTAINENCE RESPONSIBILITIES (SHT 3).DWG