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HomeMy WebLinkAbout24707RESOLUTION NO . 24707 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA , AUTHORIZING THE RELEASE OF SECURITIES ASSOCIATED WITH TRACT MAP 28966 AND THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PROPERTY LOCATED AT THE SOUTH END OF VIA MONTE VISTA , IN SECTION 10 , TOWNSHIP 4 SOUTH , RANGE 4 EAST. WHEREAS , the Planning Commission of the City of Pa lm Springs , at its meeting of October 9, 2002 , recommended approval of Tentative Tract Map 28966, subject to conditions ; and WHEREAS , the City Council of the City of Palm Springs , (hereinafter the "City"), at its meeting of November 16, 2002 , approved Tentative Tract Map 28966 subject to conditions ; and WHEREAS , the City Council of the City of Palm Springs , (hereinafter the "City "), at its meeting of January 7 , 2004 , adopted Resolution No. 20809, approving Tra ct Map 28966 and a related Subdivision Improvement Agreement , (Agreement No . 4814), with Preserve Golf Company , LLC a California Limited Liability Company , and on June 16, 2004 City Council accepted a replacement Subdivision Improvement Agreement and replacement securities with Calise Development, LLC , a Cal ifornia Limited Liability Company, and in 2010 Tri palms view Properties , LLC, a California Limited Liab ili ty Company began purchasing the project from the lenders (hereinafter the "Developer"), in accordance with Section 66462 of the California Government Code ; and WHEREAS , in accordance with Section 4 .1 of the Subdivision Improvement Agreement , the Developer was required to submit subdivision improvement securities in the amount of $520 ,000 .00 to guarantee construction of certain public improvements required for and associated with Tract Map 28966 , (the "Works of Improvement"); and WHEREAS , the Developer has filed with the City Clerk a performance bond in the amount of $520 ,000.00 , a labor and materials (payment) bond in the amount of $260,000.00 , and a Monumentation (payment) bond in the amount of $9850 .00 , and a Maintenance and Warranty (pa yment) Bond in the amount of $78 ,000 .00 in acco rdance with the Subdivis io n Improvement Agreement ; and WHEREAS , in 2006 a bond reduction was approved and bonds reduced to the following amounts : Performance Bond $357 ,760 .00, Labor and Materials (payment) Bond $178 ,880 .00 ; and WHEREAS , in 2008 a bond reduction was approved and the Performance Bond reduced to following amount $114,460 .00 ; and Resolution No. 24707 Page 2 WHEREAS, the Developer has completed construction of the Works of Improvement, and has requested that the City accept the Works of Improvement in accordance with Section 1.14 of the Subdivision Improvement Agreement; and WHEREAS, in accordance with Section 4.5 of the Subdivision Improvement Agreement, the Developer has requested that the City release the remaining subdivision improvement securities filed with the City Clerk to guarantee construction of the Works of Improvement; and WHEREAS, the City Engineer has examined the Works of Improvement, and has found them to be constructed and completed in accordance with the Subdivision Improvement Agreement, and the associated plans and specifications; and WHEREAS, the City Engin~er recommends that the City Council accept the Works of Improvement, and authorize the City Clerk to release the subdivision improvement securities filed with the City Clerk to guarantee construction of the Works of Improvement, with the exception of the maintenance and warranty security required by Section 4(b) of Subdivision Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals above are found to be true and correct and constitute the findings of the City Council made in support of this resolution. SECTION 2. The City Council hereby finds and determines that the Works of Improvement have been completed in accordance with the relevant provisions of the Subdivision Improvement Agreement and the approved plans and specifications, and the City Council hereby accepts the completed Works of Improvements. · SECTION 3. The City Council's acceptance of the Works of Improvement effectuated by this resolution shall not in any way supersede or relieve Calise Development, LLC, a California Limited Liability Company or Tripalmsview Properties, LLC, a California Limited Liability Company, or its successors