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2023/02/14 City Council Resolution 2023-006 RESOLUTION NO. 2023-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE KEISER AVENUE RECONSTRUCTION PROJECT AND DIRECTING RELATED ACTIONS (CEQA STATUS: CONSISTENT WITH THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE UNIVERSITY DISTRICT AS AMENDED) WHEREAS, Keiser 42 LLC and the University District LLC (each a"Developer" and collectively the"Developers") have been collaborating on the Keiser Avenue Reconstruction Project in connection with the Vast Oak North portion of the University District; and WHEREAS, on September 22, 2020, the City Council of Rohnert Park adopted Resolution 2020-088, authorizing and approving a Public Improvement Agreement for a portion of the Keiser Avenue Reconstruction Project by and between the City of Rohnert Park and Keiser 42 LLC, with an effective date of September 23, 2020, and recorded on September 25, 2020, as Instrument No. 2020086437 in the Official Records of the County of Sonoma; and WHEREAS, on July 13, 2021, the City of Rohnert Park adopted Resolution 2021-084, authorizing and approving a Public Improvement Agreement for a portion of the Keiser Avenue Reconstruction Project by and between the City of Rohnert Park and the University District LLC, with an effective date of July 13, 2021, and recorded on September 21, 2021, as Instrument No. 20211025336 in the Official Records of the County of Sonoma; and WHEREAS, University District LLC and Keiser 42 LLC have completed the construction under the Public Improvement Agreements in accordance with the plans and specifications for the work and have requested the City to accept the work; and WHEREAS, Keiser LLC has submitted cost documentation for their portion of the improvements which substantiates an asset value of$770,459.40 for Vast Oak; and WHEREAS, University District LLC has submitted cost documentation for their portion of the improvements which substantiates as asset value of$3,072,665.50 for Vast Oak; and WHEREAS, accepting the completed improvements is the final action anticipated by the Public Improvement Agreements; and WHEREAS,the construction and acceptance of the Keiser Avenue Project is consistent with the University District Specific Plan Environmental Impact Report as amended. 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 Notices of Completion and related documents for the Keiser Avenue Reconstruction 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 Notices of Completion, the City Manager is hereby authorized and directed to execute the Notices of Acceptance for the 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 Acknowledgements of Completion and Termination of the Public Improvement Agreements for the Keiser Avenue Reconstruction 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 Keiser Avenue Reconstruction Project, defined in the Agreements, as a capital asset of the City with a current book value of$3,843,124.90. DULY AND REGULARLY ADOPTED this 14th day of February, 2023. CITY OF ROHNERT PA antha Rodriguez, ayor ATTEST: Sylvia Lopez Cu , City Clerk - _ _ Attachments: Exhibit A, B, and C ELWARD: GIUDICE: SANBORN: HOLLINGSWORTH ADAMS: JUL RODRIGUEZ: AYES: (NOES: (�) AB ENT: ( �) ABSTAIN: ( 5 Resolution 2023-006 Page 2 of 2 EXHIBIT A-1 TO RESOLUTION CERTIFICATE OF COMPLETION KEISER AVENUE RECONSTRUCTION PROJECT (Keiser 42 LLC Portion) 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 Keiser 42 LLC, dated September 23, 2020, was completed to my satisfaction on December 23, 2022. That said work and improvements generally consisted of surface and utility improvements including paving, striping, signage, curb, gutter, sidewalk, sanitary sewer, potable water, storm drain, and recycled water system improvements on Keiser Avenue between Snyder Lane and Oak Circle as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on June 1, 2020. DATED: _____________, 2023 ____________________________________ City Engineer EXHIBIT A-1 TO RESOLUTION Return to: City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 NOTICE OF COMPLETION KEISER AVENUE RECONSTRUCTION PROJECT (Keiser 42 LLC Portion) 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 ___ 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 the Keiser 42 LLC dated September 23, 2020, 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 December 23, 2022. The name of the surety on the contractor’s bond for labor and materials on said project is Philadelphia Indemnity Insurance Company (Bond No. PB01798100643). That said work and improvements generally consisted of surface and utility improvements including paving, striping, signage, curb, gutter, sidewalk, sanitary sewer, potable water, storm drain, and recycled water system improvements on Keiser Avenue between Snyder Lane and Oak Circle as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on June 1, 2020. Dated: February ____, 