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2022/05/24 City Council Resolution 2022-050 RESOLUTION NO. 2022-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING VARIOUS PARKWAY LANDSCAPE IMPROVEMENTS WITHIN THE VAST OAK WEST (PHASE 1) PROJECT WHEREAS, on November 24, 2015, the City Council of the City of Rohnert Park adopted Resolution 2015-182, 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 parkway landscape improvements within the Vast Oak West(Phase 1) Project; and WHEREAS, University District LLC and Vast Oak Properties LP (Developer) have completed the construction of the various parkway landscape improvements within the Vast Oak West(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 Master Maintenance Agreement for the University District assignment responsibility for maintaining the various parkway landscape improvements to the University District Homeowner's Association(UDHOA); and WHEREAS,the City's project inspector and UDHOA have reviewed the completed improvements and concur that the improvements are complete and ready for acceptance by the City and maintenance by the UDHOA; and WHEREAS,the Developer has submitted cost documentation for various parkway landscape improvements which substantiate a value of$1,238,645.00; 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 parkway landscape improvements associated with the Vast Oak West (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 parkway landscape improvements within the Vast Oak West(Phase )1 Project in substantially similar form to Exhibit B, 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 parkway landscape improvements defined in the Agreement, as capital assets of the City with current book values of$1, 238,645.00. DULY AND REGULARLY ADOPTED this 24th day of May 2022. CITY OF ROHNERT PARK i �lac k. Elwardr ATTEST: Sylvia Lopez uevas, City Clerk Attachments: Exhibit A& Exhibit B GIUDICE:..okyHOLLINGSWORTH-ADAMS. 4(. / STAFFORD: .4[JQ LINARES: ELWARDL.o•hr AYES: (C) NOES: J ) ABSENT: ( j) ABSTAIN: ( a Resolution 2022-050 2 EXHIBIT A TO RESOLUTION CERTIFICATE OF COMPLETION VARIOUS PARKWAY LANDSCAPE IMPROVEMENTS WITHIN THE VAST OAK WEST (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 authorized on November 24, 2015 by City Council Resolution 2015-182 by and between the City of Rohnert Park and University District LLC and Vast Oak Properties L.P., was completed to my satisfaction on May 2, 2022. That said work and improvements generally consisted of the construction of parkway landscape improvements 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 December 20, 2016. DATED: March 25, 2022 ____________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT A 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. NOTICE OF COMPLETION VARIOUS PARKWAY LANDSCAPE IMPROVEMENTS WITHIN THE VAST OAK WEST (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 25th day of May 2022, did file with the City Clerk of the City of Rohnert Park, my Certificate of Completion of the following described work, which was authorized by City Council resolution 2015-182 and completed by University District LLC and Vast Oak Properties L.P., in accordance with the plans and specifications for said work. That said work and improvements were completed on May 2, 2022 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. 929620750-929620752 and 929615787-9296157879, six bonds total). That said work and improvements generally consisted of the parkway landscape improvements located within the Vast Oak West (Phase 1) 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 December 20, 2016. Dated: May, 25, 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 25th day of May, 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 PARKWAY LANDSCAPE IMPROVEMENTS WITHIN THE VAST OAK WEST (PHASE 1) PROJECT WHEREAS, University District LLC and Vast Oak Properties L.P. as owner(s), have completed public parkway landscape improvements within the Vast Oak West (Phase 1) development in the University District Specific Plan Area (the “Improvements”). WHEREAS, the Improvements are for the purpose of providing landscaping in the parkway strips of the Vast Oak West (Phase 1) 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 May 24, 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.