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2025/08/12 City Council Resolution 2025-054 RESOLUTION NO. 2025-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING THE VAST OAK NORTH PHASE 3B SUBDIVISION IN-TRACT IMPROVEMENTS AND DIRECTING RELATING ACTIONS WHEREAS, on September 14, 2021, the City Council of Rohnert Park adopted Resolution 2021-103, authorizing and approving a Public Improvement Agreement for Vast Oak North Phase 3B Subdivision In-Tract Improvements by and between the City of Rohnert Park and the University District, LLC, with an effective date of December 19, 2022, and recorded on December 28, 2022, as Instrument No. 2022080794 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$1,660,270.42; 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 3B Subdivision In-Tract 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 3B Subdivision In-Tract 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, upon Developer's submittal of the MWELO documentation in a form acceptable to City. 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 3B Subdivision In-Tract 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 3B Subdivision In-Tract Improvements, defined in the Agreements, as a capital asset of the City with a current book value of$1,660,270.42. DULY AND REGULARLY ADOPTED this 12th day • ' 'gu t, 2025. CITY OF il N ,'T PARK 4fAlb° P 4140__ II. ATTEST: Gerar•rM- - nor Sylvia Lopez Cuevas, City Clerk AP OVED TO FORM: 4/ / Michelle M. Kenyon, City Attorney Attachments: Exhibit A, B, C ADAMS ELWARDL RODRIGUEZ: SANBORN• GIUDICE:� r-*/ AYES: (5-) NOE , ) ABSENT: ( ) ABSTAIN: Resolution 2025-054 Page 2 of 2 4890-9819-0688 v1 EP19-0004/GR21-0006/GR21-0004/LS22-0005/EP19-0010 EXHIBIT A CERTIFICATE OF COMPLETION VAST OAK NORTH PHASE 3B SUBDIVISION IN-TRACT IMPROVEMENTS I, _____________, City Engineer of the City of Rohnert Park, California, do hereby certify that the work and improvements hereinafter described, t he 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 December 19, 2022, was completed to my satisfaction on July 18, 2025. That said work and improvements generally consisted of surface improvements (streets, curb, gutter, and sidewalks), wet utilities (potable water, recycled water, sanitary sewer, and storm drain), dry utilities (electric, gas, phone, and cable), and landscaping, as more particularly described in the plans and specifications approved by the City Council of the City of Rohnert Park on September 14, 2021. DATED: ___________________________ ____________________________________ Name City Engineer 4890-9819-0688 v1 EP19-0004/GR21-0006/GR21-0004/LS22-0005/EP19-0010 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 NORTH PHASE 3B SUBDIVISION IN-TRACT 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 December 28, 2022 as Instrument No. 2022080794 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to the Vast Oak North Phase 3B Subdivision In-Tract 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 9, 2021, March 25, 2022, and August 18, 2022. 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 Liberty Mutual Insurance Company (Bond NO. BDTO500195020 & BDTO500197020). That said work and improvements generally consisted of the surface improvements (streets, curb, gutter, and sidewalk), wet utilities (potable water, recycled water, sanitary sewer, and storm drain), dry utilities (electric, gas, phone, and cable), and landscaping for each neighborhood, as more particularly described in the plans and specifications approved by the City Enginner of the City of Rohnert Park on Vast Oak North – Phase 3B Improvements Plans, City of Rohnert Park, California, December 2020, WDID # 1 49C370212, Permit No. EP19-0004, prepared by Mackay & Somps, 22 Sheets (Sheets C1 thru C22), and approved by the City Engineer on August 9, 2021; Brookfield Homes, Vast Oak North Phase 3B, Rohnert Park, Ca (Joint Trench/Streetlight Plans), by Giacalone Design Services, Inc., February 2020, 8 Sheets (Sheets JT1-JT5 and LS1-LS3), and approved by the City Engineer on August 9, 2021; Landscape Construction Documents For Phase 3B Production Parkways, 4-Pack Lots, Vast Oak North at University District, Rohnert Park, CA, prepared by VAnderToolen & Associates, 17 Sheets (Sheets L-0.0 thru L-7.0), and approved by the City Engineer on August 18, 2022; and Landscape Construction Documents For: Hinebaugh Creek Class I Bike Trail, Phase 3B, Vast Oak North at University District, Rohnert Park, CA, prepared by 4890-9819-0688 v1 EP19-0004/GR21-0006/GR21-0004/LS22-0005/EP19-0010 VanderToolen & Associates, 15 Sheets (Sheets L-0.0 thru L-9.0) and approved by the City Engineer on march 25, 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 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 EP19-0004/GR21-0006/GR21-0004/LS22-0005/EP19-0010 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 NORTH PHASE 3B SUBDIVSION IN-TRACT 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 December 19, 2022, and recorded on December 28, 2022 as Instrument No. 2022080794 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Vast Oak North Phase 3B Subdivision In -Tract Improvements (the “Project”), more particularly described in Exhibit A of the Improvement Agreement. WHEREAS, Developer has completed surface improvements (streets, curb, gutter, and sidewalks), wet utilities (potable water, recycled water, sanitary sewer, and storm drain), dry utilities (electric, gas, phone, and cable), and landscaping for Vast Oak North Phase 3B Subdivision In -Tract 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. 2025-__ adopted on August 12, 2025 and Rohnert Park Municipal Code Section 16.16.100 adopted by Ordinance 744 in 2005 4862-8020-8224 v1 EP19-0004/GR21-0006/GR21-0004/LS22-0005/EP19-0010 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- EP19-0004/GR21-0006/GR21-0004/LS22-0005/EP19-0010 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 PHASE 3B SUBDIVISION IN-TRACT 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 December 28, 2022 as Instrument No. 2022080794 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s Vast Oak North Phase 3B Subdivision In- Tract 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- EP19-0004/GR21-0006/GR21-0004/LS22-0005/EP19-0010 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- EP19-0004/GR21-0006/GR21-0004/LS22-0005/EP19-0010 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)