HomeMy WebLinkAbout24974RESOLUTION NO. 24974
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE
SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 36689 AND AUTHORIZING RELEASE OF SECURITIES
REQUIRED BY THE SUBDIVISION IMPROVEMENT
AGREEMENT WITH JEN CALIFORNIA 3, LLC., A CALIFORNIA
LIMITED LIABILITY COMPANY, (A7158), FOR PROPERTY
LOCATED AT NORTHEAST CORNER OF FARRELL DRIVE AND
BARISTO ROAD, IN SECTION 13, TOWNSHIP 4 SOUTH, RANGE
4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting
of July 23, 2014, recommended approval of Tentative Tract Map 36689, subject to
conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"),
at its meeting of September 14, 2014, approved Tentative Tract Map 36689 subject to
conditions, and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"),
at its meeting of June 20, 2018, adopted Resolution No. 24448, approving Tract Map
36689 and a related Subdivision Improvement Agreement, (Agreement No. 7158), with
Jen California 3, LLC, a California 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 $5,684,000.00 to guarantee construction of certain public
improvements required for and associated with Tract Map 36689, (the "Works of
Improvement"); 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
WHEREAS, the City Engineer has examined the Works of Improvement, and has
found them to be constructed in accordance with the Subdivision Improvement
Agreement, and the associated plans and specifications; and
Resolution No. 24974
Page 2
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 Jen California 3,
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 Tract Map 36689.
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 36689.
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; $5,684,000.00 (93% reduction = $400,000.00)
• Labor and Material Bond; $2,842,000.00 (93% reduction = $200,00.00)
• Monumentation Bond; $30,000.00 (0% reduction)
• Maintenance and Warranty Bond; $852,600.00 (0% reduction)
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 Improvement, and
there being no claims regarding defective work associated with the Works of
Improvement having been filed with the City Engineer.
Resolution No. 24974
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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 27TH DAY OF JANUARY, 2022.
�� C'�
JUSTIN elIFTON, CI MANAGER
ATTEST:
Af4THONY J. M IA, LERK
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. 24974 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 January 27, 2022, by the
following vote:
AYES: Councilmembers Holstege, Kors, Woods, Mayor Pro Tern Garner, and
Mayor Middleton
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 t L4 t- day of
(Anthony J. Me ia, ,Clerk
City of Palm Springs, C lifornia
Resolution No. 24974
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Acceptance of the Works of Improvement Certificate follows this page.
Resolution No. 24974
Page 5
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 36689
Subdivision Improvement Agreement (A7158)
The undersigned, City of Palm Springs, a California charter city and municipal
corporation, (hereafter the "City"), hereby confirms that on January 27, 2022, the
City Council of the City accepted the Works of Improvement associated with Tract
Map 36689 to be constructed by or on behalf of Jen California 3, LLC, a California
Limited Liability Company, and/or its successors and assigns, (collectively, hereafter
the "Developer"), pursuant to that certain Subdivision Improvement Agreement
(A7158) by and between the City and Developer recorded on August 19, 2018, as
Document No. 2018-0375377, 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 36689, identified as that
certain real property more particularly described in Exhibit "A" attached hereto.
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Resolution No. 24974
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Dated:
City of Palm Springs, a California charter
city and municipal corporation
Justin Clifton, ICMA-CM, City Manager
Attest: Approved as to form:
Anthony J. Mejia, City Clerk Jeff Ballinger, City Attorney
Resolution No. 24974
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EXHIBIT "A"
Tract Map No. 36689 filed in the office of the County Recorder, County of
Riverside, State of California, in Book 462 of Maps at Pages 89 through 96.
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