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HomeMy WebLinkAbout2/21/2018 - STAFF REPORTS - 1.P. >�t FALM si* iy � a V N °441F°R"�P City Council Staff Report Date: February 21, 2018 CONSENT CALENDAR Subject: AUTHORIZATION TO REDUCE SUBDIVISION IMPROVEMENT SECURITIES FOR THE "MIRALON" DEVELOPMENT, TRACT NO. 31848-1 From: David H. Ready, City Manager Initiated by: Engineering Services Department SUMMARY On December 6, 2006, the City Council approved Tract Map 31848-1 and a Subdivision Improvement Agreement with SunCal PSV, LLC, a Delaware limited liability company, securing completion of certain required public improvements associated with Tract Map 31848-1, now known as the "Miralon" project. On February 3, 2016, the City Council approved a Second Amendment and Assignment/Assumption of the Subdivision Improvement Agreement with Avalon 1150, LLC, a Delaware limited liability company (the "Developer") to complete the Miralon project. The Developer has completed a significant portion of the required public improvements associated with Tract Map 31848-1, and has requested a reduction of the subdivision securities. This action will allow for reductions of subdivision improvement securities associated with Tract Map 31848-1 consistent with the portion of the public improvements completed to date. PRINCIPALS: A search of records available through the Secretary of State of California shows that Avalon 1150, LLC, a Delaware limited liability company was registered on January 15, 2016, having been formed on January 13, 2016, in the State of Delaware. A statement of information filed on December 27, 2017, identifies FCA-SW CA, LLC, a Delaware limited liability company as its Manager or Member. A search of records available through the Secretary of State of California shows that FCA-SW CA, LLC, a Delaware limited liability company was registered on February 20, 2015, having been formed on February 19, 2015, in the State of Delaware. A statement of information filed on December 27, 2017, identifies FCA CA PSV, LLC, a Delaware limited liability company as its Manager or Member. ITEM NO. 1 __ City Council Staff Report February 21, 2018 - Page 2 Reduction of Tract Map 31848-1 Securities The Developer has requested that its shareholder information remain private and confidential, and the City Attorney has provided this information separately to the City Council for its use in confirming no conflict of interest in this action. RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A REDUCTION OF SECURITIES GUARANTEEING COMPLETION OF CERTAIN WORKS OF IMPROVEMENT ASSOCIATED WITH TRACT MAP 31848-1 REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH AVALON 1150, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (A5393), FOR PROPERTY LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF WHITEWATER RIVER AND WEST OF SUNRISE WAY, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST." STAFF ANALYSIS: At its meeting of April 7, 2004, the Planning Commission recommended approval of Tentative Tract Map 31848, which was subsequently approved by the City Council, subject to conditions, on May 5, 2004. Tentative Tract Map 31848 is located along the north side of San Rafael Drive, east of North Indian Canyon Drive, south of Whitewater River and west of Sunrise Way, as shown in Figure 1; a vicinity map is included as Attachment 1. •f .� .1 r f t I r �F r y _ e j 3 W 3Y �q 0 •.�..I 0 1 , - +�,t"( _°�.a.i..iiF:_"""'_".�iLRY ..3J/'.. •.