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2025/02/11 City Council Resolution 2025-011RESOLUTION NO. 2025-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING TWO FIRST AMENDMENTS TO PUBLIC IMPROVEMENTS AGREEMENTS WITH SOMO VILLAGE, LLC AND REDUCING PERFORMANCE SECURITY WHEREAS, on March 23, 2021, the City Council of the City of Rohnert Park adopted Ordinance No. 953, approving an Amended and Restated Development Agreement ("Development Agreement") between the City of Rohnert Park and SOMO Village LLC ("Developer"); and WHEREAS, on December 13, 2022, the City Council of the City of Rohnert Park adopted Resolution No. 2022-121, approving a Public Improvement Agreement with the Developer for the SOMO Village Phase 1N-A In -Tract Surface and Dry Utility Improvements, dated January 25, 2023, and recorded on January 26, 2023, as Instrument No. 2023003409 in the Official Records of the County of Sonoma; and WHEREAS, on December 13, 2022, the City Council of the City of Rohnert Park adopted Resolution No. 2022-121, approved a Public Improvement Agreement with the Developer for the SOMO Village Phase 1N-A Park and Landscape Improvements, dated January 25, 2023, and recorded on January 26, 2023, as Instrument No. 2023003411 in the Official Records of the County of Sonoma; and WHEREAS, on December 13, 2022, the City Council of the City of Rohnert Park adopted Resolution No. 2022-124, approving the Final Map for the SOMO Village Development Phase 1N-A, prepared by Cinquini & Passarino, Inc. and recorded on December 30, 2022, as Book 838, Pages 49-61, in the Office of the County Recorder of the County of Sonoma; and WHEREAS, the Developer has previously provided bonds for the Public Improvement Agreements guaranteeing construction of improvements; and WHEREAS, pursuant to the Subdivision Map Act Section 66499.7(d), the City may reduce the performance bonds; however, the Public Improvement Agreements do not all for the reduction of the bonds; and WHEREAS, the City and Developer desire to enter into amendments to the Public Improvement Agreements for the Phase IN -A Surface and Dry Utility Improvements (Exhibit A) and the Phase 1N-A Park and Landscaping Improvements (Exhibit B) to allow for the partial release of the security and the partial acceptance of improvements; and WHEREAS, the Developer has posted performance and labor and materials bonds guaranteeing construction of remaining improvements as follows: • Surface improvements and dry utilities — Two bonds, 1) One Hundred Ninety - Two Thousand One Hundred Twenty -Eight dollars and no cents ($192,128) for the dry utility improvements, and 2) Eight Hundred Nineteen Thousand and Seventy -Two dollars and no cents ($819,072), totaling to One Million Eleven Thousand and Two Hundred dollars and no cents ($1,011,200). • Park and landscaping improvements — Two bonds, 1) Thirty -Two Thousand Six Hundred Seventy -One dollars and no cents ($32,671), and 2) Four Hundred Twenty -Seven Thousand Fifty -Nine dollars and no cents ($427,059), totaling to Four Hundred Fifty -Nine Thousand Seven Hundred Thirty dollars and no cents ($459,730). NOW, THEREFORE, BE IT RESOLVED that based on the evidence presented at the duly noticed public meeting of February 11,2025, the City Council of the City of Rohnert Park finds that this action is not a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378 as the amendments and reduction of security have no potential for creating a significant environmental impact. BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve the First Amendments to the Public Improvement Agreements for the SOMO Village Phase 1N-A In -Tract Surface Improvements and Dry Utility Improvements and the SOMO Village Phase IN -A Park and Landscaping Improvements included as Exhibits A and B to this Resolution, respectively. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the First Amendments to Public Improvement Agreements in substantially similar form to the agreements attached hereto and incorporated by this reference as Exhibits A and B, subject to minor modifications approved by the City Manager and City Attorney. BE IT FURTHER RESOLVED that the City Engineer is authorized to reduce the performance security for surface improvements and dry utilities to One Million Eleven Thousand and Two Hundred dollars and no cents ($1,011,200), and for park and landscaping improvements to Four Hundred Fifty -Nine Thousand Seven Hundred Thirty dollars and no cents ($459,730). DULY AND REGULARLY ADOPTED this I Ith day of February, 2025. CITY OF ROHNERT PARK E ily anborn, Vice Mayor ATTEST: Sylvia-L ez �uevas, PCityyClerk VED AS TO FORM: Ile M. Kenyon, City Attorney Attachments: Exhibit A & B ADAMS: