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2025/09/09 City Council Resolution 2025-072 RESOLUTION NO. 2025-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK PARTIALLY ACCEPTING SOMO VILLAGE PHASE 1N-A PARK AND LANDSCAPE IMPROVEMENTS AND DIRECTING RELATED ACTIONS WHEREAS, on December 13, 2022, the City Council of the City of Rohnert Park adopted Resolution 2022-121, Authorizing and Approving the Public Improvement Agreement for the SOMO Village Phase 1N-A Park and Landscape Improvements by and between the City of Rohnert Park and SOMO Village LLC ("Agreement"); and WHEREAS, the Agreement, with an effective date of January 25, 2023, was recorded on January 26, 2023 as Instrument No. 2023003411 in the Official Records of the County of Sonoma. WHEREAS, on February 11, 2025, the City Council of the City of Rohnert Park adopted Resolution 2025-011, approving the First Amendment to the Agreement, with an effective date of February 11, 2025 as Instrument No. 2025007098 in the Official Records of the County of Sonoma, WHEREAS, the First Amendment to the Agreement authorizes partial acceptance of improvements, WHEREAS, SOMO Village LLC ("Developer") have completed the construction of Neighborhood Park C Improvements ("Park C") in accordance with the plans and specifications for the work and have requested the City to accept the work; and WHEREAS,the Developer has submitted cost documentation for the park which substantiates an asset value of$115,249.95 and a land value asset of$123,665; and WHEREAS, accepting the completed improvements is the final action anticipated by the Public Improvement Agreement. 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 park C, 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, 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 Notice of Completion, the City Manager is hereby authorized and directed to execute the Notice of Acceptance for Park C in substantially similar form to Exhibit B, 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 Park C, defined in the Agreement, as a capital asset of the City with a current book value of$115,249.95 and a land asset value of$123,665. DULY AND REGULARLY ADOPTED this 9ch of September, 2025. CITY OF ROHNERT PARK ATTEST: ily Sanborn, Vice Mayor Elizabeth Machado, Assistant City Clerk APP4WED To FORM: 1 Miche e M. enyo ty Attorney Attachments: Exhibit A& B ADAMS: e ELWARD: tle. RODRIGUEZ: 'Rye_ SANBORN: Atie. GIUDICE: }Wn A 'A; YES: (4 ) NOES: ( ) ABSENT: ( t ) ABSTAIN: (I ) Resolution 2025-072 Page 2 of 2 4934-6313-3537 v1 ES21-0001/EP21-0004/GR21-0011/LS22-0004 EXHIBIT A CERTIFICATE OF PARTIAL COMPLETION SOMO VILLAGE PHASE 1N-A PARK AND LANDSCAPE 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 SOMO Village, LLC, dated January 25, 2023, was completed to my satisfaction on _______________. That said work and improvements generally consisted of construction of a park with a playground, grass area, walkway, benches, drinking fountain, installation of plants and trees, known as Park C, as more particularly described in the plans and specifications approved by the City Engineer of the City of Rohnert Park on November 4, 2022. DATED: ___________________, 2025 ____________________________________ Name: City Engineer 4934-6313-3537 v1 ES21-0001/EP21-0004/GR21-0011/LS22-0004 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 SOMO VILLAGE PHASE 1N-A PARK AND LANDSCAPE PARTIAL 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 owner, then of the stated owner and co-owners is: In fee That I, _______________, City Engineer of the City of Rohnert Park, California on the ______day of ___________, 2025, did file with the City Clerk of the City of Rohnert Park, a Certificate of Partial 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 SOMO Village LLC, and recorded on January 26, 2023, as Instrument No. 2023003411 in the Official Records of Sonoma County, California (the "Improvement Agreement ") with respect to the property consisting of Phase 1N-A of the SOMO Village Planned Development project, 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 4, 2023. That said work and improvements were completed on _____________, and that the name of the surety on the contractor's bond for labor and materials on said project is Philadelphia Insurance Companies. That said work and improvements generally consisted of the construction of a park with a playground, grass area, walkway, benches, drinking fountain, installation of plants and trees, 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 SOMO Village Neighborhood C, SOMO Village Rohnert Park, California, September 14, 2002, prepared by Vandertoolen and Associates, 31 Sheets (Sheets (L-0.0-L12.2), and approved by the City Engineer on November 4, 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. 2025-____, adopted by the City Council on ______________. Dated: _____________________, 2025 CITY OF ROHNERT PARK 4934-6313-3537 v1 ES21-0001/EP21-0004/GR21-0011/LS22-0004 _______________________________ 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 ______ day of ______________, 2025, at Rohnert Park, California. CITY OF ROHNERT PARK _______________________________ Name: City Engineer 4922-5655-0241 v1 ES21-0001/EP21-0004/GR21-0011/LS22-0004 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 SOMO VILLAGE PHASE 1N-A PARK AND LANDSCAPE PARTIAL IMPROVEMENTS WHEREAS, the City of Rohnert Park, a California municipal corporation (“City”), and SOMO Village LLC, a Delaware Limited Liability Company. (“Developer”) entered into that certain Public Improvement Agreement, dated January 25, 2023, and recorded on January 26, 2023, as Instrument No. 2023003411 in the Official Records of Sonoma County, California (the "Improvement Agreement") with respect to Phase 1N-A of the SOMO Village Planned Development project (the “Project”), more particularly described in Exhibit A of the Improvement Agreement. WHEREAS, Developer has completed construction of a portion of the improvements required to be completed under the Improvement Agreement, namely Park C, which includes a playground, grass area, walkway, benches, drinking fountain, installation of plants and trees with Phase 1N-A, as required pursuant to the Improvement Agreement (the “Improvements”). WHEREAS, the Improvements are for the purpose of providing a community park 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. 2025-____, adopted by the City Council on _____________. 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 ____________ and Rohnert Park Municipal Code Section 16.16.100 adopted by Ordinance 744 in 2005 4922-5655-0241 v1 ES21-0001/EP21-0004/GR21-0011/LS22-0004 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)