2024/09/10 City Council Resolution 2024-077 RESOLUTION NO. 2024-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE VAST OAK EAST BACKBONE SURFACE AND DRY UTILITY
IMPROVEMENTS
WHEREAS, on July 11, 2017, the City Council of Rohnert Park adopted Resolution
2017-087, authorizing and approving a Public Improvement Agreement for Vast Oak East
Backbone Surface and Dry Utility Improvements by and between the City of Rohnert Park and
the University District, LLC and Vast Oak LP, with an effective date of July 11, 2017, and
recorded on July 31, 2017, as Instrument No. 2017059041 in the Official Records of the County
of Sonoma; and
WHEREAS, University District LLC and Vast Oak LP, have completed the construction
under the Public Improvement Agreement in accordance with the plans and specifications for the
work and have requested the City to accept the work; and
WHEREAS,University District LLC and Vast Oak LP, has submitted cost
documentation for the improvements which substantiates an asset value of$629,233; and
WHEREAS,accepting the completed improvements is the final action anticipated by the
Public Improvement Agreement; and
WHEREAS, the construction and acceptance of the Vast Oak East Backbone Surface
and Dry Utility 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 and file the Notice of
Completion and related documents for the Vast Oak East Backbone Surface and Dry 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 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 Vast Oak East Backbone Surface
and Dry 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 Vast Oak East
Backbone Surface and Dry Utility Improvements, defined in the Agreements, as a capital asset of
the City with a current book value of$629,233.
DULY AND REGULARLY ADOPTED this 10th day of September, 2024.
CITY OF ROHNERT PARK
Sus H. Adams, Mayor
ATTEST:
Sylvia Lopcevas, CAy L erk
PROV D AS TO FORM:
is el e M. Kenyon, ity Attorney
Attachments: Exhibit A, B. and C
ELWAR RODRIGUE . SANBORN: A A. GIUDICE: ADAM •
A S: ( 5-1- NOES: ( ABSENT: ( atI) ABSTAIN:
Resolution 2024-077
Page 2 of 2
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EXHIBIT A
CERTIFICATE OF COMPLETION
VAST OAK EAST BACKBONE SURFACE AND DRY UTILITY IMPROVEMENTS
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 and Vast Oak LP, dated July 11, 2017, was
completed to my satisfaction on August 16, 2024.
That said work and improvements generally consisted of constructing the surface improvements
(pavement, curb and gutter, and sidewalk) and dry utilities (electricity, gas, phone, cable, and streetlights on
Knight Road and Kingwood Road, as more particularly described in the plans and specifications approved
by the City Council of the City of Rohnert Park on July 11, 2017.
DATED: ____________________________
____________________________________
Justin Brandt
Deputy City Engineer
4890-9819-0688 v1 EP16-0001/GR17-0011/GR17-0010
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 EAST BACKBONE SURFACE AND DRY UTILITY 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 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
______ day of ________________, _______ 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 Vast Oak LP, and recorded on July 31,
2017, as Instrument No. 2017059041 in the Official Records of Sonoma County, California (the
"Improvement Agreement ") with respect to the Vast Oak East Backbone Surface and Dry Utility
Improvements, 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
11 & 17, 2017.
That said work and improvements were completed on August 16, 2024, and that the name of
the surety on the contractor's bond for labor and materials on said project is The Guarantee Company
of North America USA.
That said work and improvements generally consisted of the construction of the surface
improvements (pavement, curb and gutter, and sidewalk) and dry utilities (electricity, gas, phone, cable, and
streetlights on Knight Road and Kingwood Road, as more particularly described in the plans and
specifications approved by the City Engineer of the City of Rohnert Park on Improvement Plans,
Vast Oak East – Backbone, City of Rohnert Park, Sonoma County, California, February 2017,
prepared by MacKay & Somps, 8 Sheets (Sheets 1 thru 8), and approved by the City Engineer on
July 17, 2017 and Brookfield Homes, Vast Oak – Phase 2 Backbone, Rohnert Park, CA, prepared by
Giacalone Design Services, Inc., 11 Sheets (Sheets JT1 thru JT6, and SL1 thru SL5), and approved
by the City Engineer on July 11, 2017.
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 ______________.
4890-9819-0688 v1 EP16-0001/GR17-0011/GR17-0010
Dated: ______________________________ CITY OF ROHNERT PARK
_______________________________
Justin Brandt
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 ________________, ________, at Rohnert Park, California.
CITY OF ROHNERT PARK
_______________________________
Justin Brandt
Deputy City Engineer
4862-8020-8224 v1 EP16-0001/GR17-0011/GR17-0010
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 EAST BACKBONE SURFACE AND DRY UTILITY IMPROVEMENTS
WHEREAS, the City of Rohnert Park, a California municipal corporation (“City”), and University District
LLC, a Delaware Limited Liability Company and Vast Oak LP, a California Corporation (“Developer”)
entered into that certain Public Improvement Agreement, dated July 11, 2017, and recorded on July 31, 2017,
as Instrument No. 2017059041 in the Official Records of Sonoma County, California (the "Improvement
Agreement ") with respect to Developer’s Vast Oak East Backbone Surface and Dry Utility Improvements
(the “Project”), more particularly described in Exhibit A of the Improvement Agreement.
WHEREAS, Developer has completed installation of surface improvements (pavement, curb and gutter, and
sidewalk) and dry utilities (electricity, gas, phone, cable, and streetlights on Knight Road and Kingwoood
Road within the Vast Oak East Phase, as required pursuant to the Improvement Agreement (the
“Improvements”).
WHEREAS, the Improvements are for the purpose of infrastructure improvements 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 ________________.
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
4862-8020-8224 v1 EP16-0001/GR17-0011/GR17-0010
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- EP16-0001/GR17-0011/GR17-0010
4857-0172-5661 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
VAST OAK EAST BACKBONE SURFACE AND DRY UTILITY IMPROVEMENTS
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 the University District LLC, a Delaware Limited Liability Company and Vast Oak LP, a California
Corporation (“Developer”).
RECITALS
A. City and Developer, entered into that certain Public Improvement Agreement recorded on
July 31, 2017, as Instrument No. 2017059041 in the Official Records of Sonoma County, California (the
"Improvement Agreement ") with respect to Developer’s Vast Oak East Backbone Surface and Dry
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 August 16, 2024.
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- EP16-0001/GR17-0011/GR17-0010
4857-0172-5661 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
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
WORD-LA\LNB\70378756.3 -3- EP16-0001/GR17-0011/GR17-0010
4857-0172-5661 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)