� t���'�,L _. •. . a -- ...,.. Figure 1 u ? City Council Staff Report February 21, 2018 - Page 3 Reduction of Tract Map 31848-1 Securities On December 6, 2006, the City Council adopted Resolution No. 21778, approving Tract Map 31848-1 and an associated Subdivision Improvement Agreement, (Agreement No. 5393), (the "SIA"), with the Developer. Tract Map 31848-1 involved a subdivision of 397 Single Family residential lots, 1 Multi-family residential lot, 22 open space lots, and recreational areas as shown by the map included as Attachment 2. Associated with Tract Map 31848-1 was a requirement to construct certain public and private improvements, identified as the "Works of Improvement," including: • On-site private street and storm drainage improvements • On-site public sewer and domestic water system improvements • Off-site public street improvements • Off-site landscaping improvements At the time Tract Map 31848-1 was approved by the City Council, construction of the Works of Improvement associated with Tract Map 31848-1 had not been completed which were estimated to cost $17,385,000. 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: Security Bond Original Bond Reduction Reduced Bond AC Pavement Faithful Performance S 4.070.000 S 3.052.500 S 1,017,500 AC Labor and Material S 2.035,000 S 1.526.250 S 508,750 AC Maintenance and Warranty S 610.500 S - $ 610.500 Curb. Gutter and Flatwork Faithful Performance S 3.525.150 S 2,643.863 S 881.288 Curb. Gutter and Flatv.ork Labor and Material S 1.762.575 S 1,321.931 S 440,644 Curb. Gutter and Flat:.,ork Maintenance and Warranty S 528,773 S - S 528.773 DWA—Domestic Water Faithful Performance S 3.270.904 $ - S 3.270.904 DWA—Domestic Water Labor and Material S 1.635,462 S - S 1.635.462 DWA—Domestic Water Maintenance and Warranty S 490.636 S - S 490,636 Sanitary Sever System Faithful Performance S 3.112.700 S 2,334,525 S 778.175 Sanitary Serer System Labor and Material S 1,556.350 S 1.16T263 S 389,088 Sanitary Se: er System Maintenance and Warranty S 466,905 S - S 466.905 Aggregate Base Faithful Performance S 1.785.350 S 1,339.013 S 446.338 Aggregate Base Labor and Material S 892.675 S 669.506 S 223.169 Aggregate Base Maintenance and Warranty S 267.803 S $ 267.803 Off-site Landscaping and Traffic Faithful Performance S 1.132.400 S 849.300 $ 283.100 Off-site Landscaping and Traffic Labor and Material S 566.200 S 424 650 S 141,550 Off-site Landscaping and Traffic Maintenance and Warranty S 169.860 S - S 169,860 Storm Drain Faithful Performance S 488.500 S 293,100 5 195,400 Storm Drain Labor and Material S 244,250 $ 146,550 $ 97.700 Storm Drain Maintenance and Warranty S 73.275 S $ 73.275 Obligation Security Faithful Performance S 698.544 S $ 698,544 Setting of Monuments Faithful Performance S 60.000 S S 60.000 Total Bonds $ 29,443,811 $ 15,768,450 $ 13,675.361 City Council Staff Report February 21, 2018- Page 4 Reduction of Tract Map 31848-1 Securities The Developer has completed construction of a significant portion of the Works of Improvement, and has requested that the City Council reduce the Security Instruments accordingly. 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 authorize a reduction of the Security Instruments to reflect the portion of the Works of Improvement that have been completed to date. ENVIRONMENTAL IMPACT: The "Avalon" or "Palm Springs Village" project, identified by Case No. 5.0982, Planned Development District (PD) 290, and Tentative Tract Map 31848-1, 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 May 5, 2004, the City Council adopted Resolution No. 20920 ordering the filing of the MND. Approval of the Second Amendment to and Assignment and Assumption of the SIA for the Palm Springs Village project will facilitate completion of the Project, and is therefore consistent with the MND previously approved by the City Council, and no further action with regard to CEQA is required with this requested action. FISCAL IMPACT: This action will allow a reduction in the amount of the Security Instruments filed with the City Clerk to guarantee completion of the Works of Improvement associated with Tract Map 31848-1. The Developer remains obligated to complete the remaining Works of Improvement, and no financial liability will be