HomeMy WebLinkAbout24163 RESOLUTION NO. 24163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 36723 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
ALTA VERDE HOMES, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, FOR PROPERTY LOCATED AT
1000 BOGERT TRAIL, IN SECTION 35, TOWNSHIP 4
SOUTH, RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting
of November 12, 2014, recommended approval of Tentative Tract Map 36723, subject
to conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"),
at its meeting of December 17, 2014, approved Tentative Tract Map 36723 subject to
conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"),
at its meeting of June 17, 2015, adopted Resolution No. 23845, approving Tract Map
36723 and a related Subdivision Improvement Agreement, (Agreement No. 6719), with
Alta Verde Homes 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 $1,413,000 to guarantee construction of certain public improvements
required for and associated with Tract Map 36723, (the "Works of Improvement'); and
WHEREAS, the Developer has filed with the City Clerk a performance bond in
the amount of $1,413,000 and a labor and materials (payment) bond in the amount of
$706,500 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 to 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. 24163
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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 Alta Verde
Homes 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 36723.
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 36723.
SECTION 4. 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. 12114665; $1,413,000
Labor and Materials Bond No. 12114665; $706,500
Monument Bond No. 12114667; $7,000
SECTION 5. In accordance with Section 4.5(b) of the Subdivision Improvement
Agreement, the City Clerk is hereby authorized to release the Bond for Maintenance
and Warranty of Improvements, Bond No. 12114665, in the amount of $211,950 upon
expiration of the warranty period following one year of the City Council's acceptance of
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the Works of Improvement, and upon receipt of the City Engineer's verification that no
claims regarding defective work associated with the Works of Improvement have been
received.
SECTION 6. 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 1ST DAY OF FEBRUARY, 2017.
David H. Ready, Esq., .
City Manager
ATTEST:
Kathleen D. Hart, MMC
Interim City Clerk
Resolution No. 24163
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby
certify that Resolution No. 24163 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 1, 2017,
by the following vote:
AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills
ABSTAIN: None
RECUSED: None �/ .�.
t�F-'rw
Kathleen D. Hart, MMC
Interim City Clerk