HomeMy WebLinkAbout24818RESOLUTION NO. 24818
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 32233-1 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, (A5086), FOR PROPERTY
LOCATED ALONG THE EAST SIDE 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, (hereinafter the "City"),
at its meeting of May 4, 2005, adopted Resolution No. 21252, approving Tract Map
32233-1 and a related Subdivision Improvement Agreement, (Agreement No. A5086),
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 $2,032,000 to guarantee construction of certain public improvements
required for and associated with Tract Map 32233-1, (the "Works of Improvement"); and
WHEREAS, the Developer has filed with the City Clerk a performance bond in
the amount of $2,032,000, a labor and materials (payment) bond in the amount of
$1,016,000, and a Monumentation (payment) bond in the amount of $35,000, and a
Maintenance and Warranty (payment) Bond in the amount of $304,800 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
Resolution No. 24818
Page 2
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 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.
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 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 32233-1.
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. 72BSBDJ4779; $2,032,000
• Labor and Materials Bond No. 72BSBDJ4779; $1,016,000
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,
Resolution No. 24818
Page 3
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
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 12th day of November, 2020.
ATTEST:
i
ony Mejia C
M`
David H. Ready, City ger
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24818 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 November 12, 2020, by the
following vote:
AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege,
and Mayor Kors
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this $ day of e�� = eo
ony Me , Clerk
City of PaIrrf Springs, California
Acceptance of the Works of Improvement Certificate follows this page.
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 32233-1
Subdivision Improvement Agreement (A05086)
The undersigned, City of Palm Springs, a California charter city and municipal
corporation, (hereafter the "City"), hereby confirms that on November 12, 2020, the City
Council of the City accepted the Works of Improvement associated with Tract Map
32233-1 to be constructed by or on behalf of Palm Springs Classic, LLC, a Delaware
Limited Liability Company, and/or its successors and assigns, (collectively, hereafter the
"Developer"), pursuant to that certain Subdivision Improvement Agreement (A5086) by
and between the City and Developer recorded on June 17, 2005, as Document No.
2005-0484549, 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 32233-1, identified as that certain real property more particularly
described in Exhibit "A" attached hereto.
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Dated:
Attest:
City of Palm Springs, a California charter
city and municipal corporation
David H. Ready, City Manager
Approved as to form:
Anthony J. Mejia, City Clerk Jeff Ballinger, City Attorney
EXHIBIT "A"
Tract Map No. 32233-1 filed in the office of the County Recorder, County of Riverside,
State of California, on May 23, 2005, in Book 381 of Maps at Pages 59 through 57.