HomeMy WebLinkAbout2/21/2018 - STAFF REPORTS - 1.R. `M spy
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Cq�/FORN�P City Council Staff Report
DATE: February 21, 2018 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION
TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE
"SOL PS" DEVELOPMENT, TRACT MAP 36525
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
On September 6, 2013, the City Council approved Tract Map 36525 and a subdivision
improvement agreement with Sol PS, LLC, a California limited liability company,
(Developer), securing the Developer's completion of certain required public and private
improvements associated with Tract Map 36525. The Developer has completed the
required public improvements, and the City Council may accept these improvements as
completed and complying with the City's approved plans, authorize release of
subdivision improvement securities.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE
SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 36525 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION
IMPROVEMENT AGREEMENT WITH SOL PS, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, (A6435), FOR PROPERTY LOCATED AT THE NORTHEAST
CORNER OF AVENIDA CABALLEROS AND AMADO ROAD, IN SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 4 EAST".
BUSINESS PRINCIPAL DISCLOSURE:
A search of records available through the Secretary of State of California shows that
Articles of Organization for Sol PS, LLC, a California limited liability company, were filed
on June 14, 2012, as a single manager LLC. The most recent Statement of Information
filed on June 2, 2016, identifies Castlelake II GP, LP, as its Manager or Member.
ITEM NO. 1" �'
City Council Staff Report
February 21, 2018 - Page 2
Acceptance of Tract Map 36525
Sol PS Public Improvements
STAFF ANALYSIS:
At its meeting on May 22, 2013, the Planning Commission recommended approval of
Tentative Tract Map 36525, which was subsequently approved by the City Council,
subject to conditions, on June 19, 2013. Tentative Tract Map 36525 is located at the
northeast corner of Avenida Caballeros and Amado Road as shown in Figure 1 —
Vicinity Map.
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Figure 1 — Vicinity Map
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City Council Staff Report
February 21, 2018- Page 3
Acceptance of Tract Map 36525
Sol PS Public Improvements
On September 6, 2013, the City Council adopted Resolution No. 23455, approving Tract
Map 36525 and an associated Subdivision Improvement Agreement, (SIA), with the
Developer. Tract Map 36525 created a subdivision of 46 residential lots and
infrastructure located at the northeast corner of Avenida Caballeros and Amado Road.
Associated with Tract Map 36525 was a requirement to construct certain public and
private improvements, including:
• On-site private street and storm drainage improvements
• On-site private sewer and domestic water system improvements
• Off-site public street improvements
At the time Tract Map 36525 was approved by the City Council, construction of required
public and private improvements associated with Tract Map 36525 (the "Works of
Improvement") had not been completed. An engineer's estimate of the cost of the
Works of Improvement to be completed was $1,952,300.
In accordance with Section 66462 of the California Government Code, the Developer
requested that the City enter into the SIA securing the cost of the Works of
Improvement not yet completed to the City's satisfaction. Accordingly, pursuant to the
terms of the SIA, the Developer filed the following Security Instruments with the City
Clerk to guarantee construction of the Works of Improvement:
• Faithful Performance Bond No. 0611220; $1,952,300
• Labor and Materials Bond No. 0611220; $976,150
• Monumentation Bond No. 0611217; $16,100
• Maintenance and Warranty Bond No. 0611220-M, $292,845
The Developer has completed construction of the Works of Improvement, and has
requested that the City Council accept the improvements and release the Security
Instruments in accordance with the terms of the SIA. On behalf of the City Engineer, the
City's Public Works Inspectors have inspected the Works of Improvement and found
them to be in accordance with the City's approved plans and specifications, and
recommends the City Council accept the improvements and release the Security
Instruments in accordance with the SIA.
ENVIRONMENTAL IMPACT:
The "Sol PS" project, identified by Case No. 5.1296, Planned Development District (PD)
363, and Tentative Tract Map 36525, was considered a "Project" pursuant to the
California Environmental Quality Act ("CEQA") Guidelines. The City, acting as Lead
Agency pursuant to CEQA, prepared an Initial Study and Mitigated Negative Declaration
("MND") for the Project. On June 19, 2013, the City Council adopted Resolution No.
