2020/05/12 City Council Resolution 2020-040 RESOLUTION NO. 2020-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE THIRD AMENDMENT TO THE MASTER MAINTENANCE
AGREEMENT WITH UNIVERSITY DISTRICT LLC FOR THE VAST OAK EAST
PHASE 3A DEVELOPMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT
WHEREAS,on April 8, 2014, the City Council of the City of Rohnert Park adopted
Resolution 2014-035 approving the Tentative Map for the University District Specific Plan Area,
prepared by MacKay& Somps and dated February 2014 (the"Tentative Map"), subject to
certain conditions of approval ("Conditions"); and
WHEREAS, Brookfield Homes ("Developer") has submitted the Final Maps for the
third second phase of development under the Tentative Map, specifically Phase 3A for the Vast
Oak North Property Phase 3 ("Phase 3A"), consisting of 86 single-family residential lots, for
approval; and
WHEREAS,the Phase 3A Map has been reviewed by the City Engineer and City
Surveyor and have been determined to be technically accurate and in substantial conformance
with the Tentative Map; and
WHEREAS,the Conditions of Approval for the Tentative Map require that Developer
enter into an agreement with the City for the long-term maintenance of certain improvements,
including but not limited to, landscaping on private and public property, stormwater treatment
measures, and the Hinebaugh Creek Trail ("Improvements"), and to establish a Homeowner's
Association ("Association")to perform ongoing maintenance responsibilities; and
WHEREAS,the City and Developer have previously entered into a Master Maintenance
Agreement (Agreement) for the Vast Oak Phase 1 development; and
WHEREAS,the City and Developer previously approved the First Amendment to the
Agreement to provide for inclusion of Vast Oak Phases 2-A thru 2-D, and
WHEREAS,the City and Developer previously approved a Second Amendment to the
Agreement to provide for inclusion of Vast Oak Phases 2-E thru 2-F, and
WHEREAS,the City and Developer now intend to enter into the Third Amendment to
the Master Maintenance Agreement (Third Amendment)to include the properties within the
Phase 3A, to provide for the ongoing maintenance of Improvements within the boundary of the
Phase 3A Map and to provide for the assignment of this responsibility to the Association.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the Third Amendment to the Master Maintenance
Agreement.
BE IT FURTHER RESOLVED that the City Manager or his designee is hereby
authorized and directed to execute the Third Amendment to the Master Maintenance Agreement
in substantially similar form to the amendment attached hereto and incorporated by this reference
as Exhibit A subject to minor modification by the City Manager or City Attorney, and to take
any actions necessary to effectuate the terms of the amendment.
DULY AND REGULARLY ADOPTED this 12th day of May 2020.
Josep T. Callinan, Mayor
ATTEST:
Sylvia Lopez Cuevas, Assistant City Clerk
Exhibit A
ADAMS: BELFORTE: TAFFORD: MACKENZIE. CALLINAN:
AYES: (� NOES: ( �) ABS N ( � ) ABSTAIr(�)
Resolution 2020-040
2
OAK #4840-8280-0978 v1 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
Attention: City Clerk
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(Space Above This Line for Recorder’s Use Only)
Exempt from recording fee per Gov. Code § 27383
THIRD AMENDMENT TO MASTER MAINTENANCE AGREEMENT
This THIRD AMENDMENT TO MASTER MAINTENANCE AGREEMENT (“Third
Amendment”), is made as of by and between UNIVERSITY DISTRICT, LLC, a
Delaware limited liability company (“Developer”), and CITY OF ROHNERT PARK, a California
municipal corporation (the “City”).
1. Maintenance Agreement. On April 13, 2016, Developer and City entered into an
agreement entitled “MASTER MAINTENANCE AGREEMENT (University District - Vast Oak)” dated
April 13, 2016 (the “Maintenance Agreement”).
2. Amendment. On November 14, 2017, Developer and City entered into an Amendment to
the Master Maintenance Agreement.
3. Second Amendment. On November 13, 2018, Developer and City entered into a Second
Amendment to the Master Maintenance Agreement.
