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2023/05/09 City Council Resolution 2023-038 RESOLUTION NO. 2023-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE BRISTOL SUBDIVISION IMPROVEMENTS AND DIRECTING RELATED ACTIONS WHEREAS, on July 14, 2020, City Council of the City of Rohnert Park adopted Resolution 2020-065, Authorizing and Approving the Public Improvement Agreement for the Bristol Subdivision Improvements(Agreement) by and between the City of Rohnert Park and Keiser 42, LLC (Developer); and WHEREAS, the Agreement, with an effective date of July 16, 2020, was recorded on July 24, 2020, as Instrument No. 2020061602 in the Official Records of the County of Sonoma; and WHEREAS, on July 13, 2021, the City Council adopted Resolution 2021-085 acknowledging the completion of certain dry utility improvements covered by the Agreement; and WHEREAS, the Developer has completed construction of the Bristol Subdivision Improvements in accordance with the plans and specifications for the work, has submitted a warranty bond for the value of the completed work, and has requested that the City accept the work; and WHEREAS, the Developer has submitted cost documentation for the Bristol Subdivision Improvements, which substantiates an asset value of$2,010,238.32 for the completed improvements; and WHEREAS,the Developer has consented to the formation of a Community Facilities District to support the ongoing maintenance of the improvements and the property owners are paying special taxes to the City to fund the maintenance; and WHEREAS,accepting the completed improvements is the final action anticipated by the Public Improvement Agreement; and WHEREAS,the construction and acceptance of the Bristol Subdivision Improvements 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 the Certificate of Completion and execute and file the Notice of Completion and related documents for the Bristol Subdivision Improvements, 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 Acceptance, the City Manager is hereby authorized and directed to execute and record the Notice of Acceptance for the Bristol Subdivision 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 Termination of the Public Improvement Agreement for the Bristol Subdivision 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 Bristol Subdivision, defined in the Agreement, as a capital asset of the City with a current book value of $2,010,238.32. DULY AND REGULARLY ADOPTED this 9th day of May, 2023. CITY OF ROHNERT PARK am odriguez, M or ATTEST: Sylvia Lopez Cuevas, City Clerk : � Attachments: Exhibit A, B, and C ` '` ELWARD: k GIUDICE: i SANBORN: c. HOLLINGSWORTH ADAMS: RODRIGUEZ: ,Ale d AYES: ( NOES: (7 ) A NT: ( F5) ABSTAIN: ( 5e$ Resolution 2023-038 Page 2 of 2 EXHIBIT A TO RESOLUTION 4874-9575-9967 v1 CERTIFICATE OF COMPLETION BRISTOL SUBDIVISION 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 Keiser 42 LLC, dated July 16, 2020, was completed to my satisfaction on May 5, 2023. That said portion of the work and improvements generally consisted of the construction of the following: 1. Bristol Subdivision Improvement for all grading, potable water, storm drain, sanitary sewer, paving, striping, signage, curb, gutter, sidewalk, concrete, street lighting, and the stormwater detention basin. 2. Joint trench in Keiser Avenue from Snyder Lane to Kerry Road. These improvements are particularly described in the plans and specification approved by the City Engineer of Rohnert Park on January 15, 2020. DATED: _____________, 2023 ____________________________________ City Engineer EXHIBIT A TO RESOLUTION 4874-9575-9967 v1 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 Exempt from fee per Gov. Code § 27388.1(a)(2)(D) and 27888.2(b)(4). NOTICE OF COMPLETION BRISTOL SUBDIVSION 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 ___ day of May, 2023, did file with the City Clerk of the City of Rohnert Park, my Certificate of Completion for a portion of the work, which was completed under a Public Improvement Agreement between the City of Rohnert Park and the Keiser 42 LLC dated July 16, 2020, and recorded on July 24, 2020 as Instrument No. 2020061602 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to the Bristol Subdivision, more particularly described in Exhibit A of the Improvement Agreement. The improvements are particularly described in the plans and specification approved by the City Engineer of Rohnert Park on January 15, 2020. That said work and improvements were completed on May 5, 2023. The name of the surety on the contractor’s bond for labor and materials on said project is Philadelphia Indemnity Insurance Company (Bond No. PB01798100613 & Bond No. PB01798100632). That said portion of the work and improvements generally consisted of the construction of the following: 1. Bristol Subdivision Improvements for all grading, potable water, storm drain, sanitary sewer, paving, striping, signage, curb, gutter, sidewalk, concrete, street lighting and the stormwater detention basin. 