2024/01/09 City Council Resolution 2024-001 RESOLUTION NO. 2024-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE SOMO VILLAGE PHASE 1N-A IN-TRACT WET UTILITY
IMPROVEMENTS IN CONNECTION WITH SONOMA MOUNTAIN VILLAGE
PLANNED DEVELOPMENT AND DIRECTING RELATING ACTIONS
WHEREAS, on January 11, 2022, the City Council of the City of Rohnert Park adopted
Resolution 2022-0002, Authorizing and Approving the Public Improvement Agreement for the
SOMO Village Phase 1N-A In-Tract Wet Utility Improvements (Agreement) by and between the
City of Rohnert Park and the SOMO Village LLC (Developer); and
WHEREAS, the Agreement, with an effective date of March 17, 2023, was recorded on
April 3, 2023, as Instrument No. 20230141195 in the Official Records of the County of Sonoma.
WHEREAS, the Developer has completed the construction of the SOMO Village Phase
1 N-A In-Tract 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 SOMO Village Phase
IN-A In-Tract Wet Utility Improvements which substantiates an asset value of$5,239,187.53 for
SOMO Village; and
WHEREAS, accepting the completed improvements is the final action anticipated by the
Public Improvement Agreement.
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 SOMO Village Phase 1N-A In-Tract 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 SOMO Village Phase 1N-A
In-Tract Wet Utility 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 the SOMO Village Phase 1 N-A In-Tract
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 SOMO Village
Phase IN-A In-Tract Wet Utility Improvements, defined in the Agreement, as a capital asset of
the City with a current book value of$5,239,187.53.
DULY AND REGULARLY ADOPTED this 9th day of January, 2024.
CITY OF ROHNERT PARK
Susan H. Adams, Mayor
ATTEST:
_1 �--.`.
Sylvia Lopez Cuevas, City Clerk ��_
Attachments: Exhibit A, B, and C
ELWARD• R DRIGUEZ: SANBORN: GIUDICE. DAM94(J�,�
AY S: O NOES: ( ) ABSENT: ( ABSTAIN: ( 1 ) r
Resolution 2024-001
Page 2 of 2
4892-1955-8552 v1 EP21-0004
EXHIBIT A
CERTIFICATE OF COMPLETION
SOMO VILLAGE PHASE 1N-A IN-TRACT WET UTILITY IMPROVMENTS
I, Justin Brandt, Deputy 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 SOMO Village LLC, dated March 17, 2023, was completed to my
satisfaction on December 7, 2023.
That said work and improvements generally consisted of the construction of neighborhood potable
water, recycled water, sanitary sewer, storm drain and dry utilities within the boundaries of SOMO Village
LLC, SOMO Village Phase 1N-A (Final Map SOMO Village Phase 1N-A), as more particularly described in
the plans and specifications approved by the City Engineer of the City of Rohnert Park on July 8, 2022 and
July 14, 2022.
DATED: ____________________________
____________________________________
Justin Brandt, P.E.
Deputy City Engineer
4892-1955-8552 v1 EP21-0004
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
SOMO VILLAGE PHASE 1N-A IN-TRACT WET UTILITY IMPROVMENTS
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 the nature of the stated owner, or if more than one own, then of the stated owner and
co-owners is: In fee.
That I, Justin Brandt, Deputy City Engineer of the City of Rohnert Park, California on the 9th
day of January, 2024, 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, of the following
described work, which was completed under a Public Improvement Agreement between the City of
Rohnert Park and the SOMO Village LLC, and recorded on April 3, 2023 as Instrument No.
2023014195 in the Official Records of Sonoma County, California (the "Improvement Agreement")
with respect to the SOMO Village Phase 1N-A, more particularly described in Exhibit A of the
Improvement Agreement, in accordance with the plans and specifications for said work approved by
the City Engineer on July 8, 2022 and July 14, 2022.
That said work and improvements were completed on December 7, 2023, and that the name
of the surety on the contractor's bond for labor and materials on said project is Philadelphia Insurance
Companies.
