2019/10/22 City Council Resolution 2019-130 RESOLUTION NO. 2019-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE ROHNERT PARK EXPRESSWAY PHASE 1 IMPROVEMENTS
AND DIRECTING RELATED ACTIONS
WHEREAS, on November 24, 2015 the City Council of the City of Rohnert Park
adopted Resolution 2015-182, Authorizing and Approving the Public Improvement Agreement
and Public Facilities Fee Credit Agreement for Rohnert Park Expressway Improvements
including traffic signal and roadway 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 December 13, 2017, was recorded
on December 15, 2017 as Instrument No. 2017096529 in the Official Records of the County of
Sonoma; and
WHEREAS,the Agreement includes construction to widen the north side of Rohnert
Park Expressway from Snyder Lane to Petaluma Hill Road including construction of three new
traffic signals and modification of the Rohnert Park Expressway/Petaluma Hill Road traffic
signal, as well as median island improvements and landscaping; and
WHEREAS,University District LLC and Vast Oak Properties L.P (Developer) have
completed the construction of the widening 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 warranty bonds and cost documentation for
the improvements which substantiates an asset value of$3,119,654.33, which includes roadway
and joint trench work valued at $1,946,850.00, and landscape improvements valued at
$1,172,804.33.
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 Rohnert Park Expressway Phase 1 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 Rohnert Park Expressway Phase 1
improvements in substantially similar form to Exhibit B, attached to this Resolution and
incorporated by this reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute an acknowledgement of completion for the Rohnert Park Expressway Phase 1
improvements in a form similar to Exhibit C, attached to this Resolution and incorporated by this
reference, and any other documents necessary to terminate the agreement.
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 Rohnert Park
Expressway Phase 1 improvements, defined in the Agreement, as a capital asset of the City with
a current book value of$3,119,654.33 including $1,946,850 in curb, gutter, sidewalk, traffic
signal and paving improvements and landscape improvements valued at $1,172,804.33.
DULY AND REGULARLY ADOPTED this 22nd day of October, 2019.
CITY OF ROHNERT PARK
Gina B 1 rte,6 iyor
ATTEST:
Sylvia Lopez Cuevas, Assistant City Clerk
Attachments: Exhibit A, Exhibit B and Exhibit C
ADAMS: MACKENZIE: STAFFORD: CALLINAN: BELFORTE:
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Resolution 2019-130
2
EXHIBIT A TO RESOLUTION 2019-130
CERTIFICATE OF COMPLETION
ROHNERT PARK EXPRESSWAY PHASE 1 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 December 13, 2017 and recorded on December 15, 2017, was completed
to my satisfaction on October , 2019.
That said work and improvements generally consisted of the widening and median
improvements on Rohnert Park Expressway as more particularly described in the plans and
specifications approved by the City Engineer of Rohnert Park on April 26, August 30, and
December 7, 2016.
DATED: 12019
City Engineer
EXHIBIT A TO RESOLUTION 2019-130
Return to:
City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park,CA 94928
NOTICE OF COMPLETION
ROHNERT PARK EXPRESSWAY PHASE I 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
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 December 13, 2017 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. XXXXXX)
That said work and improvements generally consisted of the widening and median
improvements on Rohnert Park Expressway as more particularly described in the plans and
specifications approved by the City Engineer of Rohnert Park on April 26, August 30, and
December 7, 2016.
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 R01 NERT PARK
Mary Grace Pawson, P.E.
City Engineer
Exhibit B to Resolution 2019-130
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.
ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION
FOR ROHNERT PARK EXPRESSWAY PHASE I IMPROVEMENTS
WHEREAS, University District LLC and Vast Oak Property L.P., as owner(s), have made an Irrevocable
Offer of Dedication of the following described property:
Rohnert Park Expressway Phase 1 improvements including curb, gutter, sidewalk, traffic signal,
lighting, landscaping and paving improvements generally located north of the median island from Snyder
Lane to the city limits near Petaluma Hill Road.
AND WHEREAS, such offer is for the purpose of providing street improvements (including curb, gutter,
sidewalk, paving, traffic signals, street lighting and landscaping) in accordance with the Conditional of
Approval for the University District Specific Plan and the Improvement Agreement dated December 13,2017.
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(;)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 2019-130
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 OF THE ROHNERT PARK EXPRESSWAY PHASE 1
IMPROVEMENTS
This Acknowledgement of Completion of the Rohnert Park Expressway Phase 1
Improvements (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 December 13,
2017 and recorded on December 13, 2017 as Instrument No. 2017096529 in the Official Records of
Sonoma County, California (the"Improvement Agreement")with respect to Developer's off-site road,
traffic signal, and median landscaping improvements on northern Rohnert Park Expressway (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 Improvement 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 the Improvements under the Improvement Agreement on October
_, 2019.
C. City has no outstanding claims related to the Improvements, defective labor, or defective materials
furnished.
D. As the Developer has completed performance of the Improvements under the Improvement
Agreement, City desires to record a written statement acknowledging such completion.
NOW, THEREFORE, City hereby acknowledges and certifies as follows:
1. Completion of the Improvements. Developer has completed construction of the
Improvements under the Improvement Agreement.
2. Survival. Section 6.1, Indemnity, of the improvement Agreement remains in full force and
effect as to the Improvements. Further, the Improvement Agreement remains in full force and effect
as to Public Facilities Fee Credit, described in Section 8.
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 2019-130
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 2019-130
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 persons) 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-LAIN13\70378756.3 -3-