2019/10/22 City Council Resolution 2019-129 RESOLUTION NO. 2019-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE VAST OAK PHASE 1 OFFSITE JOINT TRENCH AND
STREETLIGHTING 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,joint trench
and street lighting improvements as well as off-site joint trench and streetlight improvements on
Rohnert Park Expressway; and
WHEREAS, on May 14, 2019 with Resolution No. 2019-058, the City Council accepted
the in-tract recycled water,joint trench and street lighting improvements but did not accept the
off-site improvements, which are guaranteed by separate surety bonds; and
WHEREAS, University District LLC and Vast Oak Properties L.P (Developer) have now
completed the remaining off-site joint trench and street lighting 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 a warranty bond for the work together with
cost documentation which substantiates an asset value of$169,950; 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 I Off-site Joint Trench and Street
Lighting 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 offsite portion of the Vast Oak Phase I
Off-site Joint Trench and Street Lighting 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 one year warranty
period, the City Manager is hereby authorized and directed to execute an acknowledgement of
completion and termination of public improvement agreement for the Vast Oak Phase 1 Off-site
Joint Trench and Street Lighting Improvements in substantially similar form toe 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 offsite portion of
the Vast Oak Phase 1 Off-site Joint Trench and Street Lighting Improvements, defined in the
Agreement, as a capital asset of the City with a current book value of$169,950.
DULY AND REGULARLY ADOPTED this 22nd day of October, 2019.
CITY OF ROHNERT PARK
Gina forte qayor
ATTEST:
Sylvia Lopez Cuevas, Assistant City Clerk
Attachments: Exhibit A, Exhibit B and Exhibit C
ADAMS: MACKENZIE- STAFFORD: CALLINAN: BELFORTE
AYES: (Lj ) OEs: ( � ) ABS ( )e ) ABSTAIN,/( )
Resolution 2019-129
2
EXHIBIT A TO RESOLUTION 2019-129
CERTIFICATE OF COMPLETION
VAST OAK PHASE 1 OFFSITE JOINT TRENCH AND STREETLIGHTING
IMPROVEMENTS
I, Mary Grace Pawson, City Engineer of the City of Rohnert Park, California, do hereby
certify that the offsite 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
October , 2019.
That said work and improvements generally consisted of the construction of offsite joint
trench and streetlight improvements on Rohnert Park Expressway, 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.
DATED: , 2019
City Engineer
EXHIBIT A TO RESOLUTION 2019-129
Return to:
City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park,CA 94928
NOTICE OF COMPLETION
VAST OAK PHASE 1 OFFSITE JOINT TRENCH AND STREETLIGHTING SYSTEM
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
day of October, 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 October , 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 offsite joint
trench and streetlighting improvements on Rohnert Park Expressway between Snyder Lane and
Petaluma Hill Road, as more particularly described in the plans and specifications approved by the
City Engineer of Rohnert Park on April 8, July 10, and July 22, 2015. All improvements on this set
of plans are now accepted.
Dated: October, 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_day of October, 2019, at Rohnert Park, California.
CITY OF ROHNERT PARK
Mary Grace Pawson, P.E.
City Engineer
RECORDING REQUESTED BY Exhibit B to Resolution 2019-129
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.
ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION
FOR VAST OAK PHASE I OFFSITE JOINT TRENCH AND STREETLIGHINT
IMPROVEMENTS
WHEREAS,the University District LLC and Vast Oak Property L.P. as owner(s),have made an Irrevocable
Offer of Dedication of the following described property:
Vast Oak Phase I Offsite Joint Trench and Streetlighting Improvements consisting generally of joint
trench and streetlighting improvements along Rohnert Park Expressway between Snyder Lane and Kerry
Road.
AND WHEREAS, such offer is for the purpose of providing streetlighting services along Rohnert Park
Expressway in accordance with the Improvement Agreement dated June 23,2015.
AND WHEREAS the City of Rohnert Park, a Municipal Corporation of the State of California intended to
use the above described property for the above described purposes.
NOW, THEREFORE, the City of Rohnert Park, a Municipal Corporation of the State of California hereby
accepts the Irrevocable Offer of Dedication and authorizes the City Manager to execute this acceptance.
Dated: CITY OF ROHNERT PARK
Darrin Jenkins
City Manager
Authorized by Rohnert Park City Council Resolution No.
2019 - adopted on October 8,2019.
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 2019-129
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 VAST OAK PROPERTY PHASE 1 IN-TRACT RECYCLED WATER
SYSTEM IN-TRACT JOINT TRENCH AND STREETLIGHTING SYSTEM AND PHASE 1 OFFSITE
JOINT TRENCH AND STREET LIGHTING SYSTEM
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 June 23, 2015
and recorded on October 1, 2015 as Instrument No. 2015086193 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 , 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 October_, 2019.
C. City has no outstanding claims related to the Improvement Agreement, Improvements, defective
labor, or defective materials furnished.
D. As the Developer has completed performance under the Improvements 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 7.1, 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.
WORD-LA\LNB\70378756.3 -1-
EXHIBIT C TO RESOLUTION 2019-129
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: Darrin Jenkins
Title: City Manager
Authorized by City Council Resolution 2019-_
adopted on October 22,2019
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
Attest
By:
Name: JoAnne Buergler
Title: City Clerk
WORD-LA\LNB\70378756.3 -2-
EXHIBIT C TO RESOLUTION 2019-129
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-