That said work and improvements generally consisted of the construction of neighborhood
potable water, recycled water, sanitary sewer, storm drain and dry utilities within the boundaries of SOMO
Village LLC, SOMO Village Phase 1N-A (Final Map SOMO Village Phase 1N-A), as more particularly
described in the approved plans and specifications.
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 January 9, 2024.
Dated: ____________________________, 2024 CITY OF ROHNERT PARK
_______________________________
Justin Brandt, P.E.
4892-1955-8552 v1 EP21-0004
City Engineer
The undersigned certifies that he/she is authorized to and does make this verification on
behalf of the City of Rohnert Park; that he/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 his/her knowledge.
Executed on this ____ day of ___________, 2024, at Rohnert Park, California.
CITY OF ROHNERT PARK
_______________________________
Justin Brandt
Deputy City Engineer
4862-8020-8224 v1 EP21-0004
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
SOMO VILLAGE PHASE 1N-A IN-TRACT WET UTILITY IMPROVMENTS
WHEREAS, the City of Rohnert Park, a California municipal corporation (“City”), and SOMO Village LLC,
a Delaware Limited Liability Company. (“Developer”) entered into that certain Public Improvement
Agreement, dated March 17, 2023, and recorded on April 3, 2023 as Instrument No. 2023014195 in the
Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s
SOMO Village Phase 1N-A (the “Project”), more particularly described in Exhibit A of the Improvement
Agreement.
WHEREAS, Developer has completed the construction of neighborhood potable water, recycled water,
sanitary sewer, storm drain and dry utilities within the boundaries of SOMO Village LLC, SOMO Village
Phase 1N-A (Final Map SOMO Village Phase 1N-A), as required pursuant to the Improvement Agreement
(the “Improvements”).
WHEREAS, the Improvements are for the purpose of neighborhood potable water, recycled water, sanitary
sewer, storm drain and dry utility services within the Project .
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. _______________, adopted by the City Council on January 9, 2024.
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.
202_-__ adopted on ________________ and Rohnert Park
Municipal Code Section 16.16.100 adopted by Ordinance
744 in 2005
Exhibit B
4862-8020-8224 v1 EP21-0004
ACKNOWLEDGMENT
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.
STATE OF CALIFORNIA )
) §
COUNTY OF SONOMA )
On __________________ before me, _______________________________________,
(here 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)
WORD-LA\LNB\70378756.3 -1-EP21-0004
4859-7887-3696 v1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, California 94928
Attention: City Clerk
(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)
TERMINATION OF PUBLIC IMPROVEMENT AGREEMENT
This Termination of Public Improvement Agreement (the "Termination") is entered into as of
______________ 20__ by the City of Rohnert Park, a California municipal corporation (“City”), in favor
of SOMO Village LLC, a Delaware Limited Liability Company (“Developer”).
RECITALS
A.City and Developer, entered into that certain Public Improvement Agreement recorded on
April 3, 2023 as Instrument No. 2023014195 in the Official Records of Sonoma County, California (the
"Improvement Agreement ") with respect to Developer’s SOMO Village Phase 1N-A In-Tract Wet Utility
Improvements (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 ___________________, and
recorded on _________________, as Instrument No. ________________ in the Official Records of
Sonoma County, California that Developer completed all things required of Developer under the
Improvement Agreement on December 7, 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, Indemnity and Insurance, 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.
Exhibit C
WORD-LA\LNB\70378756.3 -2- EP21-0004
4859-7887-3696 v1
IN WITNESS WHEREOF, the undersigned duly executed this Termination as of the date set
forth above.
"CITY"
CITY OF ROHNERT PARK, a California
municipal corporation
Dated: By:
Marcela Piedra
City Manager
Per Resolution No. 2023-___ adopted by the Rohnert Park
City Council at its meeting of _______________
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
WORD-LA\LNB\70378756.3 -3- EP21-0004
4859-7887-3696 v1
ACKNOWLEDGMENT
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.
STATE OF CALIFORNIA )
) §
COUNTY OF SONOMA )
On __________________ before me, _______________________________________,
(here 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)