2024/09/10 City Council Resolution 2024-079 RESOLUTION NO. 2024-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE KEISER AVENUE JOINT TRENCH IMPROVEMENTS AND
DIRECTING RELATING ACTIONS
WHEREAS, on May 12, 2020,the City Council of Rohnert Park adopted Resolution
2020-043, authorizing and approving a Public Improvement Agreement for Keiser Avenue Joint
Trench Improvements by and between the City of Rohnert Park and the University District, LLC,
with an effective date of July 8, 2020,and recorded on September 22, 2020, as Instrument No.
2020084862 in the Official Records of the County of Sonoma; and
WHEREAS, University District LLC, 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, completed this work on December 23, 2023; and
WHEREAS, University has supplied a warranty bond in the of$75,300 dated January
6th, 2023.
WHEREAS, Staff recommends City Council to authorize and direct the City Engineer to
file a Notice of Completion, authorize and direct the City Manager to execute the Notice of
Acceptance of Improvements, and Acknowledgements of Completion and Termination of the
Public Improvement Agreement for the Keiser Avenue Joint Trench Improvements immediately;
and
WHEREAS, the Notice of Completion, Notice of Acceptance and Acknowledgements of
Completion and Termination of the Public Improvement Agreement is the final action
anticipated by the Public Improvement Agreement; and
WHEREAS,the joint trench improvements will be operated and maintained by the
utilities that use the joint trench; and
WHEREAS,the construction and acceptance of the Keiser Avenue Joint Trench
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 Notices of
Completion and related documents for the Keiser Avenue Joint Trench 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 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 the City Manager is hereby authorized and directed to
execute the Acknowledgements of Completion and Termination of the Public Improvement
4857-7296-3805 vl
Agreements for the Keiser Avenue Joint Trench Improvements, in substantially similar form to
Exhibit C, attached to this Resolution and incorporated by this reference.
DULY AND REGULARLY ADOPTED this 10th day of September, 2024.
CITY OF ROHNERT PARK
40110
ti
Susan . Adams, Mayor
ATTEST:
y is ope rty Clerk
AP ROVE S T FORM:
ichelle M. Kenyon, City Attorney
Attachments: Exhibit A, B, and C
ELWARD: At I RODRIGUEZ: A� ANBORN: GIUDICE ADAMS:
A S: ( ) NOES: (_, ) ABSENT: ( /ABSTAIN: (ry,
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Resolution 2024-079
Page 2 of 2
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EXHIBIT A
CERTIFICATE OF COMPLETION
KEISER AVENUE JOINT TRENCH 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, dated July 8, 2020, was completed to my
satisfaction on December 23, 2023.
That said work and improvements generally consisted of undergrounding overhead utilities on Keiser
Avenue and reconstruct Keiser Avenue to City Standards, as more particularly described in the plans and
specifications approved by the City Council of the City of Rohnert Park on May 12, 2020.
DATED: ______________________
____________________________________
Justin Brandt
Deputy City Engineer
4890-9819-0688 v1 GR18-0021
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
KEISER AVENUE JOINT TRENCH 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 recorded on September 22,
2020 as Instrument No. 2020084862 in the Official Records of Sonoma County, California (the
"Improvement Agreement ") with respect to the Keiser Avenue Joint Trench 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 May 19, 2020.
That said work and improvements were completed on December 23, 2023, and that the name
of the surety on the contractor's warranty bond for labor and materials on said project is Trisura
Insurance Company.
That said work and improvements generally consisted of the undergrounding overhead
utilities on Keiser Avenue and the reconstruction of Keiser Avenue to City Standards, as more
particularly described in the plans and specifications approved by the City Engineer of the City of
Rohnert Park on Keiser Avenue Rule 20B City of Rohnert Park, Rohnert Park, CA, prepared by
Malcolm White Consulting, 1 Sheet (Sheet 1), dated October 2, 2019 and approved by the Deputy
City Engineer on May 19, 2020; Construction Drawings, Bristol Rule 20B, Keiser Avenue, City of
Rohnert Park, prepared by Pacific Gas & Electric, 2 Sheets (Sheets 1-2), dated July 23, 2019 and
approved by the Deputy City Engineer on May 19, 2020; and Keiser Avenue Supplemental Figures,
prepared by GHD, Inc., 7 Sheets (Sheets 1-7) dated October 4, 2019 and approved by the Deputy
City Engineer on May 19, 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. _____________, adopted by the City
Council on ________________.
4890-9819-0688 v1 GR18-0021
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
4861-1493-0653 v1 GR18-0021
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
KEISER AVENUE JOINT TRENCH IMPROVEMENTS
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 July 8, 2020, and recorded on September 22, 2020 as Instrument No. 2020084862 in the
Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s
Keiser Avenue Joint Trench Improvements (the “Project”), more particularly described in Exhibit A of the
Improvement Agreement.
WHEREAS, Developer has completed construction of undergrounding existing overhead utilities on Keiser
Avenue and reconstructing Keiser Avenue to City Standards within the University District, as required
pursuant to the Improvement Agreement (the “Improvements”).
WHEREAS, the Improvements are for the purpose of undergrounding utilities 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 for the Improvements to be used 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
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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- GR18-0021
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
KEISER AVENUE JOINT TRENCH 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 University District, LLC, a Delaware Limited Liability Company (“Developer”).
RECITALS
A. City and Developer, entered into that certain Public Improvement Agreement recorded on
September 22, 2020 as Instrument No. 2020084862 in the Official Records of Sonoma County, California
(the "Improvement Agreement ") with respect to Developer’s Keiser Avenue Joint Trench 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 23, 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.
WORD-LA\LNB\70378756.3 -2- GR18-0021
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. 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- GR18-0021
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)