HomeMy WebLinkAbout24975RESOLUTION NO. 24975
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 36725 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
FAR WEST INDUSTRIES, (A7028), FOR PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF NORTH
PALM CANYON DRIVE AND ALVARADO ROAD, IN
SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting
of December 10, 2014, recommended approval of Tentative Tract Map 36725, subject to
conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"),
at its meeting of January 7, 2015, approved Tentative Tract Map 36725 subject to
conditions, and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"),
at its meeting of July 19, 2017, adopted Resolution No. 24278, approving Tract Map
36725 and a related Subdivision Improvement Agreement, (Agreement No. A7028), with
Far West Industries, a California Corporation (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 $3,100,000.00 to guarantee construction of certain public improvements
required for and associated with Tract Map 36725, (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 and completed in accordance with the Subdivision
Improvement Agreement, and the associated plans and specifications, and
Resolution No. 24975
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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 Far West
Industries, a California Corporation, 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 36725.
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 36725.
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; $3,100,000.00 (reduced to = $100,000.00)
• Labor and Material Bond; $1,550,000.00 (reduced to = $50,000.00)
• Monumentation Bond; $3,000.00
Maintenance and Warranty Bond; $465,000.00
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. 24975
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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.
JUSTIN IgLIFTON, dtFY MANAGER
ATTEST: _
ANTHONY J. I
EJIA, 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. 24975 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 day of ���� - t z
Ahthony J. M jia, MMG,-WClerk
City of Palm Springs,` California
Resolution No. 24975
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Acceptance of the Works of Improvement Certificate follows this page.
Resolution No. 24975
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 36725
Subdivision Improvement Agreement (A7028)
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 36725 to be constructed by or on behalf of Far West Industries, a California
Corporation, and/or its successors and assigns, (collectively, hereafter the
"Developer"), pursuant to that certain Subdivision Improvement Agreement
(A7028) by and between the City and Developer recorded on October 3, 2017, as
Document No. 2017-0409752, 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 36725, identified as that
certain real property more particularly described in Exhibit "A" attached hereto.
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Resolution No. 24975
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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