2019/05/14 City Council Resolution 2019-057RESOLUTION NO. 2019-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE VAST OAK PHASE 1 (VAST OAK WEST) IN -TRACT STORM
DRAIN IMPROVEMENTS AND DIRECTING RELATED ACTIONS
WHEREAS, on November 25, 2014, the City Council of the City of Rohnert Park
adopted Resolution 2014-154, Authorizing and Approving the Public Improvement Agreement
for the Vast Oak Phase 1 In -Tract Storm Drain Improvements by and between the City of
Rohnert Park and the University District LLC and Vast Oak Properties L.P. (Agreement); and
WHEREAS, the Agreement, with an effective date of April 15, 2015, was recorded on
June 5, 2018 as Instrument No. 2018040608 in the Official Records of the County of Sonoma.
WHEREAS, University District LLC and Vast Oak Properties L.P (Developer) have
completed the construction of the Vast Oak Phase 1 In -Tract Storm Drain Improvements in
accordance with the plans and specifications for the work and have requested the City to accept
the work; and
WHEREAS, the Developer has submitted cost documentation for Vast Oak Phase 1 In -
Tract Storm Drain Improvements which substantiates and asset value of $1,746,160.00; 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 Vast Oak Phase 1 In -Tract Storm Drain
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 Vast Oak Phase 1 In -Tract
Storm Drain 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 Vast Oak Phase 1 In -Tract Storm
Drain 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 Vast Oak Phase 1
In -Tract Storm Drain Improvements, defined in the Agreement, as a capital asset of the City with
a current book value of $1,746,160.00.
DULY AND REGULARLY ADOPTED this 14th day of May, 2019.
CITY OF ROHNERT PARK
t v
Gina Belforte, Mayor
ATTEST:
C� f � . od LA , -
`J Anne M. Buergler, CityC-
Attachments: Exhibit A, B and C
ADAMS: BELFORTE:'L MACKENZIE: CALLINAN: STAFFORD: J
AYES: (5 NOES: ('0 ) ABS '0 ) ABSTAIN:)
(2)
EXHIBIT A TO RESOUTION
Return to:
City Engineer
City of Rohnert Park
130 Avrarn Avenue
Rohnert Park, CA 94928
NOTICE OF COMPLETION
VAST OAK PHASE 1 (VAST OAK WEST) STORM DRAIN 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
14 day of May, 2019, 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 University District LLC and Vast Oak Property
L.P. dated April 15, 2015, 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 May 14, 2019, and that the name
of the surety on the contractor's bond for labor and materials on said project is Liberty Mutual
Insurance Company (Bond No. TM5166778/ 015046565).
That said work and improvements generally consisted of the construction of neighborhood
storm drain improvements within the boundaries of Vast Oak Properties Phase 1 (Final Maps
Vast Oak Phases 1-A, 1-B, 1-C, and 1-D), as more particularly described in the plans and
specifications approved by the City Engineer of Rohnert Park on April 8, 2015.
Dated: May 14, 2019. 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 14 day of May, 2019, at Rohnert Park, California.
CITY OF ROHNERT PARK
Mary Grace Pawson, P.E.
City Engineer
EXHIBIT A TO RESOUTION
CERTIFICATE OF COMPLETION
VAST OAK PHASE 1 (VAST OAK WEST) IN -TRACT STORM DRAIN
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 Property L.P. dated April 15, 2015, was completed to my satisfaction on May 14, 2019.
That said work and improvements generally consisted of the construction of neighborhood
storm drain improvements within the boundaries of Vast Oak Properties Phase 1 (Final Maps
Vast Oak Phases 1-A, 1-13, 1-C, and 1-D), as more particularly described in the plans and
specifications approved by the City Engineer of Rohnert Park on April 8, 2015.
DATED: .2019
City Engineer
Exhibit B to Resolution
CERTIFICATE OF ACCEPTANCE VAST OAK PHASE I IN -TRACT STORM DRAIN
IMPROVEMENTS
This is to certify that the interest in that certain infrastructure described in the Public
Improvement Agreement for the Vast Oak Phase 1 In -Tract Storm Drain Improvements, by and
between the City of Rohnert Park and the University District LLC and Vast Oak Property L.P., is
hereby accepted by the City Manager on behalf of the grantee pursuant to authority conferred
by Resolution No. 2019-_ of the City Council of the City of Rohnert Park adopted on May 14,
2019.
Dated: 52019 By:
ATTEST:
Bv:
JoAnne Buergler, City Clerk
Darrin Jenkins, City Manager
Authorized by City Council Resolution
2019-_ adopted on May 14, 2019
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
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928-2486
Attn: City Clerk
EXHIBIT C TO RESOLUTION
THE AREA ABOVE IS RESERVED
ACKNOWLEDGEMENT OF COMPLETION AND TERMINATION OF PUBLIC IMPROVEMENT
AGREEMENT FOR THE VAST OAK PROPERTY PHASE 1 IN -TRACT STORM DRAIN
IMPROVEMENTS
This Acknowledgement of Completion and Termination of Public Improvements Agreement
(the "Acknowledgement") is entered into as of , 2020, by the City of Rohnert
Park, a California municipal corporation ("City"), in favor of the University District LLC, a Delaware
Limited Liability Corporation and Vast Oaks L.P. a California Limited Partnership ("Developer").
RECITALS
A. City and Developer, entered into that certain Public Improvement Agreement, dated April 15,
2015, and recorded on June 5, 2018 as Instrument No. 2018040608 in the Official Records of Sonoma
County, California (the "Improvement Agreement ") with respect to Developer's Vast Oak West Phase
1 Property (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 May 14, 2019 and recorded on
, 2019 as Instrument No. 2019 in the Official Records of Sonoma County,
California that Developer completed all things required of Developer under the Improvement
Agreement on May 14, 2019.
C. City has no outstanding claims related to the Improvement Agreement, the improvements,
defective labor, or defective materials.
D. As the Developer has completed performance under the Improvement 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.
WORD-LA\LN B\70378756.3 -1-
EXHIBIT C TO RESOLUTION
CITY:
City of Rohnert Park,
a municipal corporation
By:
Name: Darrin Jenkins
Title: City Manager
Authorized by City Council Resolution 2019 -
adopted on May 14, 2019
APPROVED AS TO FORM
By:
Name:
Title: City Attorney
Attest
By:
Name:
Title:
WORD-LA\LNB\70378756.3 -2-
JoAnne Buergler
City Clerk
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)
WORD-LA\LNB\70378756.3