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2020/03/24 City Council Resolution 2020-028 RESOLUTION NO. 2020-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE RESIDENCES AT FIVE CREEK PUBLIC PARK IMPROVEMENTS AND DIRECTING RELATED ACTIONS WHEREAS, on July 9,2019, the City Council of the City of Rohnert Park adopted Resolution 2019-084, Authorizing and Approving the Public Improvement Agreement for the Residences at Five Creek Public Park Improvements by and between the City of Rohnert Park and the Rohnert Park 668 LP(Agreement); and WHEREAS, the Agreement was recorded on August 5, 2019 as Instrument No. 201954124 in the Official Records of the County of Sonoma. WHEREAS, Rohnert Park 668 LP (Developer) has completed the construction of the Residences at Five Creek Public Park 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 Residences at Five Creek Public Park which substantiates and asset value of$668,416.00; and WHEREAS,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 authorizes and directs the City Engineer to execute and file the Notice of Completion and related documents for the Residences at Five Creek Public Park 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 Residences at Five Creek Public Park 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 Residences at Five Creek Public Park, 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 Director is authorized and directed to take the actions necessary to accept the Residences at Five Creek Public Park Improvements, defined in the Agreement, as a capital asset of the City with a current book value of$668,416.00 DULY AND REGULARLY ADOPTED this 24th day of March 2020 CITY OF ROHNER PARK — Joseph Callinan, Mayor ATTEST: Sylvia pez uevas,Assistant City Clerk ADAMS: DELFORTE: STAFFORD: MACKENZIE:fi-{J}{ CALLINAN: JJ AYES: ( 5 ) OES: (16 ) ABS T: ( 0 ABSTAIN: ( "` ) Resolution 2020-028 2 EXHIBIT A TO RESOUTION CERTIFICATE OF COMPLETION RESIDENCES AT FIVE CREEK PUBLIC PARK 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 Rohnert Park 668 LP dated July 9, 2019, was completed to my satisfaction on February 28, 2020. That said work and improvements generally consisted of the construction of neighborhood park improvements within the boundaries Residences at Five Creek Subdivision, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on July 1 9, 2019. DATED: _____________, 2020 ____________________________________ City Engineer EXHIBIT A TO RESOUTION Return to: City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 NOTICE OF COMPLETION RESIDENCES AT FIVE CREEK PUBLIC PARK 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 March, 2020, 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 Rohnert Park 668 LP, dated July 9, 2019 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 February 28, 2020, and that the name of the surety on the contractor's bond for labor and materials on said project is CAN Surety (Bond No. 30072934). That said work and improvements generally consisted of the construction of neighborhood park improvements within the boundaries of Residences at Five Creek Final Map, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on July 18, 2019. Dated: March_____, 2020 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 March, 2020, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer CERTIFICATE OF ACCEPTANCE TWIN CREEKS PARK This is to certify that the interest in that certain infrastructure described in the Public Improvement Agreement for the Residences at Five Creek Park Improvements, by and between the City of Rohnert Park and the Rohnert Park 668 LP, is hereb y accepted b y the City Manager on behalf of the grantee pursuant to authority conferred by Resolution No. 2020-__ of the City Council of the City of Rohnert Park adopted on March 24, 2020. Dated: ____________, 2020 By:______________________________ Darrin Jenkins, City Manager Authorized by City Council Resolution 2020-__adopted on March 24, 2020 ATTEST: By: JoAnne Buergler, Cit y Clerk ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 20 , before me, , the undersigned, personally appeared , ( ) personall y known to me ( ) 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 capacit y(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. WITNESS my hand and official seal: Signature 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 RESIDENCES AT FIVE CREEK PARK IMPROVEMENTS This Acknowledgement of Completion and Termination of Public Improvements Agreement (the "Acknowledgement") is entered into as of __________________, 2021, by the City of Rohnert Park, a California municipal corporation (“City”), in favor of the Rohnert Park 668 LP, a California Limited Partnership (“Developer”). RECITALS A. City and Developer, entered into that certain Public Improvement Agreement recorded on August 5, 2019 as Instrument No. 2019054124 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Residences at Five Creek Apartments (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 _________, 2020 and recorded on __________, 2020 as Instrument No. 2020_________ in the Official Records of Sonoma County, California that Developer completed all things required of Developer under the Improvement Agreement on February 28, 2020. 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. EXHIBIT C TO RESOLUTION WORD-LA\LNB\70378756.3 -2- 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 Ma nager Authorized by City Council Resolution 2020-___ adopted on March 24, 2020 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.