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2021/10/12 City Council Resolution 2021-113 RESOLUTION NO. 2021-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE FOURTH AND FIFTH AMENDMENTS TO THE MASTER MAINTENANCE AGREEMENT BETWEEN UNIVERSITY DISTRICT LLC AND THE CITY OF ROHNERT PARK AND RELATED ACTIONS 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, University District LLC ("Developer") has submitted the Final Map for the final phase of residential development under the Tentative Map, known as Vast Oak North Phase 3B, which consists of 120 single-family residential lots, for approval; and WHEREAS, the Phase 3B Map has been reviewed by the City Engineer and City Surveyor and have been determined to be technically accurate and in 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 development, which has been amended three times as the development progressed; and WHEREAS, the City and Developer now intend to enter into a Fourth Amendment to the Master Maintenance Agreement, which provides for the inclusion of the properties within the Phase 3B Map under the Agreement; and WHEREAS, the City and Developer now intend to enter into a Fifth Amendment to Master Maintenance Agreement, which provides for the inclusion of the affordable housing project under the Agreement, for the sole purpose of documenting that the property receives stormwater detention and treatment service from the HOA maintained basin.. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the Fourth Amendment to Master Maintenance Agreement included as Exhibit A and the Fifth Amendment to the Master Maintenance Agreement included as Exhibit B. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Fourth and Fifth Amendments to the Master Maintenance Agreement in substantially similar form to those amendments attached hereto and incorporated by this reference as Exhibits A and B subject to minor modification by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 26th day of October, 2021. CITY OF '/I 'T PARK £4- Ger. d I ,(4 , for ATTEST: Elizabe h Machado, Acting City Clerk - '-- Attachments: Exhibit A—Fourth Amendment to the Master Maintenance Agreement Exhibit B—Fifth Amendment to the Master Maintenance Agreement ADAMS: Aq e LINARES: r-1 e_ STAFFORD: ELWARD: Qr GIUDICE: Awe- 1 AYES: ( 5' ) NOES: ( 0 ) ABSE 2: ( QS ) ABSTAIN: (0 ) Resolution 202 1-1 13 2 19539.010 KMR August 4, 2021 Page 1 of 1 P:\19539\Plats-Legals\Legals\3B Lots and Streets Legal Description (no sign).doc EXHIBIT A 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 120, OXFORD PLACE, OTTER PLACE, OAK LEAF PLACE, ORCHARD PLACE, ORCHARD WAY, OWEN PLACE, AND OLIVE PLACE ALL AS SHOWN ON THAT CERTAIN MAP ENTITLED “VAST OAK NORTH PHASE 3-B” RECORDED IN BOOK ___ OF MAPS AT PAGES __ THROUGH __, SONOMA COUNTY RECORDS, DOCUMENT ___________. END OF DESCRIPTION PETALUMA HILL ROAD PARCEL LAPARTMENT SITE(NOT A PART OF"UD ASSOCIATION")COMMERCIAL CENTER(NOT A PART OF"UD ASSOCIATION")PARCEL DPARCEL MPARCEL DPARCEL CPARCEL APARCEL EPARCEL BPARCEL EPARCEL F9289956562598056775374507168837854734972676661607955968490919798889394994748856382588157765275517046876986646001471441181261101211341221251331091171131141291301061051371381411201271281351041361111121191431481491071391081401151451161461231501241311321011001421031026004038423743364435453446334732483149305029512852275326544139891345671213101175677466737271706976682258636264652555245623575921141615171820616019PARCEL APARCEL B2600PARCEL D7778161160159158172171170169168167166173174157127119126118133125117132124131123130122129121128120109101108100107991141069811310511210411110311010284858680818283163164791621651361441371451381391401411421431151161891811881801871791861781931851771921841761911831901821531521511501491481551471541469195949392899088871751561351349796PARCEL B244PARCEL APARCEL C274266273265272264271270277269276268275267239231232233234235236229237230238240241242243244245246263261253260252259251258250257249256248255262254278247213207199206198205197204196211203195210202194209201208200212219218217216215214220600227226225224223222221228PARCEL APARCEL B107959410590779199981011001191111121151161049293106828584818687788988102103969760636771727370666261494658575354656450696818212225263841333437118120110113114117744583428017797675PARCEL B3167101114232930353639404332STREETS 198541131252514847445956552324272816192015STREETS 2108109PARCEL CPARCEL DPARCEL EPARCEL A107959410590779199981011001191111121151161049293106828584818687788988102103969760636771727370666261494658575354656450696818212225263841333437118120110113114117744583428017797675PARCEL B3167101114232930353639404332STREETS 198541131252514847445956552324272816192015STREETS 2108109PARCEL CPARCEL DPARCEL EPARCEL APARCELAPARCEL B107959410590779199981011001191111121151161049293106828584818687788988102103969760636771727370666261494658575354656450696818212225263841333437118120110113114117744583428017797675PARCEL B3167101114232930353639404332STREETS 198541131252514847445956552324272816192015STREETS 2108109PARCEL CPARCEL DPARCEL EPARCEL APROPOSED LAND USE SUMMARY - TOTALPARCELLANDUSEOWNERSHIP AREA (NET)OPEN