PC Ae_ ELWARD:14 _ RODRIGUEZ: SANBORN: Ne- GIUDICE: Cy1yl AYES: (L.f ) NOBS: ( () ABSENT: ( ) ABSTAIN: ( 1� Resolution 2025-011 Page Page 2 of 2 Figure 1— Phase 1N-A Location Map Limits of Phase 1N-A i • \ F K� F • 0. � r i Y 10.OM O • even, contw • total wto Co rwiev-c • Mtud-Ure • UGH rlo"t" PAOM v t • Pafden}iol • Maned-11o! "we* 7M P • aMkUnNO ""Go 3w VASE 3M • pKC1s�11�d • M�utd-tbe "NOW is - Mom 3S • ReerYn" Rmm 36, • Rencfenhol «n� �pi11CUt�UKe g � � O-rl\ SAC! RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928-2486 Attention: City Clerk (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. FIRST AMENDMENT TO PUBLIC IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND SOMO VILLAGE LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE SOMO VILLAGE PHASE 1N-A IN -TRACT SURFACE AND DRY UTILITY IMPROVEMENTS This First Amendment to Public Improvement Agreement (the "Agreement") is made and entered into on this day of 2022 (the "Effective Date") by and between SOMO VILLAGE LLC, a Delaware Limited Liability Company ("Developer"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"). City and Developer are sometimes referred to hereinafter individually as "Party" and collectively as "Parties". RECITALS A. On August 24, 2021, the City Council of the City of Rohnert Park adopted Resolution No. 2021-098, approving the Tentative Map for the Sonoma Mountain Village Phase IN -A, prepared by Civil Design Consultants, Inc. and dated June 23, 2021 (the "Tentative Map"), subject to certain conditions of approval (the "Conditions"). B. The City and Developer entered into that certain Public Improvement Agreement for the SOMO Village Phase IN -A In -Tract Surface and Dry Utility Improvements, dated January 25, 2023, and recorded on January 26, 2023, as Instrument No. 2023003409 in the Official Records of the County of Sonoma ("Original PIA"). The Original PIA required the Developer to install surface improvements (streets, curb, gutter, and sidewalks), and dry utilities (electric, phone, and cable). C. The City and Developer desire to amend the Original PIA to allow for the partial release of security in accordance with Government Code Section 66499.7 and to allow for partial acceptance of improvements. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Property Subject to Agreement. The property which is the subject of this Agreement is located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit A, attached hereto (the "Property"). 2. Addition of Section 5.3, Partial Release of Security and Partial Acceptance. Section 5.3 is hereby added to the Original PIA as follows: 4935-0557-0834 v1 "5.3. Partial Release of Security and Acceptance. The City, in its sole and absolute discretion, may allow a partial release of the performance and labor and materials security in accordance with Government Code Section 66499.7. In addition, the City, in its sole and absolute discretion, may accept the Work in phases." 3. Original Agreement in Full Force and Effect. Except as amended herein, the Original PIA is in full force and effect. 4.. Counterparts. This First Amendment may be executed in multiple counterparts, each of which shall be deemed to be an original. 5. Authorijy. Each party executing this First Amendment on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this First Amendment and perform all of its obligations hereunder. IN WITNESS WHEREOF, City and Developer have executed this First Amendment as of the Effective Date. "CITY" CITY OF ROHNERT PARK, a California municipal corporation Dated: City Manager Per Resolution No. 2025- adopted by the Rohnert Park City Council at its meeting of February 11, 2025. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2 4935-0557-0834 v1 Dated: "DEVELOPER" SOMO Village LLC, A Delaware Limited Liability Company Bradley E. Baker Its Manager, 4935-0557-0834 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 ) ss. 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) 4 4935-0557-0834 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 ) ) ss. COUNTY OF CONTRA COSTA ) 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) 5 4935-0557-0834 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 ) ss. 