2025/08/12 City Council Resolution 2025-055 RESOLUTION NO. 2025-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE IMPROVEMENTS TO THE KEISER AVENUE—PETALUMA
HILL ROAD INTERSECTION AND DIRECTING RELATING ACTIONS
WHEREAS, on March 22, 2022, the City Council of Rohnert Park adopted Resolution
2022-033, authorizing and approving a Public Improvement Agreement for the Keiser Avenue
and Petaluma Hill Road Intersection Improvements by and between the City of Rohnert Park and
the University District, LLC, with an effective date of November 13, 2023, and recorded on
November 14, 20203, as Instrument No. 2023056431 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,the Keiser Avenue and Petaluma Hill Road Intersection will be owned and
maintained by Sonoma County and will not be an asset of the City; and
WHEREAS, acknowledging the improvement as complete is the final action anticipated
by the Public Improvement Agreement; and
WHEREAS,the construction of the Keiser Avenue—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 Keiser Avenue—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 on or after a date one year from the adoption of
this resolution, the City Manager is hereby authorized and directed to execute the
Acknowledgements of Completion and Termination of the Public Improvement Agreements for
the Keiser Avenue—Petaluma Hill Road Intersection Improvements, in substantially similar
form to Exhibit B, attached to this Resolution and incorporated b is reference.
DULY AND REGULARLY ADOPTED this 12th • • Au:ust, 2025.
CITY O ERT PARK
allege
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• •• ayor
ATTEST:
Sylvia Lopez Cuevas, City Clerk
APPROVED AS T FORM:
—tit A
Michelle M. Kenyon, City Attorney
Attachments: Exhibit A, B
ADAMS:' 1 ELWARD RODRIG SANBORN• t GILDICE: Y/
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Resolution 2025-055
Page 2 of 2
4890-9819-0688 v1 EP22-0002
EXHIBIT A
CERTIFICATE OF COMPLETION
KEISER AVENUE – PETALUMA HILL ROAD INTERSECTION 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
November 13, 2023, was completed to my satisfaction on April 18, 2025.
That said work and improvements generally consisted of intersection improvements at Keiser Avenue
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: _________________________
____________________________________
Name
City Engineer
4890-9819-0688 v1 EP22-0002
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 – PETALUMA HILL ROAD INTERSECTION 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
______________, 2025, 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 November 13, 2023 as Instrument No. 2023056431 in the Official Records of Sonoma County,
California (the "Improvement Agreement ") with respect to the Keiser Avenue – Petaluma Hill Road
Intersection 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 November 7, 2023.
That said work and improvements were completed on April 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 for $1,290,900 (Bond No.BDTO500116022).
That said work and improvements generally consisted of the Keiser Avenue – Petaluma Hill
Road Intersection Improvements, as more particularly described in the plans and specifications
approved by the City Engineer of the City of Rohnert Park on Keiser Avenue at Petaluma Road
Improvements Plans, city of Rohnert Park, County of Sonoma, California, July 2023, WDID#: 1
49C370212, prepared by MacKay & Somps, 16 Sheets (Sheets 1 thru 10, TS-1 thru TS-4, SS-1 thru
SS-2), and approved by the Deputy City Engineer November 7, 20203.
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
4890-9819-0688 v1 EP22-0002
_______________________________
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
WORD-LA\LNB\70378756.3 -1- EP22-0002
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 – PETALUMA HILL ROAD INTERSECTION 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
November 14, 2023 as Instrument No. 2023056431 in the Official Records of Sonoma County, California
(the "Improvement Agreement ") with respect to Developer’s Keiser Avenue – Petaluma Hill Road
Intersection 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 April 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.
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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
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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)