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2023/06/13 City Council Resolution 2023-043 RESOLUTION NO. 2023-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE HINEBAUGH CREEK PEDESTRIAN BRIDGE AS COMPLETE AND DIRECTING RELATED ACTIONS (CEQA: CONSISTENT WITH ENVIRONMENTAL IMPACT REPORT FOR THE UNIVERSITY DISTRICT AS AMENDED) WHEREAS, on September 14, 2021, the City Council of Rohnert Park adopted Resolution 2021-103, authorizing and approving a Public Improvement Agreement for the Vast Oak North Hinebaugh Creek Pedestrian Bridge Improvements (Agreement) by and between the City and University District LLC ("Developer"); and WHEREAS, the Agreement, with effective date October 4, 2021, was recorded on November 1, 2021, as Instrument No. 2021119194 &No. 2021119195 in the Official Records of the County of Sonoma; and WHEREAS, the Developer completed construction of the pedestrian bridge in accordance with the plans and specifications for the work; and WHEREAS, the pedestrian bridge will be owned and maintained by the University District Homeowner's Association and will not be an asset of the City; and WHEREAS, acknowledging the improvement as complete is the final action anticipated by the Public Improvement Agreement; and WHEREAS,the construction of the Hinebaugh Creek Pedestrian Bridge 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 Notice of Completion and related documents for the Hinebaugh Creek Pedestrian Bridge, 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 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 the Hinebaugh Creek Pedestrian Bridge, in substantially similar form to Exhibit B, attached to this Resolution and incorporated by this reference. DULY AND REGULARLY ADOPTED this 13th day of June, 2023. CITY OF ROHNERT PAR S Rodriguez, Mayor ATTEST: S Sylvia Lopez Cuevas, City Clerk Attachments: Exhibit A, and B ELWARD: ,AtyGIUDICE: 49SANBORN:" OLLINGSWORTH ADAMS: ( RODRIGUEZV/AYES: ( NOES: ) AB NT: ( ABSTAIN: Resolution 2023-043 Page 2 of 2 EXHIBIT A TO RESOLUTION 4862-2269-8855 v1 CERTIFICATE OF COMPLETION VAST OAK NORTH HINEBAUGH CREEK PEDESTRIAN BRIDGE 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 October 4, 2021, was completed to my satisfaction on April 28, 2023. That said work and improvements generally consisted of installing concrete abutments, pre- fabricated steel truss structure with wood decking for the Hinebaugh Creek Pedestrian Bridge as more particularly described in the plans and specifications approved by the City Engineer of Rohnert Park on August 9, 2021. DATED: _____________, 2023 ____________________________________ Mary Grace Pawson, P.E. City Engineer EXHIBIT A TO RESOLUTION 4862-2269-8855 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 VAST OAK NORTH HINEBAUGH CREEK PEDESTRIAN BRIDGE 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 June, 2023, did file with the City Clerk of the City of Rohnert Park, my Certificate of Completion, attached hereto and incorporated herein by reference as Exhibit A, for the work completed under a Public Improvement Agreement between the City of Rohnert Park and the University District LLC, and recorded on October 4, 2021, as Instrument No. 2021119194 & No. 2021119195, in the Official Records of Sonoma County, California (the “Improvement Agreement”). That said work generally consisted of installing concrete abutments, pre-fabricated steel truss structure with wood decking for the Hinebaugh Creek Pedestrian Bridge, as more particularly described in the plans and specifications approved by the City Engineer on August 9, 2021. That said work was completed on April 28th, 2023, and that the name of the surety on the contractor’s bond for labor and materials is Liberty Mutual Insurance Company (Bond No. BDTO500199020). The execution and filing of this Notice of Completion are authorized by California Civil Code Sections 8182 and 8184 and City Council Resolution No. ___________, adopted by the City Council on June 13, 2023. Dated: June ____, 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 June, 2023, at Rohnert Park, California. CITY OF ROHNERT PARK _________________________________ Mary Grace Pawson, P.E., City Engineer EXHIBIT B TO RESOLUTION WORD-LA\LNB\70378756.3 -1- 4880-9191-6391 v1 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 VAST OAK NORTH HINEBAUGH CREEK PEDESTRIAN BRIDGE IMPROVEMENTS This Termination of Public Improvement Agreement (the "Termination") 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 Delaware Limited Liability Company (“Developer”). RECITALS A. City and Developer, entered into that certain Public Improvement Agreement, dated October 4, 2021, and recorded on November 1, 2021, as Instrument No. 2021119194 & No. 2021119195 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 Improvement 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 April, 28, 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 B TO RESOLUTION WORD-LA\LNB\70378756.3 -2- 4880-9191-6391 v1 CITY: City of Rohnert Park, a municipal corporation By: _____________________ Name: Marcela Piedra Title: City Manager Authorized by City Council Resolution 2023-____ adopted on June 13, 2023 APPROVED AS TO FORM: By: ______________________ Name: ______________________ Title: City Attorney Attest By: ______________________ Name: Sylvia Lopez Cuevas Title: City Clerk EXHIBIT B TO RESOLUTION WORD-LA\LNB\70378756.3 -3- 4880-9191-6391 v1 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.