2019/09/03 City Council Resolution 2019-104 RESOLUTION NO. 2019-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE SUNRISE PARK ALL-WEATHER FIELD IMPROVEMENTS AND
RELATED ACTIONS
WHEREAS, on September 14, 2010, the City entered into a Development Agreement
with Sonoma Mountain Village LLC and KDRP LLC, which was recorded on October 1, 2010 as
Instrument Number 2010084467 in the Official Records of Sonoma County; and
WHEREAS, a First Amendment to Development Agreement was recorded on June 28,
2012 as Instrument Number 2012061268 in the Official Records of Sonoma County; a Second
Amendment to Development Agreement recorded on December 11, 2012 as Instrument Number
2012126932, in the Official Records of Sonoma County and a Third Amendment to the
Development Agreement was recorded on May 1, 2018 as Instrument Number 2018029940; and
WHEREAS, the Development Agreement as amended, among other things, requires the
Developer to install various all-weather field improvements at the City's Sunrise Park; and
WHEREAS, Developer deposited the sum of$2.3 million with City to fund its all-
weather field obligations, with the use of such deposit to be governed by that certain Escrow and
Funding Agreement, entered into as April 24, 2017, and
WHEREAS, the City and the Developer have also entered into an Improvement
Agreement, which further specifies the Developer's obligations specifically with respect to
construction of the all-weather field improvements; and
WHEREAS,the Developer has completed the construction of the Sunrise Park all—
weather field improvement in accordance with the Development Agreement, as amended, the
Improvement Agreement and the plans and specifications for the work and has requested the City
to accept the work; and
WHEREAS,the Developer has submitted cost documentation for the Sunrise Park all-
weather field improvements which substantiates an asset value of$2,300,000; and
WHEREAS, accepting the completed improvements is the final action anticipated by the
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 Sunrise Park all-weather field 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 Sunrise Park all-weather field
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 the Sunrise Park All-Weather Field
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 Sunrise Park all-
weather field improvements as a capital asset of the City with a current book value of
$2,300,000.00.
DULY AND REGULARLY ADOPTED this 3rd day of September 2019.
CITY OF ROHNERT PARK
-6; —
Gin el ort Mayor
ATTEST:
Sylvia Lopez Cuevas, Assistant City Clerk
Attachments: Exhibit A, Exhibit B and Exhibit C
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Resolution 2019-104
2
EXHIBIT A TO RESOUTION
CERTIFICATE OF COMPLETION
SUNRISE PARK ALL-WEATHER FIELD 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 SOMO VILLAGE L.P. dated October 4,
2018, was completed to my satisfaction on September 3, 2019.
That said work and improvements generally consisted of the construction of an all-
weather soccer field and all-weather softball outfield together with various appurtenances as
more particularly described in the plans and specifications approved by the City Engineer of
Rohnert Park on September 18, 2018.
DATED: , 2019
City Engineer
EXHIBIT A TO RESOUTION
Return to:
City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park,CA 94928
NOTICE OF COMPLETION
SUNRISE PARK ALL WEATHER FIELD 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 4
day of September, 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 SOMO Living LLC dated October 4, 2018 and
in accordance with the plans and specifications for said work.
That said work and improvements were completed on September 3, 2019 and that
performance surety was provided in the form of a cash deposit in an escrow account.
That said work and improvements generally consisted of the construction of an all-
weather soccer field and softball outfield together with appurtenant facilities, as more particularly
described in the plans and specifications approved by the City Engineer of Rohnert Park on
September 18, 2018.
Dated: August 28, 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 5 day of September 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
FOR SUNRISE PARK ALL-WEATHER FIELD IMPROVEMENTS
This is to certify that the interest in certain infrastructure described as:
Installation of the Sunrise Park all-weather field improvements including an all-weather soccer field, an all-
weather softball outfield, grandstands, lighting,player shade structures and score board are hereby accepted
by the City Manager on behalf of the grantee pursuant to authority conferred by Resolution No. 2019-104 of
the City Council of the City of Rohnert Park adopted on September 3,2019
Dated: CITY OF ROHNERT PARK
Darrin Jenkins
City Manager
Authorized by Rohnert Park City Council Resolution No.
2019-104 adopted September 3, 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
Attn: City Clerk
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
ACKNOWLEDGEMENT OF COMPLETION AND TERMINATION OF PUBLIC IMPROVEMENT
AGREEMENT FOR THE SUNRISE PARK ALL WEATHER FIELD 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 SOMO VILLAGE 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 October 4,
2018, and recorded on 2019, as Instrument No. in the Official Records of
Sonoma County, California (the"Improvement Agreement") with respect to Developer's 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 September 4, 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.
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.
IN WITNESS WHEREOF, the undersigned duly executed this Acknowledgement as of the
date set forth above.
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EXHIBIT C TO RESOLUTION
CITY:
City of Rohnert Park,
a municipal corporation
By:
Name: Darrin Jenkins
Title: City Manager
Authorized by City Council Resolution 2019-104
adopted on September 3,2019
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
Attest
By:
Name: JoAnne Buergler
Title: City Clerk
WORD-LA\LNBV0378756.3 -2-
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 -3-