2. Joint trench in Keiser Avenue from Snyder Lane to Kerry Road. The improvements are particularly described in the plans and specification approved by the City Engineer of Rohnert Park on January 15, 2020. The execution and filing of this Notice of Completion are authorized by California Civil Code Sections 8182 and 8184 and City Council Resolution No 2023-038 adopted by the City Council on May 9, 2023. Dated: May ____, 2023. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT A TO RESOLUTION 4874-9575-9967 v1 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 May 2023, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT B TO RESOLUTION 4894-7658-5567 v1 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 Exempt from fee per Gov. Code § 27388.1(a)(2)(D) and 27888.2(b)(4). NOTICE OF ACCEPTANCE OF IMPROVEMENTS BRISTOL SUBDIVISION WHEREAS, the City of Rohnert Park, a California municipal corporation (“City”), and Keiser 42 LLC, a California Limited Liability Company (“Developer”) entered into that certain Public Improvement Agreement, dated July 16, 2020, and recorded on July 24, 2020 as Instrument No. 2020061602 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Bristol Subdivision, more particularly described in Exhibit A of the Improvement Agreement. WHEREAS, Developer has completed the Bristol Subdivision Improvements required to be constructed pursuant to the Improvement Agreement, including grading, potable water, recycled water, storm drain, sanitary sewer, paving, striping, signage, curb, gutter, sidewalk, concrete, street lighting, and the stormwater detention basin improvements on Oak Circle and Keiser Avenue (the “Improvements”). WHEREAS, the Improvements are for the purpose of roadway, sidewalk, streetscape, drainage, lighting and electric power, gas service, and wet utilities within the Bristol Subdivision in the University District Specific Plan Area. WHEREAS, the City desires to accept the Improvements pursuant to the requirements of Rohnert Park Municipal Code Section 16.16.100. WHEREAS, the City Manager is authorized to execute this Notice of Acceptance of Improvements pursuant to City Council Resolution No. 2023-038, adopted by the City Council on May 9, 2023. WHEREAS the City intends to use the Improvements for the above described purposes. NOW, THEREFORE, the City hereby accepts the Improvements. Dated: __________________ CITY OF ROHNERT PARK _________________________________ Marcela Piedra City Manager Authorized by Rohnert Park City Council Resolution No. 2023-038 adopted on May 9, 2023 and Rohnert Park Municipal Code Section 16.16.100 adopted by Ordinance 744 in 2005 4894-7658-5567 v1 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 4886-8838-4095 v1 -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 Exempt from recording fee per Gov. Code § 27383 Exempt from fee per Gov. Code § 27388.1(a)(2)(D) and 27888.2(b)(4). TERMINATION OF PUBLIC IMPROVEMENT AGREEMENT FOR BRISTOL SUBDIVISION IMPROVEMENTS This Termination of Public Improvement Agreement (the "Termination") is entered into as of __________________, _____, by the City of Rohnert Park, a California municipal corporation (“City”), in favor of Keiser 42 LLC, a California Limited Liability Company (“Developer”). RECITALS A. City and Developer, entered into that certain Public Improvement Agreement, dated July 16, 2020, and recorded on July 24, 2020 as Instrument No. 2020061602 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 Acceptance of Improvements, 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 May 5, 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 Improvement 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 Termination, and all required actions, consents and approvals therefor have been duly taken and obtained. IN WITNESS WHEREOF, the undersigned duly executed this Termination as of the date set forth above. EXHIBIT C TO RESOLUTION 4886-8838-4095 v1 -2- CITY: City of Rohnert Park, a municipal corporation By: _____________________ Name: Marcela Piedra Title: City Manager Authorized by City Council Resolution 2023-038 adopted on May 9, 2023 APPROVED AS TO FORM: By: ______________________ Name: ______________________ Title: City Attorney Attest By: ______________________ Name: Sylvia Lopez Cuevas Title: City Clerk EXHIBIT C TO RESOLUTION 4886-8838-4095 v1 -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.