4. Right to Assign. Pursuant to Section 17 of the Maintenance Agreement, City and
Developer desire to add the Added Property, described in Exhibit A1, attached hereto and incorporated
herein by this reference, to the Maintenance Agreement.
5. Effective Date. The term “Effective Date” shall mean the date set forth above.
6. Defined Terms. Capitalized terms used herein and not otherwise defined shall have the
meaning set forth in the Maintenance Agreement.
7. Project Improvements. The term “Project Improvements,” as defined in the Maintenance
Agreement, is hereby amended to include those improvements described in Exhibit A2, attached hereto and
incorporated herein by this reference.
8. Additional Obligations. Except as expressly set forth herein, all of the covenants,
obligations and rights set forth in the Maintenance Agreement shall apply to the Added Property and
Developer.
9. Miscellaneous.
Exhibit A to Resolution
OAK #4840-8280-0978 v1 2
a. Each party to this Agreement shall execute and deliver such instruments,
documents and other written information and take such other actions as the other party may reasonably
require in order to carry out the intent of this Agreement.
b. This Agreement and all the provisions hereof shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns.
c. This Agreement may be executed in one or more counterparts, all of which taken
together shall constitute one instrument.
d. This Agreement is made and entered into in California, and the laws of California
shall govern the validity and interpretation hereof and the performance by the parties hereto of their
respective duties and obligations.
e. This Agreement shall be recorded in the Official Records of the County of
Sonoma, State of California.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date.
DEVELOPER:
University District LLC, a
Delaware Limited Liability Company
By:
Name:
Title:
[Signature must be notarized]
CITY:
City of Rohnert Park, a
Municipal Corporation
By:
ATTE
ST:
Darrin Jenkins, City Manager
JoAnne M. Buergler, City Clerk
APPROVED AS TO FORM:
OAK #4840-8280-0978 v1 3
Michelle Marchetta Kenyon, City Attorney
OAK #4840-8280-0978 v1 Acknowledgment
ACKNOWLEDGMENTS
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 ____________ __, 20__ before me, , 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: (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 not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On ____________ __, 20__ before me, , 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: (seal)
OAK #4840-8280-0978 v1 Acknowledgment
ACKNOWLEDGMENT
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 ____________ __, 20__ before me, , 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: (seal)
OAK #4840-8280-0978 v1 Exhibit A1
Exhibit A1
Added Property
[attached]
OAK #4840-8280-0978 v1 Exhibit A2
Exhibit A2
Added Project Improvements
[attached]
19539.010
IBM
April 6, 2020
Page 1 of 1
P:\19539\Plats-Legals\Legals\3A Lots and Streets Legal Description (no sign)_2020-04-06.doc
EXHIBIT A1
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF ROHNERT PARK, COUNTY OF
SONOMA, STATE OF CALIFORNIA, BEING LOTS 1 THROUGH 86, OASIS PLACE, OCEAN PLACE,
O’RYAN ROAD, OVERLOOK PLACE, OVERLOOK WAY, AND OLYMPIC PLACE ALL AS SHOWN
ON THAT CERTAIN MAP ENTITLED “VAST OAK NORTH PHASE 3-A” RECORDED IN BOOK ___ OF
MAPS AT PAGES __ THROUGH __, SONOMA COUNTY RECORDS, DOCUMENT NO. __________.
