HomeMy WebLinkAbout25281RESOLUTION NO. 25281
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 32736 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
TAHQUITZ 41, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, (A6729), FOR PROPERTY LOCATED AT 6500
34TH AVENUE (PROJECT IDENTIFIED AS LUMEN), IN
SECTION 20, TOWNSHIP 4 SOUTH, RANGE 5 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting
of August 23, 2006 recommended approval of Tentative Tract Map 32736, subject to
conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"),
at its meeting of October 4, 2006, approved Tentative Tract Map 32736 subject to
conditions; and
WHEREAS, the City, at its meeting of July 15, 2015, adopted Resolution No.
23863, approving Tract Map 32736 and a related Subdivision Improvement Agreement,
(Agreement No. 6729), with Tahquitz 41, 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 $3,303,000 to guarantee construction of certain public improvements
required for and associated with Tract Map 32736, (the "Works of Improvement"); and
WHEREAS, in accordance with the Subdivision Improvement Agreement the
Developer had filed with the City Clerk a performance (payment) bond in the amount of
$2,200,000.00, a labor and materials (payment) bond in the amount of $1,100,000.00,
and a Monumentation (payment) bond in the amount of $3,000.00, and a Maintenance
and Warranty (payment) bond in the amount of $330,000.00 had 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
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
Resolution No. 25281
Page 2
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
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 Tahquitz 41, 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 32736.
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 32736.
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. TIC01619; $2,200,000.00
• Labor and Materials Bond No. TIC01619; $1,100,000.00
• Monumentation Bond No. TIC01621; $3,000.00
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
Resolution No. 25281
Page 3
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. 6729 approved on July 15, 2015. Neither the City nor the City
Council admits or acknowledges, by adoption of this Resolution or otherwise, that
Agreement No. 6729 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. 6729
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.
ADOPTED THIS 27TH DAY OF FEBRUARY 2025.
ATTEST:
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Brenda Pree, MMC, CERA
City Clerk
L
Cott Stiles, City Manager
Resolution No. 25281
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
CERTIFICATION
ss.
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 25281 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 the 27th day of February 2025,
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 10 day of March 2025.
Brenda Pree, MC, CERA
City Clerk
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