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) 6 4935-0557-0834 v1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928-2486 Attention: City Clerk (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. FIRST AMENDMENT TO PUBLIC IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND SOMO VILLAGE LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE SOMO VILLAGE PHASE 1N-A IN -TRACT SURFACE AND DRY UTILITY IMPROVEMENTS This First Amendment to Public Improvement Agreement (the "Agreement") is made and entered into on this day of 2022 (the "Effective Date") by and between SOMO VILLAGE LLC, a Delaware Limited Liability Company ("Developer"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"). City and Developer are sometimes referred to hereinafter individually as "Party" and collectively as "Parties". RECITALS A. On August 24, 2021, the City Council of the City of Rohnert Park adopted Resolution No. 2021-098, approving the Tentative Map for the Sonoma Mountain Village Phase 1N-A, prepared by Civil Design Consultants, Inc. and dated June 23, 2021 (the "Tentative Map"), subject to certain conditions of approval (the "Conditions"). B. The City and Developer entered into that certain Public Improvement Agreement for the SOMO Village Phase 1N-A In -Tract Surface and Dry Utility Improvements, dated January 25, 2023, and recorded on January 26, 2023, as Instrument No. 2023003409 in the Official Records of the County of Sonoma ("Original PIA"). The Original PIA required the Developer to install surface improvements (streets, curb, gutter, and sidewalks), and dry utilities (electric, phone, and cable). C. The City and Developer desire to amend the Original PIA to allow for the partial release of security in accordance with Government Code Section 66499.7 and to allow for partial acceptance of improvements. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Property Subject to Agreement. The property which is the subject of this Agreement is located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit A, attached hereto (the "Property"). 2. Addition of Section 5.3, Partial Release of Security and Partial Acceptance. Section 5.3 is hereby added to the Original PIA as follows: 4935-0557-0834 v1 "5.3. Partial Release of Security and Acceptance. The City, in its sole and absolute discretion, may allow a partial release of the performance and labor and materials security in accordance with Government Code Section 66499.7. In addition, the City, in its sole and absolute discretion, may accept the Work in phases." 3. Original Agreement in Full Force and Effect. Except as amended herein, the Original PIA is in full force and effect. 4.. Counterparts. This First Amendment may be executed in multiple counterparts, each of which shall be deemed to be an original. 5. Authority. Each party executing this First Amendment on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this First Amendment and perform all of its obligations hereunder. IN WITNESS WHEREOF, City and Developer have executed this First Amendment as of the Effective Date. "CITY" CITY OF ROHNERT PARK, a California municipal corporation Dated: City Manager Per Resolution No. 2025- adopted by the Rohnert Park City Council at its meeting of February 11, 2025. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2 4935-0557-0834 v1 Dated: "DEVELOPER" SOMO Village LLC, A Delaware Limited Liability Company Bradley E. Baker Its Manager, 4935-0557-0834 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 ) ss. 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) 4 4935-0557-0834 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 ) ) ss. COUNTY OF CONTRA COSTA ) 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) 5 4935-0557-0834 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 ) ss. 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) 6 4935-0557-0834 v1 EXHIBIT A -I Legal Description Lying within the City of Rohnert Park, County of Sonoma, State of California, being portions of the lands of SOMO Village, LLC, a Delaware limited liability company as described by Grant Deed recorded under Document Number 2021-074467, Sonoma County Records, said portions are more particularly described as follows: Lots 1 through 116 inclusive, as shown on that final map entitled SOMO Village Phase IN -A filed in Book 8 3 S of Maps at Pages 49 - (oi , Sonoma County Records, and Parcels A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, and R as shown on said final map. Containing 10.82 acres more or less. END OF DESCRIPTION Being portions of APN(s) 046-051-042 & 046-051-045. Prepared by Cinquini & Passarino, Inc. finny G. C' iquini, P. .8614 ( o- oar , Date Cinquini & Passarino, Inc. CPI No.: 8839-20 1360 North Dutton Avenue, Suite 150 Tel: (707) 542-6268 Fax: (707) 542-2106 Santa Rosa, CA 95401 Page 1 of 2 www.cinquinipassarino.com ROAD Z j } -J a 1.dM008 a a,� Q F- 'ram W 0 Z N 00 O� Z in O s �d a b� aZo U =�a o "cn it omoz rL N cnm QO O 00 om O _O —L_ �w O � V o� Q) c 1 BODWA Y PARKWA Y V E � J � � W m U W 0_ a 211 WW L'1 �� Q m o :7 W 0 tn J > j C) 7 T J w U a BODWA Y PARKWA Y dd-il- r"rr-cooao 0000 co O Y M (O n 0) 00 co co co co 0 c tNo n co 11, 0 CD m CD CD 0) q-ll - l� _ in 00 Cn co Lo M N O rn 0 0 0 rn tn Go Kl �Z X) o lP WA Y WELLNESS 4, It f Lo N M � l(7 N Lo M Lo 00 � M r` m co � M � Lo M co M � M � M � WAKEFUL 1 N M Lo M o !h N N N r- N O N Lo rn N co N r` N N lD Ln N O d N M � N Q Lti Q j 116 115 QC 114 3 113 112 � 111 J v 110 109 108 107 WA Y O 3 99 O Q i m Q coo � U 0 o c - Q Z o r Z W Q V Q x a W Z o US cn S -' 5 � 0 m vOi a N O w F � a z Ir U 0 G V 00 z ~ z >�C, QQ 0 I od)nNU z a ; Co 60—z 0 a �VV/�� A 0 cv,r-^^ O iA O co C O X Vl N ��all � V)IL LL v, � a z z Z Ups ] }0-0oz x < D Fn z Q<rir -H1 zOcMM I"r U � CL Z M OOOD mH0 V) QQQQ WDLZ:ol - zzoz 'Lo oaa f)MP'SIDdVslol6£88\93!9!4x3\dNI dour lo0!3\Po0\6£99\:J, RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928-2486 Attention: City Clerk (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. FIRST AMENDMENT TO PUBLIC IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND SOMO VILLAGE LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE SOMO VILLAGE PHASE 1N-A PARK AND LANDSCAPE IMPROVEMENTS This First Amendment to Public Improvement Agreement (the "Agreement") is made and entered into on this day of 2022 (the "Effective Date") by and between SOMO VILLAGE LLC, a Delaware Limited Liability Company ("Developer"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"). City and Developer are sometimes referred to hereinafter individually as "Party" and collectively as "Parties". RECITALS A. On August 24, 2021, the City Council of the City of Rohnert Park adopted Resolution No. 2021-098, approving the Tentative Map for the Sonoma Mountain Village Phase IN -A, prepared by Civil Design Consultants, Inc. and dated June 23, 2021 (the "Tentative Map"), subject to certain conditions of approval (the "Conditions"). B. The City and Developer entered into that certain Public Improvement Agreement for the SOMO Village Phase IN -A Park and Landscape Improvements, dated January 25, 2023, and recorded on January 26, 2023, as Instrument No. 2023003411 in the Official Records of the County of Sonoma ("Original PIA"). The Original PIA required the Developer to install a park and landscaping for the neighborhood. C. The City and Developer desire to amend the Original PIA to allow for the partial release of security in accordance with Government Code Section 66499.7 and to allow for partial acceptance of improvements. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Property Subject to Agreement. The property which is the subject of this Agreement is located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit A, attached hereto (the "Property"). SOMO Village Phase 1N-A Landscape and Park Page 1 2. Addition of Section 5.3, Partial Release of Security and Partial Acceptance. Section 5.3 is hereby added to the Original PIA as follows: "5.3. Partial Release of Security and Acceptance. The City, in its sole and absolute discretion, may allow a partial release of the performance and labor and materials security in accordance with Government Code Section 66499.7. In addition, the City, in its sole and absolute discretion, may accept the Work in phases." 3. Original Agreement in Full Force and Effect. Except as amended herein, the Original PIA is in full force and effect. 4.. Counterparts. This First Amendment may be executed in multiple counterparts, each of which shall be deemed to be an original. 5. Authority. Each party executing this First Amendment on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this First Amendment and perform all of its obligations hereunder. IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date. Dated: ATTEST: City Clerk Dated: SOMO Village Phase 1N-A Landscape and Park Page 2 "CITY" CITY OF ROHNERT PARK, a California municipal corporation City Manager Per Resolution No. 2025- adopted by the Rohnert Park City Council at its meeting of February 11, 2025. APPROVED AS TO FORM: City Attorney Dated: Dated: SOMO Village Phase 1N-A Landscape and Park Page 3 "DEVELOPER" SOMO Village LLC, A Delaware Limited Liability Company Bradley E. Baker Its Manager, 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 ) ss. 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) SOMO Village Phase 1N-A Landscape and Park Page 4 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 ) ) ss. COUNTY OF CONTRA COSTA ) 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) SOMO Village Phase 1N-A Landscape and Park Page 5 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 ) ss. 