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HomeMy WebLinkAbout24342 RESOLUTION NO. 24342 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 17470 AND AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM CANYON RANCH, A GENERAL PARTNERSHIP, AND ITS SUCCESSORS IN INTEREST, FOR PROPERTY LOCATED AT THE EASTERLY TERMINUS OF AVENIDA SEVILLA, IN SECTION 36, TOWNSHIP 4 SOUTH, RANGE 4 EAST WHEREAS, the Development Committee of the City of Palm Springs, at its meeting of February 19, 1981, recommended approval of Tentative Tract Map 17470, subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, at its meeting of January 20, 1982, approved Tentative Tract Map 17470 subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its meeting of January 16, 1985, approved Tract Map 17470 and a related Subdivision Improvement Agreement, (Agreement No. 2185), with Jerry B. Epstein, Attorney-in-Fact for the property owners, and accepted subdivision improvement securities related thereto as security to ensure performance of certain obligations to complete public and private improvements associated with Tract Map 17470, (the 'Works of Improvement"); and WHEREAS, the City, at its meeting of December 1, 1999, approved a replacement Subdivision Improvement Agreement with Palm Canyon Ranch, a General Partnership, (the "Original Developer'), and substituted subdivision improvement securities originally filed in accordance with Agreement No. 2185 with a Deed of Trust with Assignment of Rents recorded on January 3, 2000, as Document No. 2000- 000971, recorded against Lots 8, 11 and 12 of Tract Map 17470, to guarantee completion of the Works of Improvement, (the "Deed of Trust"); and WHEREAS, in April 2010, Skyline Development Company, LLC, a California limited liability company, (the "Successor Developer'), acquired Lots 1 through 3, and Lots 7 through 12, of Tract Map 17470, and assumed the rights and obligations of the Original Developer, including the obligation to complete the Works of Improvement; and WHEREAS, the Successor Developer has completed construction of the Works of Improvement, and has requested that the City to accept the Works of Improvement in accordance with Section 5 of the Subdivision Improvement Agreement; and Resolution No. 24342 Page 2 WHEREAS, in accordance with Section 2 of the Subdivision Improvement Agreement, the Developer has requested that the City release the Deed of Trust; 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 Manager to execute a Request for Full Reconveyance with Original Document Indemnity associated with the Deed of Trust. 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 associated with Tract Map 17470 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 Skyline Development Company, 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 17470. 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 street associated with Tract Map 17470. SECTION 4. In accordance with Section 2 of the Subdivision Improvement Agreement, the City Manager is hereby authorized to execute a Request for Full Reconveyance with Original Document Indemnity associated with a Deed of Trust with Assignment of Rents recorded January 3, 2000, as Document No. 2000-000971, records of Riverside County, California, (the "Reconveyance Document"), and the City Clerk shall file the Reconveyance Document with the Riverside County Recorder. SECTION 5. 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. 24342 Page 3 ADOPTED THIS 13T" DAY OF DECEMBER, 2017. David H. Ready, Esq. City Manager ATTEST: 1 thony C City Cler 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. 24342 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 December 13, 2017, by the following vote: AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, 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 .2 day of tho C City Cler Acceptance of the Works of Improvement Certificate follows this page. 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 17470 Subdivision Improvement Agreement (A2185) The undersigned, City of Palm Springs, a California charter city and municipal corporation, (hereafter the "City"), hereby confirms that on December 13, 2017, the City Council of the City accepted the Works of Improvement associated with Tract Map 17470 to be constructed by or on behalf of Skyline Development Company, LLC, a California limited liability company, (hereafter the "Developer'), as successor in interest to that certain Subdivision Improvement Agreement (A2185) by and between the City and Palm Canyon Ranch, a General Partnership, approved by the City Council on December 1, 1999, (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 17470, 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 city and municipal corporation Dated: David H. Ready, City Manager Attest: Approved as to form: Anthony J. Mejia, MMC Edward Z. Kotkin, City Attorney City Clerk EXHIBIT "A" Tract Map No. 17470 filed in the office of the County Recorder, County of Riverside, State of California, on February 20th, 1985, in Book 148 of Maps at Pages 14 through 15.