imposed upon the City. SUBMITTED - L Thomas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S City Engineer Assistant City Manager David H. Ready, Es City Manager Attachment: 1. Vicinity Map 2. Tract Map 31848-1 3. Resolution 04 Attachment 1 5 �. Of ALMSPf 0 Department of Public Works and Engineering N_ E Vicinity Map Cg4sOid�P ti V C O v r6wy 5U-M1; 'Pk%? vo h amv<ew R, � LW SumM.v7 y' O .vat � ' 6 d panadnyme W Aven,da Rosa PaL Rd— Blvd 3 Vn'a Agave - 0 W Oas,s RA s.e' d `s Site Rafael Rd c w}.r yan Rafael Rd SQL, v Ct Sunflo,ver C,rc'e Radius V V WCMt Ct - - .illy 51 Solace Cl S'nflover Grtle N y CITY OF PALM SPRINGS TM 31848 06 Attachment 2 07 P004-tw3v I e(rouJlrr 61 27 26 ("°Y•i srw'M°EOEI R2 SHEET 3 OF 25 SHEETS aa!Y_ 3 'd6 awwwSeTe[Ex,e wrjQ IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA s � �. TRACT MAP NO. 31848- 1 n:.1•'I Q cn EAEJavrtre EwYE @.} Y9NITE 7m RI BEING A SUBDIVISION OF A PORTION OF SECTION 35. „I a w»•w•E xn.m Q TOWNSHIP 3 SOUTH, RANGE I EAST, S.B.Y. uL 1 X w»'x'F r' " MA CONSULTING, INC. s' ELYErE PAwcwAY LOT r _ S - FHHRUARY - 2006 r 71 rr L•T 511arN •a7• -1 'r a +.e,. 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IN 1 • r x iiOi E I'I Lune M J2ss Jaw J'O (y)•IDICATE9 SHEET 1LLb1PEA r I I LW x 7ex w N n 13Lu x IJ J2 C HN.m 'yl • 1 �,_• ) I I Lr x mu 1b. i i 0' SW eoo' w10 i20o' 1 _2 limz.m'1R.�pEp7'F'!�1 N eT••.J -i1iA"!d'9 1>hESL OAM R AFAEL DFIM - - fe _- r�AT- _ -'V' 36' 8 _ __ --Ii GR•T'i faO.ef' _ - - __ - AST al.Rs x wr•a•N 2ax.7Y -___. TFL EEEs a www•Y xw.e»RI TR.25IE4 TP.14M J TP NElA a w•"' r mft. « --1 t K&A1/w ri 11E/.I►AO Ya.ME/4E^50 C�J _ Op Attachment 3 09 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A REDUCTION OF SECURITIES GUARANTEEING COMPLETION OF CERTAIN WORKS OF IMPROVEMENT ASSOCIATED WITH TRACT MAP 31848-1 REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH AVALON 1150, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (A5393), FOR PROPERTY LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF WHITEWATER RIVER AND WEST OF SUNRISE WAY, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST. WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of April 7, 2004, recommended approval of Tentative Tract Map 31848-1, subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City'), at its meeting of May 5, 2004, approved Tentative Tract Map 31848-1 subject to conditions; WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its meeting of December 6, 2006, adopted Resolution No. 21778, approving Tract Map 31848-1 and a related Subdivision Improvement Agreement, (Agreement No. 5393), with SunCal PSV, LLC, a Delaware limited liability company, ("SunCal"), in accordance with Section 66462 of the California Government Code; and WHEREAS, on February 3, 2016, the City Council approved a Second Amendment to and Assignment and Assumption of Subdivision Improvement Agreement, (Agreement No. 5393), assigning all rights and obligations from SunCal to Avalon 1150, LLC, a Delaware Limited Liability Company, (hereinafter the "Developer"); 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 $17,385,000 to guarantee construction of certain public improvements required for and associated with Tract Map 31848-1, (the "Works of Improvement'); and WHEREAS, the Developer has filed with the City Clerk certain Security Instruments in the form of performance bonds in the aggregate amount of $17,385,000, labor and materials (payment) bonds in the aggregate amount of $8,692,512, maintenance and warranty bonds in the aggregate amount of $2,607,750, and a monumentation bond in the amount of $60,000 in accordance with the Subdivision Improvement Agreement; and 10 Resolution No. Page 2 WHEREAS, the Developer has completed significant portions of the required Works of Improvement, and has requested a reduction in the amount of the Security Instruments filed