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HomeMy WebLinkAboutCC Reso 2019-29 RESOLUTION NO. 2019-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CERTIFYING COMPLETION OF THE PUBLIC AND PRIVATE IMPROVEMENTS IN TRACT 36747, AND RELEASING SUBDIVISION SECURITIES WHEREAS, Tract 36747 ("Tract") is a residential subdivision of 47 single family lots, located east of Cree Road, between Jones Road and Carey Road, subdivided and developed by Jones Cree Ventures, LLC; and, WHEREAS, the City Council approved the Final Map for Tract 36747 on June 22, 2015, and entered into a "Subdivision Improvement Agreement" with Subdivider, which detailed the Subdivider's obligation to complete certain public and private improvements, and which secured the completion of those improvements with the following listed corporate surety bonds, in accordance with the State Subdivision Map Act: For faithful performance: $1,566,100.00 Bond #1001006734* Surety: American Contractors Indemnity Company For labor and materials: $783,050.00 Bond #1001006734 Surety: American Contractors Indemnity Company For monumentation: $6,800.00 Cash deposit *Later reduced to $206,700.00 WHEREAS, the Final Map was filed for record on July 10, 2015, in Book 446 of Maps at Pages 6 through 9, Records of Riverside County, California; and, WHEREAS, in accordance with the terms of the Subdivision Improvement Agreement, the Subdivider has posted a good and sufficient Warranty Bond, in the amount of $156,610.00, to guarantee the public and private improvements in said tract against defects in materials and workmanship; and, WHEREAS, the City Engineer has determined that Subdivider has completed all public and private improvements imposed as a condition of Final Map approval in accordance with the terms of the Subdivision Improvement Agreement. The City Engineer has further determined that all remaining bonds may now be released in accordance with the terms of the Subdivision Improvement Agreement, with the exception of the labor and materials bond and the warranty bond; and, WHEREAS, the public and private improvements constructed in Tract 36747 include the construction of Cree Road, Jones Road, and Carey Road, and interior private streets, and the construction of related curbs, gutters, paving, sewers, water lines, drainage and open space improvements; and WHEREAS, the City Engineer has received written confirmation from the engineer of record that the final monuments have been set and that the engineer was compensated for same. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE CITY OF CATHEDRAL CITY, AS FOLLOWS: Section 1. Certification of Private Improvements That pursuant to Section 6 of the Subdivision Improvement Agreement, the City of Cathedral City finds that the said public and private improvements to Tract 36747 have been constructed to an acceptable standard, and in accordance with City standards and specifications. Section 2. Notice of Completion That the City Engineer is hereby authorized to prepare and file a Notice of Completion in accordance with the California Civil Code upon adoption of this Resolution. Section 3. Disposition of Improvement Securities A. That the above described Warranty Bond, in the amount of $156,610.00, covering the approved work, as required by Section 2 (a)(iii) of the Subdivision Improvement Agreement shall be retained for a period of one year from the date of adoption of this Resolution in accordance with Section 11 of the Subdivision Improvement Agreement. The City Engineer is hereby authorized to release said Bond following the expiration of the one-year warranty period, so long as any necessary warranty repairs have been completed to the satisfaction of the City Engineer. B. That the improvement securities posted by the Subdivider in accordance with the Subdivision Improvement Agreement for Faithful Performance and the cash deposit posted for final Monuments are hereby ordered released. C. That the improvement security posted by the Subdivider in accordance with the Subdivision Improvement Agreement for Labor and Materials shall be held for a period of ninety (90) days from the date of recordation of the Notice of Completion in Section 2 in accordance with Section 7(b) of the Subdivision Improvement Agreement and Section 66499.7(h) of the Government Code (Subdivision Map Act). The City Engineer is hereby authorized to release said security following the expiration of the ninety (90) day period, so long as no claims have been filed against the security. Section 5. Effective Date That this Resolution shall take effect upon its adoption. Section 6. Certification That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall cause a certified copy of the Resolution to be recorded in Official Records by the Riverside County Recorder. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council for the City of Cathedral City held on this 28th day of August 2019 by the following vote: Ayes: Councilmembers Gutierrez and Gregory; Mayor Carnevale Noes: None Absent: Mayor Pro Tem Aguilar Abstain: None CA AO Mark C rnevale, Mayor City of Cathedral City, California ATTEST: ki--(401y)t_4 Aclet_ Tracey R: Martinez, CMC City Clerk APPROVk'S TO O (/ % City Attorney