2019/08/13 City Council Resolution 2019-097 RESOLUTION NO. 2019-097
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE OXFORD SUITES OFFSITE IMPROVEMENTS AND DIRECTING
RELATED ACTIONS
WHEREAS, on July 22, 2014, the City Council of the City of Rohnert Park adopted
Resolution 2014-093 Approving Parcel Map 183, Accepting Offers of Dedication for Public
Right-of-Way,Public Utility Easement, Sidewalk Easement, and Emergency Access Easement
and Approving a Subdivision Improvement Agreement, a Reimbursement Agreement and
Landscape Maintenance Agreements; and
WHEREAS,the Subdivision Improvement Agreement assigned to COBT LLC/CBI LLC
("Developer")the duty of installing public improvements, specifically the extension of Dowdell
Avenue from Golf Course Drive West to 375 feet north of Golf Course Drive West and a right
turn lane on Redwood Drive at Golf Course Drive West ("Oxford Suites Offsite
Improvements"); and
WHEREAS,the Oxford Suites Offsite Improvements are included in the City's Public
Facilities Finance Plan and the Reimbursement Agreement describes the Developer's eligibility
for Public Facilities Fee Credits for the cost of the work up to a maximum amount of$734,654;
and
WHEREAS,the Developer has completed the construction of the Oxford Suites Offsite
Improvements in accordance with the plans and specifications, provided documentation of its
eligible costs consistent with the Reimbursement Agreement, and 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
WHEREAS,the Oxford Suites Offsite Improvements were included within the scope of
the Final Environmental Impact Report for the Wilfred Dowdell Specific Plan Area, which was
certified by the City Council on September 23, 2008 by Resolution 2008-155.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Council hereby accepts the Oxford Suites Offsite Improvements.
BE IT FURTHER RESOLVED that the City Engineer is authorized and directed to
execute and file the Notice of Completion and related documents for the Oxford Suites Offsite
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 Oxford Suites Offsite 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 Subdivision Improvement Agreement for the Oxford Suites Offsite
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
Manager is authorized and directed to take the actions necessary to accept the Oxford Suites
Offsite Improvements, defined in the Agreement, as a capital asset of the City with a current
book value of$734,654.00.
DULY AND REGULARLY ADOPTED this 13th day of August 2019.
CITY OF ROHNERT PARK
Gina rt , ayor
ATTEST:
OWN
Sylvia Lo uevas, Assistant City Clerk
Attachments: Exhibit A, Exhibit B and Exhibit C
ADAMS: MACKENZIE: STAFFORD: CALLINAN: BELFORTE
AYES: (� ) OES: ( �) ABSEN (� ) ABSTAIN: )
Resolution 2019-097
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EXHIBIT A TO RESOLUTION
CERTIFICATE OF COMPLETION
OXFORD SUITES OFFSITE 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 COBT LLC/CBI LLC dated June 24,
2014,was completed to my satisfaction on August 1, 2019.
That said work and improvements generally consisted of the construction of a portion of
Dowdell Avenue from Golf Course Drive West to 375-feet north of Golf Course Drive West and
a right turn lane on Redwood Drive at its intersection with Golf Course Drive West, as more
particularly described in the plans and specifications approved by the City of Rohnert Park on June
4, 2014.
DATED: 2019
City Engineer
EXHIBIT A TO RESOLUTION
Return to:
City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park,CA 94928
NOTICE OF COMPLETION
OXFORD SUITES OFFSITE 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 August, 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 Subdivision
Improvement Agreement between the City of Rohnert Park and COBT LLC/CBI LLC dated June
24, 2014 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 August 1, 2019 and that the name
of the surety on the contractor's irrevocable standby letter of credit is US Bank(Irrevocable
Standby Letter of Credit No. SLCPPDX06539).
That said work and improvements generally consisted of the construction of offsite
improvements including Dowdell Avenue from Golf Course Drive West to 375-feet north of
Golf Course Drive West and a right turn lane on Redwood Drive at Golf Course Drive West as
more particularly described in the plans and specifications approved by the City of Rohnert Park
on June 4,2019.
Dated: August 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 August, 2019, at Rohnert Park, California.
CITY OF ROHNERT PARK
Mary Grace Pawson, P.E.
City Engineer
EXHIBIT B to Resolution
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
(Space Above This Line for Recorder's Use Only)
Exempt from recording fee per Gov.Code§27383.
CERTIFICATE OF ACCEPTANCE
OXFORD SUITES OFFSITE IMPROVEMENTS
This is to certify that the interest in certain infrastructure described as:
Construction of Dowdell Avenue from Golf Course Drive West to 375-feet north of Golf Course Drive West
and a right turn lane on Redwood Drive at Golf Course Drive West 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 August 13,2019.
Dated: CITY OF ROHNERT PARK
Darrin Jenkins
City Manager
Authorized by Rohnert Park City Council Resolution No.
adopted August 13,2019.
ATTEST:
By:
JoAnne Buergler, City Clerk
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 no the truthfulness,accuracy,or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)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 C TO RESOLUTION
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928-2486
Aftn: City Clerk
THE AREA ABOVE IS RESERVED FOR RECORDERS USE
ACKNOWLEDGEMENT OF COMPLETION AND TERMINATION OF PUBLIC IMPROVEMENT
AGREEMENT FOR THE OXFORD SUITES OFFSITE 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 COBT LLC/CBI LLC, Oregon Limited
Liability Corporations ("Developer").
RECITALS
A. City and Developer, entered into that certain Improvement Agreement, dated June 24, 2014 and
recorded on December 22, 2014 as Instrument No. 2014091288 in the Official Records of Sonoma
County, California (the "Original Improvement Agreement")with respect to Oxford Suites Property
(the"Property"), more particularly described in Exhibit A of the Original Improvement Agreement. The
Original Improvement Agreement has been amended once on June 16, 2016, and this First
Amendment was recorded on June 27, 2016 as Instrument No. 2016055437 in the Official Records of
Sonoma County, California. The Original Improvement Agreement as amended by the First
Amendment is hereinafter referred to as the"Improvement Agreement." Initially capitalized terms not
otherwise defined herein shall have the meaning given in the Improvement Agreement.
B. City certified in that certain Notice of Completion, dated August 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 August 1, 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 21, Indemnification, 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.
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EXHIBIT C TO RESOLUTION
IN WITNESS WHEREOF,the undersigned duly executed this Acknowledgement as of the
date set forth above.
CITY:
City of Rohnert Park,
a municipal corporation
By:
Name: Damn Jenkins
Title: City Manager
Authorized by City Council Resolution 2019-_
adopted on August 14,2019
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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