23376 ordering the filing of the MND. No further action with regard to CEQA is required
with this requested action.
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City Council Staff Report
February 21, 2018- Page 4
Acceptance of Tract Map 36525
Sol PS Public Improvements
FISCAL IMPACT:
The Works of Improvement include both publicly maintained and privately maintained
improvements. The public improvements to be accepted and subsequently maintained
by the City include the off-site street improvements constructed along Avenida
Caballeros and Amado Road. Sufficient funds are budgeted as part of the City's annual
fiscal year budget in the Gas Tax, Measure A, and Wastewater Enterprise Funds to
accommodate maintenance of public street improvements.
Private improvements will be maintained by the Homeowners Association pursuant to
the Covenants, Conditions and Restrictions (CC&Rs) recorded against the properties
within Tract Map 36525.
SUBMITTED
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Thomas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S.
City Engineer Assistant City Manager
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David H. Ready,
City Manager
Attachment:
1. Resolution
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Attachment 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 36525 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
SOL PS, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY, (A6435), FOR PROPERTY LOCATED AT THE
NORTHEAST CORNER OF AVENIDA CABALLEROS AND
AMADO ROAD, IN SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of May
22, 2013, recommended approval of Tentative Tract Map 36525, subject to conditions;
and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its
meeting of June 19, 2013, approved Tentative Tract Map 36525 subject to conditions;
and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City'), at its
meeting of September 6, 2013, adopted Resolution No. 23455, approving Tract Map
36525 and a related Subdivision Improvement Agreement, (Agreement No. 6435), with
Sol 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 $1,952,300 to guarantee construction of certain public improvements required for and
associated with Tract Map 36525, (the "Works of Improvement'); and
WHEREAS, the Developer has filed with the City Clerk a performance bond in the
amount of $1,952,300, a labor and materials (payment) bond in the amount of
$976,150, and a Monumentation (payment) bond in the amount of $16,100, and a
Maintenance and Warranty (payment) Bond in the amount of $292,845 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 improvement
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Resolution No.
Page 2
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 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 Sol 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 36525.
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 36525.
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 �o guarantee
construction of the Works of Improvement:
• Faithful Performance Bond No. 0611220; $1,952,300
• Labor and Materials Bond No. 0611220; $976,150
• Monumentation Bond No. 0611217; $16,100
• Maintenance and Warranty Bond No. 0611220-M, $292,845
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Resolution No.
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, including the Maintenance and Warranty Bond which has been
held as security for a period of one year following the City Engineer's
acceptance of the Works of Improvement in 2015, and there being no
claims regarding defective work associated with the Works of
Improvement having been filed with the City Engineer.
Section 7. 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 February 215t day of February 2018.
David H. Ready, City Manager
ATTEST:
Anthony Mejia, City Clerk
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. 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 February 21, 2018, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anthony Mejia, City Clerk
City of Palm Springs, California
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Acceptance of the Works of Improvement Certificate follows this page.
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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 36525
Subdivision Improvement Agreement (A6435)
The undersigned, City of Palm Springs, a California charter city and municipal
corporation, (hereafter the "City"), hereby confirms that on February 21, 2018, the City
Council of the City accepted the Works of Improvement associated with Tract Map
36525 to be constructed by or on behalf of Sol PS LLC, a California limited liability
company, and/or its successors and assigns, (collectively, hereafter the "Developer"),
pursuant to that certain Subdivision Improvement Agreement (A6435) by and between
the City and Developer recorded on January 15, 2014, as Document No. 2014-
0016727, 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 36525, identified as that certain real property more particularly described
in Exhibit "A" attached hereto.
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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, City Clerk Edward Z. Kotkin, City Attorney
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EXHIBIT "A"
Tract Map No. 36525 filed in the office of the County Recorder, County of Riverside,
State of California, on December 26, 2013, in Book 439 of Maps at Pages 51 through
56.
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