2021/09/14 City Council Resolution 2021-099 RESOLUTION NO. 2021-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A FORM OF ACKNOWLEGEMENT OF COMPLETION AND
TERMINATION OF PUBLIC IMPROVEMENT AGREEMENT AND RELATED
ACTIONS
WHEREAS, the Rohnert Park Municipal Code requires proponents of development
projects that include public infrastructure to enter into Public Improvement Agreements with the
City and post security to ensure that necessary infrastructure is completed; and ;
WHEREAS, these Public Improvement Agreements are authorized by the City Council
and recorded against the property benefitting from the development entitlements to ensure that
subsequent development interests are aware of the obligations to construct improvements; and
WHEREAS, upon satisfactory completion of the required improvements,the City
Council accepts the improvements and initiates a warranty period; and
WHEREAS, formally terminating the Public Improvement Agreement with a recorded
acknowledgement once all work is completed and accepted and the warranty period is complete
is necessary to ensure that the title to the private property is not clouded indefinitely.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the Form of Acknowledgement and Completion and
Termination of Public Improvement Agreement attached as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute
Acknowledgments of Completion and Termination of Public Improvement Agreement for and on
behalf of the City of Rohnert Park, in substantially similar form to the attached Exhibit"A,"
subject to minor modifications by the City Manager or City Attorney, and to execute any other
documents or take further actions as necessary to acknowledge the completion and termination of
Public Improvement Agreements.
DULY AND REGULARLY ADOPTED this 14th d., o -ptember 2021.
CITY a F R ii NERT PARK
/ll 1
G- a Orli - ayor
ATTEST:
Elizabeth Macha o, Acting City Clerk ._
Attachment: Exhibit A
ADAMS: ALje LINARES: Alie STAFFORD: Al.'e ELWARD: PtLie GIUDICE: PVLie
AYES: ( 5j ) NOES: ( 0 ) ABSENT: ( p5. ) ABSTAIN: ( c� )
Exhibit A 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
This Acknowledgement of Completion and Termination of Public Improvements Agreement
(the "Acknowledgement") is entered into as of __________________, 20__, by the City of Rohnert
Park, a California municipal corporation (“City”), in favor of _________________, a ___________
(“Developer”).
RECITALS
A. City and Developer, entered into that certain Public Improvement Agreement recorded on
__________ 20__ as Instrument No. ________________ in the Official Records of Sonoma County,
California (the "Improvement Agreement ") with respect to Developer’s _____________ 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 _________, 20__ and recorded on
__________, 20__ as Instrument No. _______________ in the Official Records of Sonoma County,
California that Developer completed all things required of Developer under the Improvement
Agreement on _________ __, 20__.
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 _._, 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 A 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:
Title: City Manager
Authorized by City Council Resolution 2021-___
adopted on September 14, 2021
APPROVED AS TO FORM:
By: ______________________
Name: ______________________
Title: City Attorney
Attest
By: ______________________
Name:
Title: City Clerk
Exhibit A 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.