HomeMy WebLinkAbout2025/08/12 City Council Resolution 2025-057 RESOLUTION NO. 2025-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ACCEPTING THE VAST OAK EAST IN-TRACT, BACKBONE, AND HINEBAUGH
CREEK TRAIL PHASE 2 LANDSCAPING IMPROVEMENTS AND DIRECTING
RELATING ACTIONS
WHEREAS, on November 17, 2017, the City Council of Rohnert Park adopted
Resolution 2017-129, authorizing and approving a Public Improvement Agreement for Vast Oak
East In-Tract, Backbone, and Hinebaugh Creek Trail Phase 2 Landscaping Improvements by and
between the City of Rohnert Park and the University District, LLC, with an effective date of
October 11, 2018, and recorded on October 24, 2018, as Instrument No. 2018073928 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$631,664; 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 East In-Tract, Backbone,
and Hinebaugh Creek Trail Phase 2 Landscaping 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 East In-Tract, Backbone, and Hinebaugh
Creek Trail Phase 2 Landscaping Improvements, 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 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 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 East In-Tract, Backbone, and Hinebaugh Creek Trail Phase 2
Landscaping 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 East In-
Tract, Backbone, and Hinebaugh Creek Trail Phase 2 Landscaping Improvements, defined in the
Agreements, as a capital asset of the City with a current book value of$631,664.
DULY AND REGULARLY ADOPTED this 12th day of August, 2025.
CITY O " ' S ERT PARK
!-4
Ger: • e, Mayor
ATTEST:
Sylvia Lopez Cuevas, City Clerk
A _R V S TO FORM:
Michelle M. Kenyon, City Attorney
Attachments: Exhibit A, B, and C
ADAMS: ELWARD: RODRIGUEZ: SANBORN• GIUDICE
kft.,
ES: ( 5T NO ( ABSENT: ) ABSTAIN:
Resolution 2025-057
Page 2 of 2
4890-9819-0688 v1 GR17-0021/GR18-0017/GR18-0016/GR18-0018/GR18-
0019
EXHIBIT A
CERTIFICATE OF COMPLETION
VAST OAK EAST IN-TRACT, BACKBONE, AND HINEBAUGH CREEK TRAIL
PHASE 2 LANDSCAPING 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 October
11, 2018, was completed to my satisfaction on May 1, 2025 .
That said work and improvements generally consisted of landscape in Vast Oak East in -tract,
backbone, and Hinebaugh Creek Trail, as more particularly described in the plans and specifications approved
by the City Council of the City of Rohnert Park on November 14, 2017.
DATED: _____________________________
____________________________________
Name
City Engineer
4890-9819-0688 v1 GR17-0021/GR18-0017/GR18-0016/GR18-0018/GR18-
0019
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 EAST IN-TRACT, BACKBONE, AND HINEBAUGH CREEK TRAIL PHASE 2
LANDSCAPING IMPROVEMNETS
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 October 24, 2018 as Instrument No. 2018073928 in the Official Records of Sonoma County,
California (the "Improvement Agreement ") with respect to the Vast Oak East In-Tract, Backbone,
and Hinebaugh Creek Trail Phase 2 Landscaping 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 May 8, 2018, May 15, 2018, May 18, 2018, July 10, 2018,
and September 19, 2018.
That said work and improvements were completed on May 1, 2025.
That said work and improvements generally consisted of the landscape in Vast Oak East In-
Tract, Backbone, and Hinebaugh Creek Trail Phase 2, as more particularly described in the plans
and specifications approved by the City Engineer of the City of Rohnert Park on Landscape
Construction Documents for: Kingwood Road and Knight Road Backbone Streetscape, Vast Oak at
University District, Rohnert Park, CA, May 2018, prepared by vanderToolen and Associates, 16
Sheets (Sheets L-0 thru L-14 and L-11A), and approved by the City Engineer on July 10, 2018;
Landscape Construction Documents for Juniper Production Parkways, (15) Six Pack Lots, Phase
2A, 2E, and 2F, Vast Oak East at University District, Rohnert Park, CA, April 10, 2018, prepared
by vanderToolen and Associated, 8 Sheets (Sheets L0-L7) and approved by the City Engineer on
May 18, 2018; Landscape Construction Documents for: Cypress East at University District
Production, Parkways, (80) 50 x 80 and (60) 45 x 70 Lots, Phase 2B, Vast Oak Est at the university
District, Rohnert Park, CA, May 4, 2018, prepared by vanderToolen and Associated, 8 Sheets
(Sheets L-0 thru L-7), and approved by the City Engineer on May 15, 2018; Landscape Construction
4890-9819-0688 v1 GR17-0021/GR18-0017/GR18-0016/GR18-0018/GR18-
0019
Documents for: Sycamore at University District Production Parkways, (96) 50 x 80 Lots, Phase 2C
Vast Oak East at University District, Rohnert Park, CA, September 17, 2018, prepared by
vanderToolen and Associates, 12 Sheets (Sheets L-0 thru L-11), and approved by the City Engineer
on September 19, 2018; Landscape Construction Documents for: Live Oak at university District
Production Parkways, (85) 55 x 80 Lots, Phase 2D, Vast Oak East at University District, Rohnert
Park, CA, September 17, 2018, prepared by vanderToolen and Associates, 8 Sheets (Sheets L-0 thru
L-7), and approved by the City Engineer on September 19, 2018; and Landscape Construction
Documents for: Hinebaugh Creek Class I Bike Trail, Phase Two, Vast Oak East at University
District, Rohnert Park, CA, April 10, 2018, prepared by vanderToolen and Associates, 20 Sheets
(Sheets (L-0 thru L-19), and approved by the City Engineer on May 8, 2018.
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 GR17-0021/GR18-0017/GR18-0016/GR18-0018/GR18-
0019
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 EAST IN-TRACT, BACKBONE, AND HINEBAUGH CREEK TRAIL PHASE
2 LANDSCAPING 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 October 11, 2018, and recorded on October 24, 2018, as Instrument No. 2018073928 in the
Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to Developer’s
Vast Oak East In-Tract, Backbone, and Hinebaugh Creek Trail Phase 2 Landscaping Improvements (the
“Project”), more particularly described in Exhibit A of the Improvement Agreement.
WHEREAS, Developer has completed landscape in Vast Oak East, in-tract, backbone, and Hinebaugh Creek
Trail Phase 2 Landscape Improvements, as required pursuant to the Improvement Agreement (the
“Improvements”).
WHEREAS, the Improvements are for the purpose of landscape 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 GR17-0021/GR18-0017/GR18-0016/GR18-0018/GR18-
0019
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- GR17-0021/GR18-0017/GR18-0016/GR18-0018/GR18-0019
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 EAST IN-TRACT, BACKBONE, AND HINEBAUGH CREEK TRAIL PHASE 2
LANDSCAPING 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
October 24, 2018, as Instrument No. 2018073928 in the Official Records of Sonoma County, California
(the "Improvement Agreement ") with respect to Developer’s Vast Oak East In-Tract, Backbone, and
Hinebaugh Creek Trail Phase 2 Landscaping 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 May 1, 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- GR17-0021/GR18-0017/GR18-0016/GR18-0018/GR18-0019
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- GR17-0021/GR18-0017/GR18-0016/GR18-0018/GR18-0019
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identit y of the
individua l who s igned the docum ent to which this
ce rti ficate is a ttached, and not the trut hful ness ,
accuracy, or val idity of that document .
STATE OF CAnt.
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 offature ______
__________________________
(Seal)
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