2024/09/10 City Council Resolution 2024-080 RESOLUTION NO. 2024-080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE PHASE 2 IMPROVEMENTS TO THE ROHNERT PARK
EXPRESSWAY—PETALUMA HILL ROAD INTERSECTION AS COMPLETE AND
DIRECTING RELATED ACTIONS
WHEREAS, on March 22, 2022, the City Council of Rohnert Park adopted Resolution
2022-033, authorizing and approving a Public Improvement Agreement for Phase 2
Improvements to the Rohnert Park Expressway—Petaluma Hill Road Intersection by and
between the City of Rohnert Park and the University District, LLC, with an effective date of
October 6, 2022, and recorded on October 12, 2022, as Instrument No. 2022065520 in the
Official Records of the County of Sonoma; and
WHEREAS, University District LLC, has 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,these improvements will be owned and maintained by Sonoma County and
the City will not be obtaining any additional asset; and
WHEREAS, accepting the improvements as complete is the final action anticipated by
the Public Improvement Agreement; and
WHEREAS, the construction and acceptance of the Phase 2 Improvements to the
Rohnert Park Expressway—Petaluma Hill Road Intersection 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 Phase 2 Improvements to the Rohnert Park
Expressway—Petaluma Hill Road Intersection 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 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 Agreements for the Phase 2 Improvements to the
Rohnert Park Expressway—Petaluma Hill Road Intersection Improvements, in substantially
similar form to Exhibit B, attached to this Resolution and incorporated by this reference.
DULY AND REGULARLY ADOPTED this 10th day of September, 2024.
CITY OF ERT PARK
S s H. Adams, Mayor
4895-0458-9789 vl 1
ATTEST:
App• ,ved a o forms
Sylvia Lopezevas, Cii Jerk 011- /
r'''Attorney
Attachments: Exhibit A and B
ELWARD: RODRIGUEZ: SANBORN• GIUDICE: ADAMS:
A ES: ( ) NOES: ( ) ABSENT: ( ABSTAIN: (;,)
Ir C�
Resolution 2024-080
2
4861-3531-8749 v1 EP22-0001/EC22-0111
EXHIBIT A
CERTIFICATE OF COMPLETION
PHASE 2 IMPROVEMENTS TO THE ROHNERT PARK EXPRESSWAY –
PETALUMA HILL ROAD INTERSECTION
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 October 6, 2022, was completed to my
satisfaction on August 16, 2024.
That said work and improvements generally consisted of improving and upgrading the intersection
of Rohnert Park Expressway and Petaluma Hill Road, as more particularly described in the plans and
specifications approved by the City Council of the City of Rohnert Park on March 22, 2022.
DATED: ___________________________
____________________________________
Justin Brandt
Deputy City Engineer
4861-3531-8749 v1 EP22-0001/EC22-0111
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
PHASE 2 IMPROVEMENTS TO THE ROHNERT PARK EXPRESSWAY – PETALUMA HILL
ROAD INTERSECTION
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 October 12, 2022 as
Instrument No. 2022065520 in the Official Records of Sonoma County, California (the
"Improvement Agreement ") with respect to the Phase 2 Improvements to the Rohnert Park
Expressway – Petaluma Hill Road Intersection, 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 September 9, 2022.
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 Liberty Mutual Insurance
Company.
That said work and improvements generally consisted of improving and upgrading the
intersection of Rohnert Park Expressway and Petaluma Hill Road, as more particularly described in
the plans and specifications approved by the City Engineer of the City of Rohnert Park on
Improvement Plans Petaluma Hill Road Phase 2, City of Rohnert Park, CA, prepared by MacKay &
Somps, Sheet 1 thru 10 and approved by Sonoma County on September 2, 2022 and approved by
the City Engineer on September 9, 2022.
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 _______________.
Dated: ____________________________ CITY OF ROHNERT PARK
4861-3531-8749 v1 EP22-0001/EC22-0111
_______________________________
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
WORD-LA\LNB\70378756.3 -1- EP22-0001/EC22-0111
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
PHASE 2 IMPROVEMENTS TO THE ROHNERT PARK EXPRESSWAY – PETALUMA HILL
ROAD INTERSECTION
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
October 12, 2022 as Instrument No. 2022065520 in the Official Records of Sonoma County, California
(the "Improvement Agreement ") with respect to Developer’s Phase 2 Improvements to the Rohnert Park
Expressway – Petaluma Hill Road Intersection (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- EP22-0001/EC22-0111
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- EP22-0001/EC22-0111
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)