2021/02/09 City Council Resolution 2021-015 RESOLUTION NO. 2021-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE MARTIN AVENUE UTILITIES AND ASSOCIATED
IMPROVEMENTS (STADIUM LANDS PLANNED DEVELOPMENT)
WHEREAS, on January 23, 2018, the City Council of the City of Rohnert Park adopted
Resolution 2018-009, Authorizing and Approving an Off-Site Public Improvement Agreement
and Termination and Supersession of Deferred Improvement Agreements with Pacific
Hospitality Sonoma LLC and Stadium RP Partners LLC (Agreement); and
WHEREAS, the Agreement was recorded on March 2, 2018 as Instrument No.
201801440 in the Official Records of the County of Sonoma.
WHEREAS, Pacific Hospitality of Sonoma LLC and Stadium RP Partners LLC
(Developer) has completed the construction of the Martin Avenue Utilities and Associated
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 Martin Avenue
Utilities and Associated Improvements which substantiates a storm drain asset value of
$230,455, a potable water asset value of$127,014 and a sanitary sewer asset value of$44,920;
and
WHEREAS, accepting the completed improvements is the final action anticipated by the
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 Martin Avenue Utilities and Associated 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 Martin Avenue Utilities and Associated
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 Martin Avenue Utilities and Associated
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 storm drain, potable
water and sanitary sewer utilities included in the Martin Avenue Utilities and Associated
Improvements, defined in the Agreement, as capital assets of the City with current book values of
$230,455, $127,014 and $44,920 respectively.
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DULY AND REGULARLY ADOPTED this 9`h day of February 2021
CITY OF ROHNERT PARK
ratha
. - . _ .ice, Mayor
ATTEST:
Sylvia Lopez Cuevas, City Clerk
Attachments: Exhibit A, Exhibit B & Exhibit C
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Resolution 2021-015
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EXHIBIT A TO RESOLUTION 2021-015
CERTIFICATE OF COMPLETION
MARTIN AVENUE UTILITIES AND ASSOCIATED IMPROVEMENTS
(STADIUM LANDS PLANNED DEVELOPMENT)
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 Pacific Hospitality Sonoma LLC and
Stadium Lands RP LLC the Rohnert Park 668 LP dated January 23, 2018, was completed t o my
satisfaction on February 9, 2021.
That said work and improvements generally consisted of the construction of public water,
sewer and storm drain improvements together with private street and landscaping improvements
located within Martin Avenue between Labath Avenue and Dowdell Avenue together with a
storm drain outfall to Hinebaugh Creek, as more particularly described in the plans and
specifications approved by the City Engineer of Rohnert Park on December 28, 2017.
DATED: _____________, 2021
____________________________________
City Engineer
EXHIBIT A TO RESOLUTION 2021-015
Return to:
City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
NOTICE OF COMPLETION
MARTIN AVENUE UTILITIES AND ASSOCIATED IMPROVEMENT
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 t he
__ day of _______, 2021, 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 Pacific Hospitality Sonoma LLC and Stadium
Lands RP LLC the Rohnert Park 668 LP dated January 23, and in accordance with the plans and
specifications for said work approved by the City Engineer.
That said work and improvements were completed on ________________, 2021, and that
the name of the surety on the contractor's bond for labor and materials on said project is SureTec
(Bond No. 4411499).
That said work and improvements generally consisted of the construction of public water,
sewer and storm drain improvements together with private street and landscaping improvements
located within Martin Avenue between Labath Avenue and Dowdell Avenue together with a
storm drain outfall to Hinebaugh Creek, as more particularly described in the plans and
specifications approved by the City Engineer of Rohnert Park on December 28, 2017.
Dated: ___________, 2021 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 __________, 2021, 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 MARTIN AVENUE UTILITIES AND ASSOCIATED
IMPROVEMENTS
WHEREAS, Pacific Hospitality Sonoma LLC and Stadium RP Partners LLC as owner(s), have completed
public water, sewer and storm drain infrastructure in Martin Avenue together with a storm drain outfall to
Hinebaugh Creek (the “Improvements”).
WHEREAS, the Improvements are for the purpose of providing utility service to a portion of the Residences
at Five Creek subdivision within the Stadium Lands Planned Development.
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.
2021-__ adopted on February 9, 2021
EXHIBIT B TO RESOLUTION 2021-015
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 2021-015
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 OFFSITE PUBLIC
IMPROVEMENT AGREEMENT AND TERMINATION AND SUPERCESSION OF DEFERRED
IMPROVEMENT AGREEMENTS FOR THE MARTIN AVENUE UTILITIES AND ASSOCIATED
IMPROVEMENTS
This Acknowledgement of Completion and Termination of Offsite Public Improvement
Agreement and Termination and Supercession of Deferred Improvement Agreements (the
"Acknowledgement") is entered into as of __________________, 2022, by the City of Rohnert Park, a
California municipal corporation (“City”), in favor of Pacific Hospitality Sonoma LLC and Stadium RP
LCC, each California Limited Liability Companies (“Developer”).
RECITALS
A.City and Developer, entered into that certain Offsite Public Improvement Agreement and
Termination and Supercession of Deferred Improvement Agreements recorded on March 2, 2018
2018014401 in the Official Records of Sonoma County, California (the "Improvement Agreement ")
with respect to Developer’s Cambria Hotel Project (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 _________, 202 and recorded on
__________, 2021 as Instrument No. 2021_________ in the Official Records of Sonoma County,
California that Developer completed all things required of Developer under the Improvement
Agreement on ___________, 2021.
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 Manager
Authorized by City Council Resolution 2021-___
adopted on February 9, 2021
APPROVED AS TO FORM:
By: ______________________
Name: ______________________
Title: City Attorney
Attest
By: _______________________
Name: _______________________
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.