SPACE 49.60± ACLOTS 92.32± ACROADWAYS 56.36± ACPARK 13.42± ACTOTAL 211.70± ACFUTURE HINEBAUGH CREEKPEDESTRIAN BRIDGE PETALUMA HILL ROAD APPROXIMATE CENTERLINE OF HINEBAUGH CREEK1PARCEL D7816716616316479165193192191PARCEL BPARCEL APARCEL C239236237238196195194PARCEL APARCEL BO'RYAN ROADOLYMPIC PLACEOVERLOOK WAYOVERLOOK PLACE OASIS PLACEOCEAN PLACE KEISER AVENUEKERRY ROAD PUBLIC PARKHINEBAUGH CREEKHINEBAUGH CREEKPETALUMA HILL ROADAPARTMENT SITEOXFORD PLACEOAK LEAF PLACEORCHARD PLACE OLIVE PLACEOWEN PLACEORCHARD WAYOTTER PLACEPARCELAPARCEL DPARCEL BLEGEND S/W - OWNED BY CITY AND MAINTAINED BY ADJOINING PROPERTY OWNER PRIVATELY OWNED LANDSCAPING- HOA MAINTAINED CITY OWNED - HOA MAINTAINED LEGEND FRONT YARDS AND BIOSWALES DWELLING UNIT DWELLING UNIT SIDE YARD (NOT A PART)BACKYARD (NOT A PART) 383 382381 380 AC PADAC PADAC PADAC PADS/W - OWNED BY CITY AND MAINTAINED BY ADJOINING PROPERTY OWNER PRIVATELY OWNED PAVING - HOA MAINTAINED CITY OWNED - HOA MAINTAINED LEGEND FRONT YARDS AND BIOSWALES DWELLING UNIT SIDE YARD (NOT A PART)BACKYARD (NOT A PART)DWELLING UNIT DWELLING UNIT DWELLING UNIT SIDE YARD (NOT A PART)BACKYARD (NOT A PART)SIDE YARD (NOT A PART)SIDE YARD (NOT A PART) PRIVATELY OWNED LANDSCAPING - HOA MAINTAINED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 Attention: City Clerk ) ) ) ) ) ) ) (Space Above This Line for Recorder’s Use Only) Exempt from recording fee per Gov. Code § 27383 FIFTH AMENDMENT TO MASTER MAINTENANCE AGREEMENT This FIFTH AMENDMENT TO MASTER MAINTENANCE AGREEMENT (“Fifth 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, Vast Oak L.P., Developer and City entered into an agreement entitled “MASTER MAINTENANCE AGREEMENT (University District - Vast Oak)” dated April 13, 2016 (the “Maintenance Agreement”) and recorded as document number 2016034336 in the official records of the County of Sonoma. 2. Amendment. On November 14, 2017, Vast Oak L.P., Developer and City entered into an Amendment to the Master Maintenance Agreement recorded as document number 2017090821 in the official records of the County of Sonoma. 3. Second Amendment. On November 15, 2018, Vast Oak L.P., Developer and City entered into a Second Amendment to the Master Maintenance Agreement recorded as document number 2018079925 in the official records of the County of Sonoma. 4. Assignment. On ________________, 2021, Vast Oak L.P. assigned all of its rights and responsibilities under the Maintenance Agreement as amended to Developer in an Assignment Agreement recorded as document number 2021__________ in the official records of the County of Sonoma. 5. Third Amendment. On ___________, 2021, Developer and City entered into a Third Amendment to the Master Maintenance Agreement recorded as document number 2021________ in the official records of the County of Sonoma. 6. Fourth Amendment. On ___________, 2021, Developer and City entered into a Fourth Amendment to the Master Maintenance Agreement recorded as document number 2021________ in the official records of the County of Sonoma. 7. Amendments Authorized. Pursuant to Section 17 of the Maintenance Agreement, City and Developer desire to add the Added Property, described in Exhibit A, attached hereto and incorporated herein by this reference, to the Maintenance Agreement for the sole purpose of acknowledging that it receives stormwater detention and treatment services from Project Improvements included within the Maintenance Agreement. 8. Effective Date. The term “Effective Date” shall mean the date set forth above. 9. Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Maintenance Agreement. 10. Project Improvements. This Fifth Amendment adds no new “Project Improvements,” as defined in the Maintenance Agreement or any of its amendments, or maintenance obligations to the Agreement. This Fifth Amendment acknowledges that the property described in Exhibit A receives stormwater detention and treatment services from Project Improvements included within the Maintenance Agreement. 11. 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. 12. Miscellaneous. a. Each party to this Fifth Amendment 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 Fifth Amendment 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 Fifth Amendment may be executed in one or more counterparts, all of which taken together shall constitute one instrument. d. This Fifth Amendment 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 Fifth Amendment shall be recorded in the Official Records of the County of Sonoma, State of California. IN WITNESS WHEREOF, the parties have executed this Fifth Amendment as of the Effective Date. Signatures on Next Page Signatures must be Notarized 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: Darrin Jenkins, City Manager Authorized by Resolution 2021-________ adopted by the Rohnert Park City Council on October 26, 2021 ATTEST: Elizabeth Machado, Acting City Clerk APPROVED AS TO FORM: Michelle Marchetta Kenyon, City Attorney 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) 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) Exhibit A Added Property [attached]