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) SOMO Village Phase 1N-A Landscape and Park Page 6 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928-2486 Attention: City Clerk (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. FIRST AMENDMENT TO PUBLIC IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF ROHNERT PARK AND SOMO VILLAGE LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE SOMO VILLAGE PHASE 1N-A PARK AND LANDSCAPE IMPROVEMENTS This First Amendment to Public Improvement Agreement (the "Agreement") is made and entered into on this day of 2022 (the "Effective Date") by and between SOMO VILLAGE LLC, a Delaware Limited Liability Company ("Developer"), and the CITY OF ROHNERT PARK, a California municipal corporation ("City"). City and Developer are sometimes referred to hereinafter individually as "Party" and collectively as "Parties". RECITALS A. On August 24, 2021, the City Council of the City of Rohnert Park adopted Resolution No. 2021-098, approving the Tentative Map for the Sonoma Mountain Village Phase 1N-A, prepared by Civil Design Consultants, Inc. and dated June 23, 2021 (the "Tentative Map"), subject to certain conditions of approval (the "Conditions"). B. The City and Developer entered into that certain Public Improvement Agreement for the SOMO Village Phase 1N-A Park and Landscape Improvements, dated January 25, 2023, and recorded on January 26, 2023, as Instrument No. 2023003411 in the Official Records of the County of Sonoma ("Original PIA"). The Original PIA required the Developer to install a park and landscaping for the neighborhood. C. The City and Developer desire to amend the Original PIA to allow for the partial release of security in accordance with Government Code Section 66499.7 and to allow for partial acceptance of improvements. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Property Subject to Agreement. The property which is the subject of this Agreement is located in the City of Rohnert Park, Sonoma County, California, and is described in Exhibit A, attached hereto (the "Property"). SOMO Village Phase 1N-A Landscape and Park Page 1 2. Addition of Section 5.3, Partial Release of Security and Partial Acceptance. Section 5.3 is hereby added to the Original PIA as follows: "5.3. Partial Release of Security and Acceptance. The City, in its sole and absolute discretion, may allow a partial release of the performance and labor and materials security in accordance with Government Code Section 66499.7. In addition, the City, in its sole and absolute discretion, may accept the Work in phases." 3. Original Agreement in Full Force and Effect. Except as amended herein, the Original PIA is in full force and effect. 4.. Counterparts. This First Amendment may be executed in multiple counterparts, each of which shall be deemed to be an original. 5. Authority. Each party executing this First Amendment on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this First Amendment and perform all of its obligations hereunder. IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date. Dated: ATTEST: City Clerk Dated: "CITY" CITY OF ROHNERT PARK, a California municipal corporation City Manager Per Resolution No. 2025- adopted by the Rohnert Park City Council at its meeting of February 11, 2025. APPROVED AS TO FORM: City Attorney Dated: SOMO Village Phase 1N-A Landscape and Park Page 2 Dated: "DEVELOPER" SOMO Village LLC, A Delaware Limited Liability Company Bradley E. Baker Its Manager, SOMO Village Phase 1N-A Landscape and Park Page 3 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 ) ss. 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) SOMO Village Phase 1N-A Landscape and Park Page 4 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 ) ) ss. COUNTY OF CONTRA COSTA ) 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) SOMO Village Phase 1N-A Landscape and Park Page 5 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 ) ss. 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) SOMO Village Phase 1N-A Landscape and Park Page 6 EXHIBIT A-1 Legal Description Lying within the City of Rohnert Park, County of Sonoma, State of California, being portions of the lands of SOMO Village, LLC, a Delaware limited liability company as described by Grant Deed recorded under Document Number 2021-074467, Sonoma County Records, said portions are more particularly described as follows: Lots 1 through 116 inclusive, as shown on that final map entitled SOMO Village Phase 1N-A filed in Book 638 of Maps at Pages 'Act-0 _,Sonoma County Records, and Parcels A, B, C, D, E, F, G, H, I, J, K, L, M, N, 0, P, and R as shown on said final map. Containing 10.82 acres more or less. END OF DESCRIPTION Being portions of APN(s) 046-051-042 & 046-051-045. Prepared by Cinquini & Passarino, Inc. NL LAN,0 ✓_� _ OS���NY G. �0 �+� /2� /2p.Za2 hony G. C' iquini, P. . 8614 ( a. � G� d , Date CA Cinquini & Passarino, Inc. 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