and assigns, of any other obligations required by the Subdivision Improvement Agreement or the conditions of approval associated with Tentative Tract Map 28966. SECTION 4. The City Council's acceptance of the Works of Improvement effectuated by this resolution shall not in any way impose an obligation on the City of Palm Springs to maintain those improvements that are required to be privately maintained by a Homeowners Association through Covenants, Conditions and Restrictions (CC&R's), including the private streets associated with Tract Map 28966. Res olution No. 24707 Page 3 SECTION 5 . In accordance with Section 4 .5(a) of the Subdivision Improvement Agreement, the City Clerk is hereby authorized to release the following Security Instruments previously filed with the City Clerk to guarantee construction of the Works of Improvement: • Faithful Performance Bond No . 195755 ; $114,460.00 • Labor and Materials Bond No . 195755LM ; $178 ,880 .00 • Monumentation Bond No . 195756 ; $9 ,850 .00 SECTION 6 . I In accordance with Section 4 .5(b ) of the Subdivision Improvement Agreement, the City Clerk is hereby authorized to release the Ma intenance and Warranty Bond which will be held as security for a period of one year following the City Council 's acceptance of the Works of Improvement, and there being no claims regarding defective work associated with the Works of Improvement having been filed with the City Eng ineer. SECTION 7 . The City Clerk , following adoption of this resolution , shall file w ith the Riverside County Recorder, the Acceptance of the Works of Improvement Certificate attached hereto . ADOPTED THIS 30TH DAY OF JANUARY, 2020 . <.:: ATTEST: Re solution No. 24707 Pa ge 4 CERTIFICATION STATE OF CALIFORN IA ) COUNTY OF RIVERSIDE ) ss. C ITY OF PALM SPRINGS ) I , ANTHONY MEJIA, City Clerk of the City of Palm Springs , hereby certify that Resolution No . 24707 is a full , true and co rre ct copy , and was duly adopted at a regular meeting of the City Counci l of the City of Palm Springs on the 30th day of January, 2020, by the following vote : AYES : NOES: ABSENT: ABSTAIN : Counci lm embers Garner , Middleton , Woods , Mayor Pro Tern Holstege, and Mayor Kors None None None IN WITNESS W HEREOF, I have hereunto set my hand and affixed the official sea l of the City of Palm Springs , Ca lifornia , this \O~ day of fe1or 0c>9 , "1.o-Z.O Resolution No. 24707 Page 5 ) Acceptance of the Works of Improvement Certificate follows this page. ' Resolution No. 24707 Page 6 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ·city Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fees under Government Code §6103 Acceptance of the Works of Improvement Certificate Tract Map 28966 Subdivision Improvement Agreement (A4814) The undersigned, City of Palm Springs, a California charter city and municipal corporation, (hereafter the "City"), hereby confirms that on December 4, 2019, the City Council of the City accepted the Works of Improvement associated with Tract Map 28966 to be constructed by or on behalf of Tripalmsview Properties, LLC a California Limited Liability Company, and/or its successors and assigns, (collectively, hereafter the "Developer''), pursuant to that certain Subdivision Improvement Agreement (A4814) by and between the City and Developer recorded on March 5, 2004, as Document No. 2004- 0154782, records of Riverside County Recorder, (hereafter the "Agreement"). The City hereby releases the Developer from its performance obligations to construct the Works of Improvement as set forth in the Agreement, and hereby releases the Security Instruments filed with the City Clerk pursuant to and in accordance with the Agreement. This Acceptance Certificate is applicable to those Works of Improvement associated with Tract Map 28966, identified as that certain real property more particularly described in Exhibit "A" attached hereto. [SIGNATURES ON NEXT PAGE] Resolution No. 24707 Page 7 Dated: _________ _ Attest: Anthony J. Mejia, MMC City Clerk City of Palm Springs, a California charter city and municipal corporation David H. Ready, City Manager Approved as to form: Jeffrey S. Ballinger, City Attorney Resolution No. 24707 Page 8 EXHIBIT "A" Tract Map No. 28966 filed in the office of the County Recorder, County of Riverside, State of California, on February 27, 2004, in Book 351 of Maps at Pages 23 through 26.