with the City Clerk; and WHEREAS, the City Engineer has examined the portions of the Works of Improvement completed to date, and has found them to be constructed in accordance with the Subdivision Improvement Agreement, and the associated plans and specifications; and WHEREAS, the City Engineer recommends that the City Council authorize the City Clerk to accept Security Instruments in reduced amounts sufficient to guarantee construction of the remaining portions of the Works of Improvement required by the 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 significant portions of the Works of Improvement have been constructed in accordance with the provisions of the Subdivision Improvement Agreement for Tract Map 31848-1, and the approved plans and specifications, and the City Council hereby agrees to authorize a reduction in the amount of the Security Instruments required by the Subdivision Improvement Agreement. Section 3. The City Council's authorization to reduce the amount of the Security Instruments required by the Subdivision Improvement Agreement for Tract Map 31848-1 shall not in any way supersede or relieve the Developer, or its successors and assigns, of its obligation to complete the Works of Improvement and obtain final acceptance from the City Council, or relieve the Developer of any other obligations required by the Subdivision Improvement Agreement, or the conditions of approval associated with Tentative Tract Map 31848. Section 4. The City Clerk is hereby authorized to accept replacement Security Instruments to guarantee completion of the Works of Improvement associated with Tract Map 31848-1 required by the Subdivision Improvement Agreement (A5393) in the reduced amounts identified on Attachment 1 of this Resolution. 11 Resolution No. Page 3 ADOPTED THIS 21st day of February, 2018. David H. Ready, City Manager ATTEST: Anthony J. Mejia, MMC, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, Anthony J. Mejia, MMC, 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 J. Mejia, MMC, City Clerk City of Palm Springs, California 12 ATTACHMENT 1 Security Bond Original Bond %Complete Reduction Reduced Bond AC Pavement Faithful Performance $ 4,070,000 75% $ 3,052,500 $ 1,017,500 AC Labor and Material $ 2,035,000 75% $ 1,526,250 $ 508,750 AC Maintenance and Warranty $ 610,500 0% $ - $ 610,500 Curb, Gutter and Flatwork Faithful Performance $ 3,525,150 75% $ 2,643,863 $ 881,288 Curb, Gutter and Flatwork Labor and Material $ 1,762,575 75% $ 1,321,931 $ 440,644 Curb, Gutter and Flatwork Maintenance and Warranty $ 528,773 0% $ - $ 528,773 DWA-Domestic Water Faithful Performance $ 3,270,904 0% $ $ 3,270,904 DWA-Domestic Water Labor and Material $ 1,635,462 0% $ $ 1,635,462 DWA-Domestic Water Maintenance and Warranty $ 490,636 0% $ $ 490,636 Sanitary Sewer System Faithful Performance $ 3,112,700 75% $ 2,334,525 $ 778,175 Sanitary Sewer System Labor and Material $ 1,556,350 75% $ 1,167,263 $ 389,088 Sanitary Sewer System Maintenance and Warranty $ 466,905 0% $ - $ 466,905 Aggregate Base Faithful Performance $ 1,785,350 75% $ 1,339,013 $ 446,338 Aggregate Base Labor and Material $ 892,675 75% $ 669,506 $ 223,169 Aggregate Base Maintenance and Warranty $ 267,803 0% $ - $ 267,803 Off-site Landscaping and Traffic Faithful Performance $ 1,132,400 75% $ 849,300 $ 283,100 Off-site Landscaping and Traffic Labor and Material $ 566,200 75% $ 424,650 $ 141,550 Off-site Landscaping and Traffic Maintenance and Warranty $ 169,860 0% $ - $ 169,860 Storm Drain Faithful Performance $ 488,500 60% $ 293,100 $ 195,400 Storm Drain Labor and Material $ 244,250 60% $ 146,550 $ 97,700 Storm Drain Maintenance and Warranty $ 73,275 0% $ - $ 73,275 Obligation Security Faithful Performance $ 698,544 0% $ $ 698,544 Setting of Monuments Faithful Performance $ 60,000 0% $ $ 60,000 Total Bonds $ 29,443,811 $15,768,450 $ 13,675,361 13