Loading...
2020/09/08 City Council Resolution 2020-084EXHIBIT A TO RESOLUTION CERTIFICATE OF COMPLETION WILLOW GLEN (MAURICE FREDRICKS) PARK 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 Penn Grove Mountain LLC dated September 13, 2016 was completed to my satisfaction on August 11, 2020. That said work and improvements generally consisted of the construction of Willow Gl en Park as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on March 5, 2018. DATED: ____________, 2020 ____________________________________ City Engineer Return to: City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 NOTICE OF COMPLETION WILLOW GLEN (MAURICE FREDRICKS) PARK 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 August, 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 Redwood Equities, Inc. and Penn Grove Mountain LLC dated September 13, 2016 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 August ____, 2020, and that the name of the surety on the contractor's bond for labor and materials on said project is Philadelphia Insurance Company (Bond No. 1535200014). That said work and improvements generally consisted of Willow Glen (Maurice Fredricks) Park improvements. The improvements are more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on March 5, 2018. Dated: August ____, 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 August 2020, 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 WILLOW GLEN (MAURICE FREDRICKS) PARK WHEREAS, Penngrove Mountain LLC as owner ha s completed the Willow Glen (Maurice Fredricks) Park (Improvements). WHEREAS, the purpose of the improvements is to provide park and recreation improvements for the City. WHEREAS the City of Rohnert Park, a Municipal Corporation of the State of California intended to use the Improvements for the above described purposes. NOW, THEREFORE, the City of Rohnert Park, a Municipal Corporation of the State of California hereby accepts the Improvements 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. 2020-084 adopted on September 8, 2020. 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 not 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 WILLOW GLEN (MAURICE FREDRICKS) PARK 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 Penn Grove Mountain LLC (“Developer”). RECITALS A.City and Developer, entered into that certain Public Impr ovement Agreement, dated April 10, 2018 and recorded on April 26, 2018 as Instrument No. 2018028743 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Southeast Rohnert Park Specific Plan 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 _________, 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 August___, 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 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 By: _____________________ Name: Darrin Jenkins Title: City Manager Authorized by City Council Resolution 2020-084 adopted on September 8, 2020 APPROVED AS TO FORM: By: ______________________ Name: ______________________ Title: City Attorney Attest By: ______________________ Name: Sylvia Lopez Cuevas 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.