HomeMy WebLinkAbout24906RESOLUTION NO. 24906
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 32233-2 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, (A5087), FOR PROPERTY
LOCATED EAST OF GENE AUTRY TRAIL AND SOUTH OF
VISTA CHINO, IN SECTION 7, TOWNSHIP 4 SOUTH,
RANGE 5 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting
of October 13, 2004, recommended approval of Tentative Tract Map 32233, subject to
conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"),
at its meeting of November 17, 2004, approved Tentative Tract Map 32233 subject to
conditions; and
WHEREAS, the City Council of the City of Palm Springs, at its meeting of May 4,
2005, adopted Resolution No. 21253, approving Tract Map 32233-2 and a related
Subdivision Improvement Agreement, (Agreement No. 5087), with Palm Springs Classic,
LLC, a Delaware Limited Liability Company, (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 $3,223,500 to guarantee construction of certain public improvements
required for and associated with Tract Map 32233-2, (the "Works of Improvement'); and
WHEREAS, the Developer has filed with the City Clerk a performance bond in the
amount of $3,223,500, a labor and materials payment bond in the amount of $1,611,750,
and a Monumentation payment bond in the amount of $22,000, and a Maintenance and
Warranty payment Bond in the amount of $483,525 in accordance with the Subdivision
Improvement Agreement; and
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 subdivision improvement
securities filed with the City Clerk to guarantee construction of the Works of Improvement; and
Resolution No. 24906
Page 2
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 Engineer 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.
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 Palm Springs
Classic, LLC, a Delaware 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 32233.
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 32233-2.
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. 72BSBDJ4781; $3,223,500
Labor and Materials Bond No. 72BSBDJ4781; $1,611,750
Monumentation Bond No. 72BSBDJ4782; $22,000
SECTION 6. In accordance with Section 4.5(b) of the Subdivision Improvement
Agreement, the City Clerk is hereby authorized to release all Bonds for the project,
excluding the Maintenance 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
Resolution No. 24906
Page 3
Improvement, and there being no claims regarding defective work associated with the
Works of Improvement having been filed with the City Engineer.
SECTION 7. The City Clerk, following adoption of this resolution, shall file with
the Riverside County Recorder, the Acceptance of the Works of Improvement
Certificate attached hereto.
ADOPTED THIS 10th DAY OF JUNE, 2021.
JUSTI CLIFTON, CI MANAGER
0
ONY J1 MEJW,-Q#'GLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24906 is a full, true, and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 10, 2021, by the following
vote:
AYES:
Councilmembers Garner,
Mayor Holstege
NOES:
None
ABSENT:
None
ABSTAIN:
None
Kors, Woods, Mayor Pro Tern Middleton, and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 1 , day of
Anthony J. M jia, MMCYp-OI
City of Palm Springs, California