HomeMy WebLinkAboutCC Reso 2019-42 RESOLUTION NO. 2019-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
CERTIFYING COMPLETION OF THE PRIVATE IMPROVEMENTS IN TRACT
34322-1, AND RELEASING SUBDIVISION SECURITIES
WHEREAS, Tract 34322-1 ("Tract") is a residential subdivision of 54 single family lots,
located within the Desert Princess area, west of West Natoma Drive and south of South Chimayo
Drive, subdivided and developed by Desert Princess Holdings, LLC and its successor, Desert
Princess Homes, LLC; and
WHEREAS, the City Council approved the Final Map for Tract 34322-1 on November 13,
2013, and entered into a "Subdivision Improvement Agreement" with Subdivider, which detailed
Subdivider's obligation to complete certain 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: $ 788,600.00 Bond #0638642
Surety: International Fidelity Insurance Company
For labor and materials: $ 394,300.00 Bond #0648427
Surety: International Fidelity Insurance Company
For Self-insured Retention: $ 25,000.00 Bond #0038647
Surety: International Fidelity Insurance Company
For monumentation: $ 14,800.00
Cash deposit
For PM-10 Dust control: $ 17,340.00
Cash deposit
WHEREAS, the Final Map was filed for record on December 26, 2013, in Book 439 of Maps
at Pages 73 through 77, 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 $ 78,860.00, to
guarantee the private improvements in said tract against defects in materials and workmanship;
and
WHEREAS, the Director of Engineering/Public Works has determined that Subdivider has
completed all private improvements imposed as a condition of Final Map approval in accordance
with the terms of the Subdivision Improvement Agreement.
The Director of Engineering/Public Works 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 private improvements constructed in Tract 34322-1 include the
construction or improvement of portions of Lakota Court, South Chimayo Drive, West Natoma
Drive and North Laguna Drive, all private streets, and the construction of related curbs, gutters,
paving, sewers, water lines, drainage and open space improvements; and
WHEREAS, the Director of Engineering/Public Works has received written confirmation
from the engineer of record that the final monuments have been set and that the engineer was
compensated for same; and
WHEREAS, the Director of Engineering/Public Works has determined that all open spaces
and vacant areas have been landscaped or protected to prevent fugitive dust.
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 private improvements to Tract 34322-1 have been constructed to
an acceptable standard, and in accordance with City standards and specifications.
Section 2. Notice of Completion
That the Director of Engineering/Public Works 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$78,860.00, 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 Director of Engineering/Public Works
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 Director
of Engineering/Public Works.
B. That the improvement securities posted by the Subdivider in accordance with the
Subdivision Improvement Agreement for Faithful Performance and the cash deposits posted for
final Monuments and for PM-10 and dust control 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 Director of Engineering/Public Works 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 11th day of December, 2019 by the following vote:
Ayes: Councilmembers Lamb, Gutierrez and Carnevale; Mayor Pro Tern
Gregory and Mayor Aguilar
Noes: None
Absent: None
Abstain: None
. _
Jr -'Aguilar,
Aguilar, M.' or
ity •f Cathedra' kity, California
ATTEST:
racey R. :rtinez, CMC
City Clerk
APPROVED AS TO FORM:
City Attorney