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2022/03/08 City Council Resolution 2022-027 • RESOLUTION NO. 2022-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING VARIOUS SURFACE IMPROVEMENTS WITHIN THE VAST OAK PHASE 1 PROJECT WHEREAS, on August 25, 2015,the City Council of the City of Rohnert Park adopted Resolution 2015-137, approving a Public Improvement Agreement by and between the City of Rohnert Park and University District LLC and Vast Oak Properties L.P. (Agreement) for Various Surface and Landscape Improvements within the Vast Oak Phase 1 Project; and WHEREAS, the Agreement was recorded on December 4, 2015 as Instrument No. 2015103690 in the Official Records of the County of Sonoma. WHEREAS, the City has previously certified the landscape improvements covered by the Agreement as complete and these improvements have been transferred to the homeowners' association which serves the Vast Oak Phase 1 project; and WHEREAS, University District LLC and Vast Oak Properties LP (Developer) have completed the construction of the surface improvements within the Vast Oak Phase 1 project in accordance with the plans and specifications for the work and have requested that the City accept the work; and WHEREAS,the Developer has submitted cost documentation for various surface improvements within the Vast Oak Phase 1 project, which substantiates street improvements, including curb, gutter, sidewalk and pavement, with an asset value of$3,572,460. 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 Vast Oak Phase 1 Project, 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 Various Surface Improvements within the Vast Oak Phase 1 Project 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 the Various Surface and Landscape Improvements within the Vast Oak Phase 1 Project, 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 various surface improvements defined in the Agreement, as capital assets of the City with current book values of $3,572,460. DULY AND REGULARLY ADOPTED this 81h day of March 2022. CITY OF ROHNERT PARK Ja ie Elwa , ATTEST: Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A Exhibit B Exhibit C GIUDICE: c HOLLINGSWORTH-ADAMS: Al..4C. STAFFORD: Am LINARES: AEG ELWARD: A'-IC AYES: ( 5 ) NOES: ( fit ) ABSENT: ( ) ABSTAIN: ( (2f ) Resolution 2022-027 2 EXHIBIT A TO RESOUTION CERTIFICATE OF COMPLETION VARIOUS SURFACE IMPROVEMENTS WITHIN THE VAST OAK PHASE 1 PROJECT (UNIVERSITY DISTRICT SPECIFIC PLAN) 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 University District LLC and Vast Oak Properties L.P. dated August 25, 2015 was completed to my satisfaction on June 30, 2021. That said work and improvements generally consisted of the construction of curb, gutter, sidewalk and street paving located within the Vast Oak Phase 1 (Vast Oak West) development in the University District Specific Plan Area, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on September 29, 2015. DATED: March 9, 2022 ____________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT A TO RESOUTION 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. NOTICE OF COMPLETION VARIOUS SURFACE IMPROVEMENTS WITHIN THE VAST OAK PHASE 1 PROJECT 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 9th day of March 2022, 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 University District LLC and Vast Oak Properties L.P. dated August 25, 2015, and in accordance with the plans and specifications for said work approved by the City Engineer. That said work and improvements were completed on June 30, 2021 and that the name of the surety on the contractor's bonds for labor and materials on said project is Continental Casualty Company (Bond Nos. 929615781 – 929615785, five bonds total). That said work and improvements generally consisted of the construction of public streets including curb, gutter, sidewalk and street paving located within the Vast Oak Phase 1 (Vast Oak West) development in the University District Specific Plan, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on September 29, 2015. Dated: March 9, 2022 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 9th day of March, 2022, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT B TO RESOLUTION 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 VARIOUS SURFACE IMPROVEMENTS WITHIN THE VAST OAK PHASE 1 PROJECT WHEREAS, University District LLC and Vast Oak Properties L.P. as owner(s), have completed public surface improvements including curb, gutter, sidewalk and paving infrastructure within the Vast Oak Phase 1, (Vast Oak West) development in the University District Specific Plan Area (the “Improvements”). WHEREAS, the Improvements are for the purpose of providing streets and sidewalks for the Vast Oak Phase 1 (Vast Oak West) development within the University District Specific Plan Area. 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. 2022-__ adopted on March 8, 2022 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 VARIOUS SURFACE AND LANDSCAPE IMPROVEMENTS WITHIN THE VAST OAK PHASE 1 PROJECT This Acknowledgement of Completion and Termination of Public Improvement Agreement (the "Acknowledgement") is entered into as of __________________, 2023, by the City of Rohnert Park, a California municipal corporation (“City”), in favor of University District LLC, a Delaware limited liability corporation and Vast Oak Properties L.P., a California limited partnership (“Developer”). RECITALS A. City and Developer, entered into that certain Public Improvement Agreement recorded on December 4, 2015 as document number 2015103690 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Vast Oak Property Phase 1 (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 March 9, 2022 and recorded on __________, 2022 as Instrument No. 2022_________ in the Official Records of Sonoma County, California that Developer completed all things required of Developer under the Improvement Agreement on ___________, 2022. 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 hereb y deemed terminated. 2. Survival. Section 7.1, Indemnification 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 2022-___ adopted on March 8, 2022 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.