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2020/09/22 City Council Resolution 2020-089 RESOLUTION NO. 2020-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE LABATH AVENUE, CARLSON AVENUE, DOWDELL AVENUE AND REDWOOD DRIVE IMPROVEMENTS AND DIRECTING RELATED ACTIONS WHEREAS, on July 24, 2018, the City Council of the City of Rohnert Park adopted Resolution 2018-103, Authorizing and Approving an Off-Site Public Improvement, Public Facilities Fee Credit Agreement and Termination and Supersession of a Deferred Improvement Agreement for the Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements by and between the City of Rohnert Park and the Rohnert Park 668 LP (Agreement); and WHEREAS,the Agreement was recorded on September 10, 2018 as Instrument No. 2018064014 in the Official Records of the County of Sonoma; and WHEREAS, Rohnert Park 668 LP (Developer) has completed the construction of the Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements in accordance with the plans and specifications for the work, obtained applicable public facility fee credits and has requested the City to accept the work; and WHEREAS,the Developer has submitted cost documentation for Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements which substantiates and asset value of$736,480.00; 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 Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive 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 Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive 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 Off-Site Public Improvement, Public Facilities Fee Credit Agreement And Termination And Supersession Of A Deferred Improvement Agreement for the Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive 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 Director is authorized and directed to take the actions necessary to accept the Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements defined in the Agreement, as a capital asset of the City with a current book value of$736,480.00. DULY AND REGULARLY ADOPTED this 22nd day of September 2020 CITY OF ROHNER PARK ,...____ eji:___ Joseph . Callinan, Mayor ATTEST: Sylvia Lopez Cueva , City Clerk Attachments: Exhibit A, Exhibit B and Exhibit C ADAMS: BELFORTE: STAFFORDAUMk MACKENZIE: CALLINAN: AYES: ( Li ) NOES: ( 16) ABSENT: ( ( ) ABSTAIN ( ) Resolution 2020-089 2 EXHIBIT A TO RESOUTION CERTIFICATE OF COMPLETION LABATH AVENUE, CARLSON AVENUE, DOWDELL AVENUE AND REDWOOD DRIVE 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 August 1, 2018, was completed to my satisfaction on September 22, 2020. That said work and improvements generally consisted of the construction of street, sidewalk and streetscape improvements on Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on June 21, 2018. 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 LABATH AVENUE, CARLSON AVENUE, DOWDELL AVENUE AND REDWOOD DRIVE 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 September, 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 August 1, 2018 and in accordance with the plans and specifications for said work filed with and approved by the City Engineer. That said work and improvements were completed on September 22, 2020 and that the name of the surety on the contractor's bond for labor and materials on said project is Western Surety Company (Bond No. 3004614). That said work and improvements generally consisted of the construction street, sidewalk, and streetscape improvements on Labath, Carlson and Dowdell Avenue and utility tie-ins on Redwood Drive as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on Ju ne 21, 2018. Dated: September _____, 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 September, 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 LABATH AVENUE, CARLSON AVENUE, DOWDELL AVENUE AND REDWOOD DRIVE IMPROVEMENTS WHEREAS, Rohnert Park 668 LP as owner has completed the Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements (Improvements). WHEREAS, the purpose of the improvements is to provide street, sidewalk and streetscape 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-__ adopted on September 22, 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 OFF-SITE PUBLIC IMPROVEMENT, PUBLIC FACILITIES FEE CREDIT AGREEMENT AND TERMINATION AND SUPERSESSION OF A DEFERRED IMPROVEMENT AGREEMENT Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements This Acknowledgement of Completion and Termination of Off-Site Public Improvement Agreement, Public Facilities Fee Credit Agreement and Termination and Supersession of a Deferred Improvement Agreement (Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements) (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 Off-Site Public Improvement Agreement, Public Facilities Fee Credit Agreement and Termination and Supersession of a Deferred Improvement Agreement (Labath Avenue, Carlson Avenue, Dowdell Avenue and Redwood Drive Improvements) recorded on September 10, 2018 as Instrument No. 2018064014 in the Official Records of Sonom a County, California (the "Improvement Agreement ") with respect to Developer’s Residences at Fiv e 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 September 22, 2020. In addition, Developer has received all public facilities fee credits contemplated in the Improvement Agreement. 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. EXHIBIT C TO RESOLUTION WORD-LA\LNB\70378756.3 -2- 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. 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 Manager Authorized by City Council Resolution 2020-___ adopted on September 22, 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.