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2019/12/10 City Council Resolution 2019-156RESOLUTION NO. 2019-15b A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'ROHNERT PARI( ACCEPTING THE VAST OAK EAST WET UTILITY IMPROVEMENTS AND DIRECTING RELATED ACTIONS WIIEREAS, on May 23,2017, the City Council of the City of Rohnert Park adopted Resolution 2017-063, Authorizing and Approving the Public Improvement Agreement for the Vast Oak East Wet Utility 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 May 23,2017, was recorded on June 19, 2107 as Instrument No. 2017047515 in the Official Records of the County of Sonoma. WHEREAS, University District LLC and Vast Oak Properties L.P @eveloper) have completed the construction of the Vast Oak East Wet Utility 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 cost documentation for Vast Oak East Wet Utility Improvements which substantiates an asset value of $965,840 for Neighborhoods 2-y'^,2- E, and 2-F and81,923,790 forNeighborhoods 2-8,2-C, and 2-D; and WIIEREAS, 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 the City Engineer is authorized and directed to execute and file the Notice of Completion and related documents for the Vast Oak East Wet Utility 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 Vast Oak East Wet Utility - 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 waruanty period, the City Manager is hereby authorized and directed to execute the Acknowledgement of Completion and Termination of the Public Improvement Agreement for Vast Oak East Wet Utility 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 Department is authorized and directed to take the actions necessary to accept the Vast Oak East Wet Utility Improvements, defined in the Agreement, as capital assets of the City with a current book value of $965,840.00 for Neighborhoods 2-4, 2-8, and 2-F and 51,923,790.00 for Neighborhoods 2-8, 2-C, and2-D. DULY AND REGULARLY ADOPTEDthis 10th day of December, 2019. CITY OF ROHNERT PARK Gina ATTEST: Assistant City Clerk Attachments: Exhibit A, B and C ADAMS: sn¿¿ vr¿,cKENZrE: -$.K=.srnryoÐ' @ c|!LÏ\¡* ^89Çr" nnrFoRrE: \¿' AYES (5 ) Nons: 1 Ø ) ABSENTt ( ø ) ABSTAIN: ( p ) Resolution 2019-156 2 EXHIBIT A TO RESOUTION CERTIFICATE OF COMPLETION VAST OAK EAST WET UTILITY 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 May 23 , 2017, was completed to my satisfaction on November 26, 2019. That said work and improvements generally consisted of the construction of neighborhood sanitary sewer, storm drain, potable water, and recycled water improvements within the boundaries of Vast Oak Properties Vast Oak East Phase 2 (Final Maps Vast Oak Phases 2-A Thru 2-F), as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on May 17 and May 18, 2017. 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 VAST OAK EAST WET UTILITY 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 December 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 May 23, 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 November 26, 2019, and that the name of the surety on the contractor's bonds for labor and materials on said project is Liberty Mutual Insurance Company (Bond Nos. 929470146 and 929470147). That said work and improvements generally consisted of the construction of neighborhood potable water, recycled water, sanitary sewer, and storm drain improvements within the boundaries of Vast Oak East Phase 2 (Final Maps Vast Oak Phases 2-A thru 2-F), as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on May 17 and May 18, 2015. Dated: December __, 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 December, 2019, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer 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 VAST OAK EAST WET UTILITY 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: That said work and improvements generally consisted of the construction of neighborhood sanitary sewer, storm drain, potable water, and recycled water improvements within the boundaries of Vast Oak Properties Vast Oak East Phase 2 (Final Maps Vast Oak Phases 2-A Thru 2-F), as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on May 17 and May 18, 2017. AND WHEREAS, such offer is for the purpose of providing sanitary sewer, storm drainage, water and recycled water service to the Vast Oak East Phase 2 development in accordance with Improvement Agreement dated May 23, 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 December 10, 2019. EXHIBIT B TO RESOLUTION ACKNOWLEDGMENT 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) 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. EXHIBIT C TO RESOLUTION WORD-LA\LNB\70378756.3 -1- 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 EAST WET UTILITY 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 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 May 23, 2017, and recorded on June 19, 2017 as Instrument No. 2017047515 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Vast Oak East Phase 2 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 November 26, 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 6.1, 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. IN WITNESS WHEREOF, the undersigned duly executed this Acknowledgement as of the date set forth above. EXHIBIT C TO RESOLUTION WORD-LA\LNB\70378756.3 -2- CITY: City of Rohnert Park, a municipal corporation B y: _____________________ Name: Darrin Jenkins Title: City Manager Authorized by City Council Resolution 2019-__ adopted on December 10, 2019 APPROVED AS TO FORM: By: ______________________ Name: ______________________ Title: City Attorney Attest By: ______________________ Name: JoAnne Buergler Title: City Clerk EXHIBIT C TO RESOLUTION WORD-LA\LNB\70378756.3 -3- 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) 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.