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Home My WebLink About24544 RESOLUTION NO. 24544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 36548 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH DAKOTA PS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED ON THE WEST SIDE OF BELARDO ROAD SOUTH OF MORONGO ROAD, IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST. A6626 WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of January 22, 2014, recommended approval of Tentative Tract Map 36548, subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its meeting of February 19, 2014, approved Tentative Tract Map 36548 subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its meeting of November 2 2014, adopted Resolution No. 23700, approving Tract Map 36548 and a related Subdivision Improvement Agreement, (Agreement No. 6626), with Dakota PS, 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 $1,802,438.00 to guarantee construction of certain public improvements required for and associated with Tract Map 36548, (the "Works of Improvement'); and WHEREAS, the Developer has filed with the City Clerk a performance bond in the amount of $1,802,438.00, a labor and materials (payment) bond in the amount of $901,219.00, and a Monumentation (payment) bond in the amount of $5000.00, and a Maintenance and Warranty (payment) Bond in the amount of $351 ,886.00 in accordance with the Subdivision Improvement Agreement; 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 Resolution No. 24544 Page 2 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. NOW, THEREFORE, 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 Dakota PS, 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 Tentative Tract Map 36548. 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 36548. 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. 802963S; $1,802,438.00 • Labor and Materials Bond No. 802963S; $901,219.00 • Monumentation Bond No. 802964S; $5,000.00 Resolution No. 24544 Page 3 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 in 2018, 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. 6626 approved on November 5, 2014. Neither the City nor the City Council admits or acknowledges, by adoption of this Resolution or otherwise, that Agreement No. 6626 and/or the final map approved on November 5, 2014, 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. 6626 and/or the final map approval, under State and Federal law, in advance of this Resolution's adoption. SECTION B. 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 9T" DAY OF JANUARY 2019. David H. Ready, Esq., P . City Manager ATTEST: A,wc�:� thony J. ia, City Clerk Resolution No. 24544 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24544 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 9ch day of January, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon 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 (Q+-, day of Fe, e 2ca�1 thony J.f ejl City Clerk Acceptance of the Works of Improvement Certificate follows this page. Resolution No. 24544 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 36548 Subdivision Improvement Agreement (A6626) The undersigned, City of Palm Springs, a California charter city and municipal corporation, (hereafter the "City"), hereby confirms that on January 9, 2019, the City Council of the City accepted the Works of Improvement associated with Tract Map 36548 to be constructed by or on behalf of Dakota PS, LLC a California Limited Liability Company, and/or its successors and assigns, (collectively, hereafter the "Developer"), pursuant to that certain Subdivision Improvement Agreement (A6626) by and between the City and Developer recorded on March 3, 2015, as Document No. 2015-0082720, 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 36548, identified as that certain real property more particularly described in Exhibit "A" attached hereto. [SIGNATURES ON NEXT PAGE] Resolution No. 24544 Page 6 City of Palm Springs, a California charter city and municipal corporation Dated: David H. Ready, Esq., Ph.D. City Manager Attest: Approved as to form: Anthony J. Mejia, City Clerk Edward Z. Kotkin, City Attorney Resolution No. 24544 Page 7 EXHIBIT "A" Tract Map No. 36548 filed in the office of the County Recorder, County of Riverside, State of California, on December 2, 2014, in Book 443 of Maps at Pages 54 through 58.