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2023/02/14 City Council Resolution 2023-005 RESOLUTION NO. 2023-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE SOUTHEAST SPECIFIC PLAN PHASE 2 IN-TRACT AND OFF- SITE IMPROVEMENTS IN CONNECTION WITH SOUTHEAST SPECIFIC PLAN AREA AND CEQA STATUS: CONSISTENT WITH THE ENVIRONMENTAL IMPACT REPORT (EIR) ADOPTED BY THE CITY COUNCIL ON DECEMBER 7,2010, AND DIRECTING RELATED ACTIONS WHEREAS, on June 12, 2018 the City Council of the City of Rohnert Park adopted Resolution 2018-82, authorizing and approving the Public Improvement Agreement for the Southeast Rohnert Park Phase 2 In-Tract and Off-Site Improvements (Agreement) by and between the City of Rohnert Park and Penn Grove Mountain, LLC (Developer); and WHEREAS, the Agreement, with an effective date of May 30, 2018, was recorded on July 16, 2018 as Instrument No. 2018050539 in the Official Records of the County of Sonoma. WHEREAS,the Developer has completed the construction of the Southeast Specific Plan Phase 2 In-Tract and Off-Site 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 Southeast Specific Plan Phase 2 In-Tract and Off-Site Improvements which substantiates an asset value of $3,841,649.44 for Southeast Specific Plan Area; and WHEREAS, accepting the completed improvements is the final action anticipated by the Public Improvement Agreement; and WHEREAS,the CEQA status of the Southeast Specific Plan Area is consistent with the Environmental Impact Report adopted by the City Council on December 7, 2010. NOW, THEREFORE, BE IT RESOLVED by 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 Southeast Specific Plan Phase 2 In-Tract and Off-Site 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 Southeast Specific Plan Phase 2 In-Tract and Off-Site 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 Southeast Specific Plan Phase 2 In-Tract and Off-Site 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 Southeast Specific Plan Phase 2 In-Tract and Off-Site Improvements, defined in the Agreement, as a capital asset of the City with a current book value of$3,841,649.44. DULY AND REGULARLY ADOPTED this 141h day of February, 2023. CITY OF ROHNERT PARK (-- Saman Rodriguez, Mayor ATTEST: Sylvia Lopez Cuevas, Ci lerk Attachments: Exhibit A, B, and C ELWARD: I GIUDICE: SANBORN: HOLLINGSWORTH ADAMS:fri RODRIGUEZ: AYES: ( )J' OES: ( ) A SENT: ( ) ABSTAIN: ( !i9 Resolution 2023-005 Page 2 of 2 EXHIBIT A TO RESOLUTION CERTIFICATE OF COMPLETION SOUTHEAST SPECIFIC PLAN PHASE 2 IN-TRACT AND OFF-SITE 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 Penn Grove Mountain LLC dated May 30, 2018 was completed to my satisfaction on January 11, 2023. That said work and improvements generally consisted of surface, dry and wet utility improvements including paving, striping, signage, curb, gutter, sidewalk, lighting, joint trench, sanitary sewer, potable water, and storm drain improvements within the Southeast Specific Plan Phase 2 within the boundaries of the Southeast Specific Plan Area, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on May 24, 2018. 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 SOUTHEAST SPECIFIC PLAN PHASE 2 IN-TRACT AND OFF-SITE 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 14th day of February, 2023, 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 Penn Grove Mountain LLC dated May 30, 2018, 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 generally consisted of surface, dry and wet utility improvements including paving, striping, signage, curb, gutter, sidewalk, lighting, joint trench, sanitary sewer, potable water, and storm drain improvements within the Southeast Specific Plan Phase 2 within the boundaries of the Southeast Specific Plan Area, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on May 24, 2018. Dated: _________, 2023 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 ___________, 2023, 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 SOUTHEAST SPECIFIC PLAN PHASE 2 IN-TRACT AND OFF- SITE IMPROVEMENTS WITHIN THE SOUTHEAST SPECIFIC PLAN AREA WHEREAS, the Penn Grove Mountain Investments LLC as owner(s), have completed the surface, dry and wet utility improvements including paving, striping, signage, curb, gutter, sidewalk, lighting, joint trench, sanitary sewer, potable water, and storm drain improvements within the Southeast Specific Plan Phase 2 within the boundaries of the Southeast Specific Plan Area (the “Improvements”). WHEREAS, the Improvements are for the purpose of roadway, sidewalk, streetscape, lighting, electric power, gas service, potable water, storm drain, and sanitary sewer services within the Southeast 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 _________________________________ Marcela Peidra City Manager Authorized by Rohnert Park City Council Resolution No. 2023-__ adopted on February 14, 2023. 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 THE SOUTHEAST SPECIFIC PLAN PHASE 2 IN-TRACT AND OFF-SITE IMPROVEMENTS This Acknowledgement of Completion and Termination of Public Improvements Agreement (the "Acknowledgement") is entered into as of __________________, 2024, by the City of Rohnert Park, a California municipal corporation (“City”), in favor of Penn Grove Mountain LLC (“Developer”). RECITALS A. City and Developer, entered into that certain Public Improvement Agreement, dated May 30, 2018 and recorded on July 16, 2018 as Instrument No. 2018050539 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Southeast Specific Plan Phase 2 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 _________, 2023 and recorded on __________, 2023 as Instrument No. 2023_________ in the Official Records of Sonoma County, California that Developer completed all things required of Developer under the Improvement Agreement on February 14, 2023. 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: Marcela Piedra Title: City Manager Authorized by City Council Resolution 2023-___ adopted on February 14, 2023 APPROVED AS TO FORM: By: ______________________ Name: ______________________ Title: City Attorney Attest By: ______________________ Name: Sylvia Cuevas Lopez 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.