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 February, 2023, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT A-2 TO RESOLUTION CERTIFICATE OF COMPLETION KEISER AVENUE RECONSTRUCTION PROJECT (UDLLC Portion) 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 September 16, 2021, was completed to my satisfaction on December 23, 2022. That said work and improvements generally consisted of surface and utility improvements including paving, striping, signage, curb, gutter, sidewalk, landscape, lighting, storm drain, and recycled water system improvements on Keiser Avenue between Snyder Lane and Kerry Road as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on June 1, 2020. DATED: _____________, 2022 ____________________________________ City Engineer EXHIBIT A-2 TO RESOLUTION Return to: City Engineer City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 NOTICE OF COMPLETION KEISER AVENUE RECONSTRUCTION PROJECT (UDLLC Portion) 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 the University District LLC dated September 16, 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 December 23, 2022. The name of the surety on the contractor’s bond for labor and materials on said project is Atlantic Specialty Insurance Company (Bond No. 905154892/800-020295). That said work and improvements generally consisted of surface and utility improvements including paving, striping, signage, curb, gutter, sidewalk, landscape, lighting, storm drain, and recycled water system improvements on Keiser Avenue between Snyder Lane and Kerry Road, as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on June 1, 2020 Dated: February ____, 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 February, 2023, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT B-1 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 KEISER AVENUE RECONSTRUCTION PROJECT (Keiser 42 Portion) WHEREAS, the Keiser 42 LLC as owner(s), have completed the Keiser Avenue Reconstruction Project including paving, striping, signage, curb, gutter, sidewalk, sanitary sewer, potable water, storm drain, and recycled water system improvements between Snyder Lane and Oak Circle (the “Improvements”). WHEREAS, the Improvements are for the purpose of roadway, sidewalk, streetscape, lighting and electric power, gas service, and wet utilities within the Bristol Subdivision in 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 _________________________________ Marcela Piedra 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 B-2 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 KEISER AVENUE RECONSTRUCTION PROJECT (UDLLC Portion) WHEREAS, the University District LLC as owner(s), have completed the Keiser Avenue Reconstruction Project including paving, striping, signage, curb, gutter, sidewalk, landscape, lighting, storm drain, and recycled water system improvements between Snyder Lane and Kerry Road (the “Improvements”). WHEREAS, the Improvements are for the purpose of roadway, sidewalk, streetscape, lighting and electric power, gas service, and wet utilities to the Vast Oak North Subdivisions 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 _________________________________ Marcela Piedra 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 -1 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 KEISER AVENUE RECONSTRUCTION PROJECT (KEISER 42 PORTION) 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 the Keiser 42 LLC, a California municipal corporation (“Developer”). RECITALS A. City and Developer, entered into that certain Public Improvement Agreement, dated September 23, 2020, and recorded on September 25, 2020, as Instrument No. 2020086437 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Bristol Subdivision (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 February __, 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 December 23, 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 -1 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 Lopez Cuevas Title: City Clerk EXHIBIT C -1 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. EXHIBIT C-2 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 KEISER AVENUE RECONSTRUCTION PROJECT (UDLLC Portion) 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 the University District LLC, a California municipal corporation (“Developer”). RECITALS A. City and Developer, entered into that certain Public Improvement Agreement, dated September 16, 2021, and recorded on September 21, 2021, as Instrument No. 2021105336 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Vast Oak North Subdivision (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 February 14, 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 December 23, 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-2 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 Lopez Cuevas Title: City Clerk EXHIBIT C-2 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.