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HomeMy WebLinkAbout25278RESOLUTION NO. 25278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ASSIGNMENT AND ASSUMPTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT (24N193) AND SECURITIES FOR TRACT MAP 38049 BY SISTER CITY INVESTMENTS, INC., A CALIFORNIA CORPORATION, FROM AG LAND INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 2700 E ALEJO ROAD, IN SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST. WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of February 23, 2022, recommended conditional approval of Tentative Tract Map 38049, subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its meeting of March 24, 2022, approved Tentative Tract Map 38049 subject to the conditions set forth by the Planning Commission; and WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of March 27, 2024, recommended approval of the extension of time application received; and WHEREAS, the City, at its meeting of April 25, 2024, approved the extension of time application; and WHEREAS, the City, at its meeting of July 25, 2024, adopted Resolution No. 25237, approving Tract Map 38049 and a related Subdivision Improvement Agreement, (Agreement No. 24N193), with AG Land Investments 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 $477,500 to guarantee construction of certain public improvements required for and associated with Tract Map 38049, (the "Works of Improvement"); and WHEREAS, the Former Developer filed with the City Clerk a performance bond in the amount of $315,000, labor and materials (payment) bond in the amount of totaling $158,000, and a monumentation bond in the amount of $4,500 in accordance with the Subdivision Improvement Agreement; and WHEREAS, Sister City Investments, Inc., a California corporation ("Owner") acquired the associated property from the Former Developer; and Resolution No. 25278 Page 2 WHEREAS, the required Works of Improvements have not yet been completed by the Former Developer or Owner, the Owner has requested that the City enter into a new Subdivision Improvement Agreement with the Owner to secure the cost of public improvements in accordance with Section 66462 of the California Government Code; and WHEREAS, in accordance with Section 4.1 of the new Subdivision Improvement Agreement, the Owner has submitted replacement subdivision improvement securities in the same amount of $477,500 to guarantee construction of the Works of Improvement; and WHEREAS, the City Engineer recommends that the City Council accept the assignment and assumption of the Subdivision Improvement Agreement and the related subdivision improvement securities by the Owner from the Former Developer, and recommends that the City Council accept the release of the Former Developer's associated Security Instruments. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves the assignment and assumption of the Subdivision Improvement Agreement for Tract Map 38049 by the Owner from the Former Developer and accepts the replacement subdivision improvement securities in conformance with the requirements therein for public improvements. SECTION 2. The City Manager is hereby authorized to execute the new Subdivision Improvement Agreement with the Owner. SECTION 3. The City Clerk shall cause to have recorded the new Subdivision Improvement Agreement with the Riverside County Recorder. SECTION 4. The City Clerk is hereby authorized to release the following Security Instruments previously filed by the Former Developer with the City Clerk to guarantee construction of the Works of Improvement: • Faithful Performance Bond No. 100416989; $315,000.00 • Labor and Materials Bond No. 100416989; $158,000.00 • Monumentation Bond No. 100416990; $49500.00 LIB Resolution No. 25278 Page 3 ADOPTED THIS 13TH DAY OF FEBRUARY 2025. Scott Stiles, City Manager ATTEST: z�zl I&I z- - Brenda Prde, MMC, CERA 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. 25278 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 this 131h day of February, by the following vote: AYES: Councilmembers Ready, Garner, Bernstein, Mayor Pro Tern Soto, and Mayor deHarte 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 26+ day of February, 2025. $rends free, City Clerk City of Palm Springs, California I I