2022/11/22 City Council Resolution 2022-110 RESOLUTION NO. 2022-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE VAST OAK NORTH PHASE 3B WET UTILITY IMPROVEMENTS
AND DIRECTING RELATED ACTIONS
WHEREAS, on April 27, 2021,the City Council of the City of Rohnert Park adopted
Resolution 2021-044, Authorizing and Approving the Public Improvement Agreement for the
Vast Oak North Phase 3B Wet Utility Improvements by and between the City of Rohnert Park
and the University District LLC (Agreement); and
WHEREAS. the Agreement, with an effective date of April 25, 2021, was recorded on
May 21, 2021 as Instrument No. 2021061498 in the Official Records of the County of Sonoma.
WHEREAS, University District LLC (Developer) have completed the construction of
the Vast Oak North Phase 3B Wet Utility 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 Vast Oak North Phase
3B Wet Utility Improvements which substantiates an asset value of$1,127,250 for Phase 3B;
and
WHEREAS, accepting the completed improvements is the final action anticipated by the
Public Improvement Agreement.
NOW,THEREFORE, BE IT RESOLVED the City Council of the City of Rohnert
Park that the City Engineer is authorized and directed to execute and file the Notice of
Completion and related documents for the Vast Oak North Phase 3B Wet Utility 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 the Vast Oak North Phase 3B
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 Vast Oak North 3B Wet Utility
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 Vast Oak North
Phase 3B Utility Improvements, defined in the Agreement, as a capital asset of the City with a
current book value of$1,127,250.00 for Phase 3B.
DULY AND REGULARLY ADOPTED this 22nd day of November, 2022.
CITY OF ROI-INERT PARK
1
• LwM
ie Elward, Mayor
ATTEST:
Sylvia Lopez- vas, City Clerk
GIUDICE: ly
HOLLINGSWOR'I'MADAMS: STAFFORD: RODRIGUEZ: ELWARD:
APES: ( , NOES: ( ABSENT: ( BSTAIN: (/
Resolution 2022-1 10
2
EXHIBIT A TO RESOLUTION
CERTIFICATE OF COMPLETION
VAST OAK NORTH PHASE 3B WET UTILITY IMPROVEMENTS
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 the University District LLC, dated April
25, 2021, was completed to my satisfaction on November 22, 2022.
That said work and improvements generally consisted of the construction of neighborhood
sanitary sewer, storm drain, potable water, and recycled water improvements within the boundaries
of Vast Oak Properties Vast Oak North Phase 3B (Final Map Vast Oak Phase 3B), as more
particularly described in the plans and specifications approved by the City Engineer of Rohnert Park
on March 10, 2021.
DATED: _____________, 2022
____________________________________
City Engineer
EXHIBIT A TO RESOLUTION
Return to:
City Engineer
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
NOTICE OF COMPLETION
VAST OAK EAST WET UTILITY IMPROVEMENTS
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
22nd day of November, 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 Property
L.P. dated April 25, 2021, and in accordance with the plans and specifications for said work filed
with the City Clerk and approved by the Rohnert Park City Council.
That said work and improvements were completed on November 22, 2022, and that the
name of the surety on the contractor's bonds for labor and materials on said project is Liberty
Mutual Insurance Company (Bond No. BDTO500198020).
That said work and improvements generally consisted of the construction of neighborhood
potable water, recycled water, sanitary sewer, and storm drain improvements within the boundaries
of Vast Oak Properties Vast Oak North Phase 3B (Final Map Vast Oak Phase 3B), as more
particularly described in the plans and specifications approved by the City Engineer of Rohnert Park
on March 10, 2021.
Dated: November ____, 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 ____ day of November, 2022, at Rohnert Park, California.
CITY OF ROHNERT PARK
_________________________________
Mary Grace Pawson, P.E.
City Engineer
EXHIBIT B TO RESOLUTION
CERTIFICATE OF ACCEPTANCE VAST OAK NORTH PHASE 3B WET UTILITY
IMPROVEMENTS
This is to certify that the interest in that certain infrastructure described in the Public
Improvement Agreement for the Vast Oak North Phase 3B Wet Utility Improvements, by and
between the City of Rohnert Park and the University District LLC, is hereb y accepted b y the
Cit y Manager on behalf of the grantee pursuant to authority conferred by Resolution No. 2022-
xx of the City Council of the City of Rohnert Park adopted on November 22, 2022.
Dated: ____________, 2022 By:______________________________
Darrin Jenkins, City Manager Authorized by City Council Resolution
2022-xx adopted on November 22, 2022
ATTEST:
By:
Sylvia Lopez Cuevas, City Clerk
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , 2022, before me,
, the undersigned, personally appeared
,
( ) personall y known to me
( ) 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 capacit y(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.
W ITNESS m y hand and official seal:
Signature
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 THE VAST OAK NORTH PHASE 3B WET UTILITY IMPROVEMENTS
This Acknowledgement of Completion and Termination of Public Improvements
Agreement (the "Acknowledgement") is entered into as of __________________, 2023, by the City
of Rohnert Park, a California municipal corporation (“City”), in favor of the University District LLC, a
Delaware Limited Liability Corporation (“Developer”).
RECITALS
A.City and Developer, entered into that certain Public Improvement Agreement, dated April 25,
2021, and recorded on May 21, 2021 as Instrument No. 2021061498 in the Official Records of
Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Vast Oak
North Phase 3B Property (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 _________, 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 November 22, 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 hereby deemed terminated.
2. Survival. Section 6.1, 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.
IN WITNESS WHEREOF, the undersigned duly executed this Acknowledgement as of the
date set forth above.
EXHIBIT C TO RESOLUTION
WORD-LA\LNB\70378756.3 -2-
CITY:
City of Rohnert Park,
a municipal corporation
By: _____________________
Name: Darrin Jenkins
Title: City Manager
Authorized by City Council Resolution 2022-___
adopted on November 22, 2022
APPROVED AS TO FORM:
By: ______________________
Name: ______________________
Title: City Attorney
Attest
By: ______________________
Name: Sylvia Lopez Cuevas
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.