2019/05/14 City Council Resolution 2019-058RESOLUTION NO. 2019-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE VAST OAK PHASE 1 (VAST OAK WEST) IN -TRACT RECYCLED
WATER AND IN -TRACT JOINT TRENCH/ STREETLIGHT IMPROVEMENTS AND
DIRECTING RELATED ACTIONS
WHEREAS, on June 24, 2015 the City Council of the City of Rohnert Park adopted
Resolution 2015-116, Authorizing and Approving the Public Improvement Agreement for the
Vast Oak Phase 1 In -Tract Recycled Water System, In -Tract Joint Trench and Streetlighting
System and Phase 1 Off-site Joint Trench and Streetlighting System 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 June 23, 2015, was recorded on
October 1, 2015 as Instrument No. 2015086193 in the Official Records of the County of
Sonoma; and
WHEREAS, the Agreement includes construction of in -tract recycled water and joint
trench/ streetlight improvements as well as off-site joint trench/ streetlight improvements on
Rohnert Park Expressway, each of which are guaranteed by separate surety bonds; and
WHEREAS, University District LLC and Vast Oak Properties L.P (Developer) have
completed the construction of the in -tract improvements for Vast Oak Phase 1 In -Tract Recycled
Water System, In -Tract Joint Trench and Streetlighting System and Phase 1 Off-site Joint Trench
and Streetlighting in accordance with the plans and specifications for the work and have
requested the City to accept the work; and
WHEREAS, the off-site portion of the improvements have not been completed; and
WHEREAS, the Developer has submitted cost documentation for the in -tract
improvements which substantiates an asset value of $1,715,410 including a value of $94,560 for
the recycled water infrastructure and $1,620,850 for the in -tract streetlight infrastructure; and
WHEREAS, accepting the completed improvements is the final action anticipated by the
Public Improvement Agreement.
NOW, THEREFORE, BE IT RESOLVED that 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 in -tract portion of Vast Oak Phase 1 In -Tract
Recycled Water System, In -Tract Joint Trench and Streetlighting System and Phase 1 Off-site
Joint Trench and Streetlighting System, 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 in -tract portion of the Vast
Oak Phase 1 In -Tract Recycled Water System, In -Tract Joint Trench and Streetlighting System
and Phase 1 Off-site Joint Trench and Streetlighting System in substantially similar form to
Exhibit B, attached to this Resolution and incorporated by this reference.
BE IT FURTHER RESOLVED THAT the Public Improvement Agreement for the
Vast Oak Phase 1 In -Tract Recycled Water System, In -Tract Joint Trench and Streetlighting
System and Phase 1 Off-site Joint Trench and Streetlighting System will remain in effect until
completion of the off-site portion of the improvements, that the off-site portion of the
improvements is not being accepted by this Resolution, and that surety bonds for the off-site
improvements will be held until completion of this work.
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 recycled water system, as a capital asset of the City with a current book value of $94,560
and the Vast Oak Phase 1 joint trench and streetlight system, as a capital asset of the City with a
current book value of $1,620,850.
DULY AND REGULARLY ADOPTED this 14th day of May, 2019.
CITY OF ROHNE T PARK
Gina Belforte, Mayor
ATTEST:
JoAnne M. Buergler, City Clerk
Attachments: Exhibit A and B
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EXHIBIT A TO RESOUTION
CERTIFICATE OF COMPLETION
VAST OAK PHASE I IN -TRACT RECYCLED WATER SYSTEM, AND IN -TRACT
JOINT TRENCH AND STREETLIGHTING SYSTEM (PARTIAL COMPLETION)
I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California, do hereby
certify that the in -tract portions of 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 June 23, 2015, was completed to my satisfaction on
May 14, 2019.
That said work and improvements generally consisted of the construction of neighborhood
recycled water, joint trench and streetlighting improvements within the boundaries of Vast Oak
Properties Phase 1 (Final Maps Vast Oak Phases I -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, July 10, 2015, and July 22, 2015. Those portions of the offsite joint trench and streetlight
improvements on Rohnert Park Expressway included in this agreement are not complete and are
not covered by this action.
DATED: 2019
City Engineer
Return to:
City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
EXHIBIT A TO RESOUTION
NOTICE OF COMPLETION
VAST OAK PHASE 1 IN -TRACT RECYCLED WATER SYSTEM AND IN -TRACT
JOINT TRENCH AND STREETLIGHTING SYSTEM (PARTIAL COMPLETION)
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 June 23, 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 April 23, 2019, and that the name
of the surety on the contractor's bond for labor and materials on said project is Continental
Casualty Company (Bond No. 929615758).
That said work and improvements generally consisted of the construction of in -tract
recycled water, joint trench and streetlighting 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, July 10, 2015, and July 22, 2015. Those offsite portions of the joint trench and streetlight
improvements included in this Agreement are not complete and not covered by this action.
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 B to Resolution
CERTIFICATE OF ACCEPTANCE VAST OAK PHASE 1 IN -TRACT RECYCLED
WATER SYSTEM, AND IN -TRACT JOINT TRENCH AND STREETLIGHTING
SYSTEMS (PARTIAL ACCEPTANCE)
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 Recycled Water System. In -Tract Joint
Trench and Streetlighting System, and Phase 1 Offsite Joint Trench and Streetlighting System, 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. This action covers only the in -tract portion of the improvements covered under the
Agreement and does not include the offsite portion of the improvements.
Dated: , 2019 By:
ATTEST:
By:
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