Loading...
HomeMy WebLinkAbout25235' RESOLUTION NO.25235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 33575 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH TOLL WEST INC., A DELAWARE CORPORATION, (A6730), FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND MESQUITE AVENUE, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST. WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of October 12, 2005 recommended approval of Tentative Tract Map 33575, subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its meeting of July 12, 2006, approved Tentative Tract Map 33575 subject to conditions; and WHEREAS, the City, at its meeting of July 15, 2015, adopted Resolution No. 23862, approving Tract Map 33575 and a related Subdivision Improvement Agreement, (Agreement No. 6730), with RREF II -DC Cameron, LLC, a California limited liability company, (hereinafter the "Former 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 Former Developer was required to submit subdivision improvement securities in the amount of $9,009,500 to guarantee construction of certain public improvements required for and associated with Tract Map 33575, (the "Works of Improvement"); and WHEREAS, the Former Developer filed with the City Clerk a performance bond in the amount of $6,000,000, labor and materials (payment) bond in the amount totaling $3,000,000, and a monumentation bond in the amount of $9,500 in accordance with the Subdivision Improvement Agreement; and WHEREAS, the City, at its meeting of April 4, 2018, approved the first amendment to the Subdivision Improvement Agreement, extending the term of completion by one year to April 19, 2019 with the condition of certain improvements ("Works of Improvement") to be completed by September 1, 2018; and ' WHEREAS, the City, at its meeting of March 20, 2019, approved the second amendment to the Subdivision Improvement Agreement, extending the term of completion by one year to April 19, 2020 with the condition that the Former Developer close escrow and convey Tract Map 33575 to Toll West Inc., a Delaware corporation Resolution No. 25235 Page 2 (Developer), on or before April 5, 2019; and ' WHEREAS, the Former Developer had completed portions of the Works of Improvement, and the Developer had requested that the City Council authorize a reduction in the subdivision improvement securities and to allow the Developer to post new subdivision improvement securities to reflect its progress with completing a portion of the Works of Improvement; and WHEREAS, the City, at its meeting of June 19, 2019, adopted Resolution No. 24628, approving the third amendment to the Subdivision Improvement Agreement, reducing the subdivision improvement security amounts required for the agreement; and WHEREAS, in accordance with the Subdivision Improvement Agreement the Developer has filed with the City Clerk a performance (payment) bond in the amount of $3,500,000.00, a labor and materials (payment) bond in the amount of $3,500,000.00, and a Monumentation (payment) bond in the amount of $15,000.00, and a Maintenance and Warranty (payment) bond in the amount of $800,000.00 has been received by the Engineering Services Department; 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 I ' 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 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. That the foregoing Recitals are true and correct and are incorporated herein by this reference. 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 Resolution No. 25235 Page 3 ' 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 Toll West Inc., a Delaware 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 33575. 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 33575. 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. 30077098; $3,500,000.00 • Labor and Materials Bond No. 30077098; $3,500,000.00 ' • Monumentation Bond No. 3007799; $15,000.00 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 Engineer'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 sole intention of this Resolution is to carry out Sections 1.14 and 4.5 of Agreement No. 6730 approved on April 19, 2016. Neither the City nor the City Council admits or acknowledges, by adoption of this Resolution or otherwise, that Agreement No. 6730 and/or the final map approved on July 15, 2015, is/are not void ab initio by operation of law under Government Code sections 1090. Accordingly, the City reserves all rights and remedies to which it is entitled with respect to Agreement No. 6730 and/or the final map approval, under State and Federal law, in advance of this Resolution's adoption. SECTION 8. 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. Resolution No. 25235 Page 4 ADOPTED THIS 25 DAY OF JULY 2024 ' Scott C. Stiles, City Manager ATTEST: Brenda Pree, City Clerk CERTIFICATION STATE OF CALIFORNIA ) , COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25235 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 July 25, 2024, by the following vote: AYES: Councilmembers Garner, Milddleton, Holstege; Mayor Pro Tern deHarte, and Mayor Bernstein NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and ffixed the official seal of the City of Palm Springs, California, this ro+ day of xDIUS% 2024. A]A�� Brenda Pree, MMC, CERA, City Clerk City of Palm Springs, California bn �- RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262' 2024-0247748 08/19/2024 01:49 PM Fee: $ 0.00 Page t of 4 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk=Recorder 4117 Exempt from recording fees under Government Code §6103 Acceptance of the Works of Improvement Certificate Tract Map 33575 Subdivision Improvement Agreement (A6730) The. undersigned, City of Palm Springs, a California charter city and municipal corporation, (hereafter the "City"), hereby confirms that on July 25, 2024, the City Council of the City accepted the Works of Improvement associated with Tract Map 33575 to be -.._ constructed by or on behalf of Toll West Inc., a Delaware corporation, and/or its successors and assigns, (collectively, hereafter the "Developer'), pursuant to that certain Subdivision Improvement Agreement (A6730) by and between the City and the former developer, RREF II -DC Cameron, LLC, a California limited liability company, recorded on April 26, 2016, as Document No. 2016-0164393, records of Riverside County Recorder, (hereafter the "Agreement'), assigned to and assumed by the Developer as part of the third amendment to the Agreement per document recorded on September 25, 2019, as Document No. 2019-0380100, records of Riverside County Recorder. The City hereby releases the Developer from its performance obligations to construct the Works of Improvement asset 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 33575, identified as that certain real property more particularly described in Exhibit "A" attached hereto. [SIGNATURES ON NEXT PAGE] City of Palm Springs, a California charter IDated: 5 � �c o2v� r/ city and municipal corporation () � 7 z % Z- !?i APPROVED BY Clrr COUNCIL Scott C. Stiles, City Manager Attest: A 6730 Approved as to form: rends Pree, City Clerk Clity AfiorneyZv r-- I�Q�rFOR�� CITY OF PALM SPRINGS Off -ICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760)323-8203 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by ACCEPTANCE OF THE WORKS OF IMPROVEMENT CERTIFICATE TRACT MAP 33575 SUBDIVISION IMPROVEMENT AGREEMENT Real property in the City of Palm Springs. County of Riverside, State of California, as described: Land described in Exhibit "A" Tract Map 33575 Dated: August 5, 2023 From, TOLL WEST INC Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 151 day of August, 2024, pursuant to authority granted by the City Council of said City, by Resolution No. 25235 made on the 251h day of July, 2024, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 151h day of August, 2024. i54�-X: BRENT RASI, DEPUTY CITY CLERK EXHIBIT "A" ' Tract Map No. 33575filed in the office of the County Recorder, County of Riverside, State of California, on July 23, 2015, in Book 446 of Maps at Pages 17 through 20.