2025/08/12 City Council Resolution 2025-053 RESOLUTION NO. 2025-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE VAST OAK NORTH PHASE 3A SURFACE AND JOINT
TRENCH/STREETLIGHT IMPROVEMENTS AND DIRECTING RELATED ACTIONS
WHEREAS, on September 3, 2019, the City Council of Rohnert Park adopted
Resolution 2019-0102, authorizing and approving a Public Improvement Agreement for Vast
Oak North Phase 3A Surface and Joint Trench/Streetlight Improvements by and between the
City of Rohnert Park and the University District, LLC, with an effective date of September 3,
2019, and recorded on September 27, 2019, as Instrument No. 2019070029 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, has submitted cost documentation for the
improvements which substantiates an asset value of$1,928,828; 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 North Phase 3A Surface
and Joint Trench/Streetlight 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 North Phase 3A Surface and Joint
Trench/Streetlight 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 North Phase 3A Surface
and Joint Trench/Streetlight 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 North
Phase 3A Surface and Joint Trench/Streetlight Improvements, defined in the Agreements, as a
capital asset of the City with a current book value of$1,928,828.
DULY AND REGULARLY ADOPTED this 12th day of August, 2025.
CITY OFA jI ERT PARK
IF
&Aldi_e
ATTEST: Gera s Giudi ayor
Sylvia Lopez Cuevas, City Clerk
AfpV AS ORM:
l
Michelle M. Kenyon, City Attorney _ _ -
Attachments: Exhibit A, B, C
ADAMIS: ELWARD: L RODRIGUEZ: �/
AS: ( ) NOE : ) ABSENT: ( ) ABSTAIN:
SANBORN:( ) GIUDICE
Resolution 2025-053
Page 2 of 2
4890-9819-0688 v1 EP19-0001/GR19-0009
EXHIBIT A
CERTIFICATE OF COMPLETION
VAST OAK NORTH PHASE 3A SURFACE AND JOINT TRENCH/ STREETLIGHT
IMPROVEMENTS
I, ___________, 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, a Delaware Limited Liability Company, dated
September 3, 2019, was completed to my satisfaction on July 18, 2025.
That said work and improvements generally consisted of in-tract infrastructure including curb, gutter,
and sidewalk, asphalt streets, joint trench, and streetlights, as more particularly described in the plans and
specifications approved by the City Council of the City of Rohnert Park on September 3, 2019
DATED: _____________________________
____________________________________
Name
City Engineer
4890-9819-0688 v1 EP19-0001/GR19-0009
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 PHASE 3A SURFACE AND JOINT TRENCH/STREETLIGHT
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, _______________, City Engineer of the City of Rohnert Park, California on the
____________________________ 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, a Delaware Limited Liability Company,
and recorded on September 27, 2019 as Instrument No. 2019070029 in the Official Records of
Sonoma County, California (the "Improvement Agreement ") with respect to the Vast Oak North
Phase 3A Surface and Joint Trench/Streetlight 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 August 7, 2019 and August 28, 2019.
That said work and improvements were completed on July 18, 2025, 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 for $1,829,090 (Bond No. TM5235798). The second contractor’s bond for
said project is Liberty Mutual Insurance Company for $609,400 (Bond No. BDTO500032019).
That said work and improvements generally consisted of the Vast Oak North Phase 3A
Surface and Joint Trench/ Streetlight Improvements, as more particularly described in the plans and
specifications approved by the City Engineer of the City of Rohnert Park on Vast Oak North – Phase
3A Improvement Plans, City of Rohnert Park, California, July 2019, WDID # 1 49C370212, prepared
by MacKay & Somps, 16 Sheets 9Sheets C1 thru C16), and approved by the City Engineer on August
7, 2019; Brookfield Homes Vast Oak North – Phase 3A, Rohnert Park, CA Joint Trench, prepared
by Giacalone Design Services, Inc., 6 Sheets (Sheets JT1 thru JT6), and approved by the City
Engineer on August 28, 2019; and Brookfield Homes Vast Oak North Phase 3A – Public Street
Lighting prepared by Giacalone Design Services, Inc., 6 Sheets (Sheets SL1 thru SL6), and approved
by the City Engineer on August 28, 2019.
4890-9819-0688 v1 EP19-0001/GR19-0009
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 August 12, 2025.
Dated: _________________________________ CITY OF ROHNERT PARK
_______________________________
Name
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 _________________________________, at Rohnert Park, California.
CITY OF ROHNERT PARK
_______________________________
Name
City Engineer
4862-8020-8224 v1 EP19-0001/GR19-0009
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 PHASE 3A SURFACE AND JOINT TRENCH/STREETLIGHT
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 September 3, 2019, and recorded on September 27, 2019 as Instrument No. 2019070029 in
the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to
Developer’s Vast Oak North Phase 3A Surface and Joint Trench/Streetlight Improvements (the “Project”),
more particularly described in Exhibit A of the Improvement Agreement.
WHEREAS, Developer has completed in-tract infrastructure including curb, gutter, and sidewalk, asphalt
streets, joint trench, and streetlights, within the Vast Oak North Phase 3A Surface and Joint Trench/Streetlight
Improvements, 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 August 12, 2025.
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 August 12, 2025 and Rohnert Park
Municipal Code Section 16.16.100 adopted by Ordinance
744 in 2005
4862-8020-8224 v1 EP19-0001/GR19-0009
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- EP19-0001/GR19-0009
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
VAST OAK NORTH 3A SURFACE AND JOINT TRENCH/STREETLIGHT 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 27, 2019, as Instrument No. 2019070029 in the Official Records of Sonoma County,
California (the "Improvement Agreement ") with respect to Developer’s Vast Oak North 3A Surface and
Joint trench/Streetlight 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 July 18, 2025.
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- EP19-0001/GR19-0009
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. 2025-___ adopted by the Rohnert Park
City Council at its meeting of August 12, 2025.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
WORD-LA\LNB\70378756.3 -3- EP19-0001/GR19-0009
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)