2024/07/23 City Council Resolution 2024-061 RESOLUTION NO. 2024-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING VAST OAK NORTH GRIFFIN'S GROVE PARK IMPROVEMENTS AND
DIRECTING RELATED ACTIONS
WHEREAS, on September 14, 2021, the City Council of the City of Rohnert Park
adopted Resolution 2021-103, Authorizing and Approving the Public Improvement Agreement
for the Griffin's Grove Park Improvements by and between the City of Rohnert Park and the
University District LLC (Agreement); and
WHEREAS,the Agreement, with an effective date of September 14, 2021, was recorded
on November 18, 2021 as Instrument No. 2021124855 in the Official Records of the County of
Sonoma.
WHEREAS, University District LLC (Developer) have completed the construction of
Griffin's Grove Park 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 Griffin's Grove Park
which substantiates and asset value of$445,275.99; and
WHEREAS,the Developer shall submit the State of California's Model Water Efficient
Landscape Ordinance (MWELO) documentation for City approval prior to the Certificate of
Completion and Notice of Completion; 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 Griffin's Grove Park 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, upon Developer's submittal of the MWELO documentation
in a form acceptable to City.
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 Griffin's Grove Park
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 Griffin's Grove Park, 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 Griffin's Grove Park
Improvements, defined in the Agreement, as a capital asset of the City with a current book value
of$445,275.99.
DULY AND REGULARLY ADOPTED this 23`d day of , 2024.
CITY O i ' O RT PARK
_� 4j
ATTEST: Ger.rd C us ice, or Pro Tern
izabe h Machado, Assistant City Clerk
AP OVE A T ORM:
Mi 1 e M. Kenyon, City tto y
Attachments: Exhibit A
ELWARD: It,te. RODRIGUEZ: e_ SANBORN: t GIUDICE: F} ADAMS: Abse*
A%ES: ( 4- ) NOES: (0 ) ABSENT: ( ABSTAIN: ( 25 )
Resolution 2024-061
Page 2 of 2
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EXHIBIT A
CERTIFICATE OF COMPLETION
VAST OAK NORTH GRIFFIN’S GROVE PARK
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 University District, LLC, dated September 14, 2021, was completed to
my satisfaction on June 28, 2024.
That said work and improvements generally consisted of construction of a gazebo, decomposed
granite pathway, two bocce ball courts, installation of plants and trees, as more particularly described in the
plans and specifications approved by the City Engineer of the City of Rohnert Park on October 22, 2021.
DATED: ___________________, 2024
____________________________________
Justin L. Brandt, P.E.
Deputy City Engineer
4874-0232-0325 v1 EPXX-XXXX
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 GRIFFIN’S GROVE PARK
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 owner, 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
______day of ___________, 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 University District, LLC, and recorded on November 18, 2021, as
Instrument No. 2021124855 in the Official Records of Sonoma County, California (the
"Improvement Agreement ") with respect to the property consisting of Phase 3 of the University
District project, 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 October
22, 2021.
That said work and improvements were completed on June 28, 2024, and that the name of
the surety on the contractor's bond for labor and materials on said project is Liberty Mutual Insurance
Company.
That said work and improvements generally consisted of the construction of Vast Oak North
Griffin’s Grove Park, which included construction of a gazebo, decomposed granite pathway, two bocce
ball courts, and installation of plants and trees, as more particularly described in the 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. 2024-____, adopted by the City
Council on July 23, 2024.
Dated: _____________________, 2024 CITY OF ROHNERT PARK
_______________________________
Justin Brandt
4874-0232-0325 v1 EPXX-XXXX
Deputy 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
4886-0457-8245 v1 EPXX-XXXX
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
VAST OAK NORTH GRIFFIN’S GROVE PARK
WHEREAS, the City of Rohnert Park, a California municipal corporation (“City”), and University District,
LLC, a Delaware Limited Liability Company. (“Developer”) entered into that certain Public Improvement
Agreement, dated September 14, 2021, and recorded on November 18, 2021, as Instrument No. 2021124855
in the Official Records of Sonoma County, California (the "Improvement Agreement") with respect to Phase
3 of the University District project (the “Project”), more particularly described in Exhibit A of the
Improvement Agreement.
WHEREAS, Developer has completed construction of Vast Oak North Griffin’s Grove Park, which includes
a gazebo, decomposed granite pathway, two bocce ball courts, installation of plants and trees within Vast Oak
North, as required pursuant to the Improvement Agreement (the “Improvements”).
WHEREAS, the Improvements are for the purpose of providing a community park 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. 2024-____, adopted by the City Council on July 23, 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.
2024-__ adopted on July 23, 2024 and Rohnert Park
Municipal Code Section 16.16.100 adopted by Ordinance
744 in 2005
4886-0457-8245 v1 EPXX-XXXX
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- EPXX-XXXX
4887-7641-3637 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 Penn Grove Mountain, LLC, a California Limited Liability (“Developer”).
RECITALS
A. City and Developer, entered into that certain Public Improvement Agreement recorded on
November 18, 2021, as Instrument No. 2021124855 in the Official Records of Sonoma County,
California (the "Improvement Agreement ") with respect to Developer’s Griffin’s Grove Park project (the
“Property”), more particularly described in 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 ____________, 202_, and
recorded on ____________, 202_, as Instrument No. _____________ in the Official Records of Sonoma
County, California that Developer completed all things required of Developer under the Improvement
Agreement on September 14, 2021.
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.
WORD-LA\LNB\70378756.3 -2- EPXX-XXXX
4887-7641-3637 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. 2024-___ adopted by the Rohnert Park
City Council at its meeting of July 23, 2024.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
WORD-LA\LNB\70378756.3 -3- EPXX-XXXX
4887-7641-3637 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)