END OF DESCRIPTION
Exhibit A1 to Amended Master Maintenance Agreement
PETALUMA HILL ROADPARCEL L
APARTMENT SITE
(NOT A PART OF
"UD ASSOCIATION")
COMMERCIAL CENTER
(NOT A PART OF
"UD ASSOCIATION")
PARCEL J
PARCEL K
PARCEL I
PARCEL G
PARCEL N
PARCEL M
PARCEL DPARCEL C
PARCEL A
PARCEL E
PARCEL B
PARCEL H
PARCEL F
92
89
95
65 62 5980 5677 5374 50716883
78 5473 4972676661607955
96
8490
91
9798
88
93
94
99
47
48
85
6382 5881 5776 5275 5170 46
87
69
86
64
600
147144118126110121134
122 125 133109117
113
114
129
130106
105 137
138
141
120 127 128 135104 136111112119
143 148
149
107 139108
140
115
145
116
146
123
150
124 131 132
101
100
142
103
102 600
40
38 42
37 43
36 44
35 45
34 46
33 47
32 48
31 49
30 50
29 51
28 52
27 53
26 54
4139
8
9
1
3
4
5
6
7
12
13
10
11
75
67
74
66
73
72
71
70
69
76
68
22 58
63
62
64
65
25 55
24 56
23 57
5921
14
16
15
17
18
20 616019
PARCEL C
PARCEL A PARCEL B
2
600
PARCEL D
77
78
161
160
159
158 172
171
170
169
168
167
166
173 174157
127
119
126
118
133
125
117
132
124
131
123
130
122
129
121
128
120
109
101
108
100
107
99
114
106
98
113
105
112
104
111
103
110
102
84
85
86
80
81
82
83
163
164
79
162
165
136
144
137
145
138
139
140
141
142
143
115 116
189
181
188
180
187
179
186
178
193
185
177
192
184
176
191
183
190
182
153
152
151
150
149
148
155
147
154
146
91
95
94
93
92
89
90
88
87
175
1561351349796
PARCEL B
244
PARCEL A
PARCEL C
274
266
273
265
272
264
271
270
277
269
276
268
275
267
239
231
232
233
234
235
236
229
237
230
238
240
241
242
243
244
245
246
263
261
253
260
252
259
251
258
250
257
249
256
248
255
262
254
278247213
207
199
206
198
205
197
204
196
211
203
195
210
202
194
209
201
208
200
212
219
218
217
216
215
214
220
600
227
226
225
224
223
222
221
228
PARCEL A
PARCEL B
PARCEL E
69 22
PARCEL A
STREET B
47
63
68
73
66
70
72
PARCEL B
4648
59
61
50
53
55
56
57
64
62
6
5471
5867
76
52
74 51
49
75
6065
9
7
8
11
10
12
4
5
13
1
16
19
33
28
37
32
41
20
23
17
36
31
40
35
24
44
18
21
30
15
39
34
29
42
38
25
43
26
3
2
14
STREET A
45
27
PARCEL F
7778
79 80
8182
83 84
85
86 PARCEL C
PARCEL D
PROPOSED LAND USE SUMMARY
PARCEL LANDUSE OWNERSHIP AREA (NET)
OPEN SPACE 40.50± AC
LOTS 49.91± AC
ROADWAYS 24.72± AC
PARK 6.58±AC
TOTAL 124.71± AC
FUTURE HINEBAUGH CREEK
PEDESTRIAN BRIDGE
Exhibit A2 to Amended Master Maintenance Agreement
PETALUMA HILL ROADAPPROXIMATE CENTERLINE OF HINEBAUGH CREEK
PARCEL J
PARCEL K
PARCEL N
PARCEL C
PARCEL D
78
167
166
163
164
165
193
192
PARCEL B
PARCEL A
PARCEL C
237
238
195
194
PARCEL A
PARCEL B
O'RYAN ROAD OLYMPIC PLACEOVERLOOK WAYOVERLOOK PLACEOASIS PLACE
OCEAN PLACEKEISER AVENUE
KERRY ROADPROPOSED PARK
HINEBAUGH CREEK
HINEBAUGH CREEK PETALUMAHILL ROADNOT A PART
FUTURE RESIDENTIAL ONLY
NOT A PART
APARTMENT SITE
LEGEND
S/W - OWNED BY CITY AND
MAINTAINED BY ADJOINING
PROPERTY OWNER
PRIVATELY OWNED - HOA MAINTAINED
CITY OWNED - HOA MAINTAINED
LEGEND
FRONT YARDS
AND BIOSWALES
DWELLING UNIT
DWELLING UNIT
SIDE YARD (NOT A PART)BACKYARD (NOT A PART)