Loading...
HomeMy WebLinkAboutCC Reso 2021-20 RESOLUTION NO. 2021-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CERTIFYING COMPLETION OF THE PUBLIC AND PRIVATE IMPROVEMENTS IN PARCEL MAP NO. 36619 AND PLANNED UNIT DEVELOPMENT PUD 13-002, AND RELEASING SUBDIVISION SECURITIES WHEREAS, Parcel Map No. 36619 and PUD 13-002 is a commercial development of 8 parcels on 9.132 acres, located on the southerly side of Varner Road, east of Bob Hope Drive, approved by the Cathedral City Planning Commission on May 4, 2016, and subdivided and developed by Mirage Bob Hope Varner, LLC; and WHEREAS, the Cathedral City City Council approved the Final Map for Parcel Map No. 36619 on December 13, 2017, and entered into an "Improvement Agreement Parcel Map 36619" with the Developer, which detailed Developer'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: $1,469,000.00: Bond No.106781978. Reduced by Rider to $50,000. Surety: Travelers Casualty and Surety Company of America For labor and materials: $734,500.00 Bond No.106781978. Surety: Travelers Casualty and Surety Company of America For monumentation: $22,400.00 Cash deposit paid December 11, 2017 WHEREAS, the Final Map was filed for record on December 22, 2017, in Parcel Map Book 244, at Pages 21 through 27, inclusive, Records of Riverside County, California; and WHEREAS, in accordance with the terms of the Improvement Agreement, the Faithful Performance Bond was reduced by Surety Bond Rider to $50,000, in recognition of work completed; and WHEREAS, in accordance with the terms of the Improvement Agreement, the Developer has posted a good and sufficient Warranty Bond, in the amount of $ 146,900.00, to guarantee the public and private improvements in said parcel map against defects in materials and workmanship; and WHEREAS, the Director of Engineering has determined that Developer has completed all public and private improvements imposed as a condition of Final Map approval in accordance with the terms of the Improvement Agreement. The Director of Engineering has further determined that all remaining bonds may now be released in accordance with the terms of the Improvement Agreement. with the exception of the labor and materials bond and the warranty bond; and WHEREAS, the public and private improvements constructed in Parcel Map 36619 include 1 the construction or improvement of portions of Varner Road, Bob Hope Drive, and Ecoplex Drive, a private street, along with related curbs, gutters, paving, sewers, water lines, drainage and on-site and open space improvements; and WHEREAS, the Director of Engineering has received written confirmation from the licensed surveyor of record that the final monuments have been set and that the surveyor 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; Acceptance of Public Improvements That pursuant to Section 5 (b)(i) of the Improvement Agreement, the City hereby accepts the public improvements to Varner Road and Bob Hope Drive, Section 2 . Certification of Private Improvements That pursuant to Section 5 (b)(ii) of the Improvement Agreement, the City of Cathedral City finds that the private improvements to Ecoplex Drive and the on-site improvements have been constructed to an acceptable standard, and in accordance with City standards and specifications. Section 3. Notice of Completion That the Director of Engineering is hereby authorized to prepare for the City Manager's execution the Notice of Completion and file the Notice of Completion in accordance with the California Civil Code upon adoption of this Resolution. Section 4. Disposition of Improvement Securities A. That the above described Warranty Bond, in the amount of $146,900.00, covering the approved work, as required by Section 2 (a)(iii) of the Improvement Agreement shall be retained for a period of one year from the date of adoption of this Resolution in accordance with Section 10 of the Improvement Agreement. The Director of Engineering 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. 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 Developer in accordance with the 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 the above Section 3 in accordance with Section 6(b) of the Improvement Agreement and Section 66499.7(h) of the Government Code (Subdivision Map Act). The Director of Engineering 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 23rd day of June, 2021 by the following vote: Ayes: Councilmembers Ross, Lamb and Carnevale; Mayor Pro Tern Gutierrez and Mayor Gregory Noes: None Absent: None Abstain: None 11) , 4 t A' Nip Ada A R'. I and G , Mayor City of Cathe• - I ity, California ATTEST: Atc,o,p CSC. ►-- racey R. 11rtinez,CMC City Clerk APPROVED •r- Te ORM: ...A7' N °111111° City Attorney