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Home My WebLink AboutCC Reso 2022-08 RESOLUTION NO. 2022-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CERTIFYING COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS IN TRACT NO. 28639-1 AND TRACT NO. 32559 BY HPH HOMEBUILDERS 2000, L.P., PER IMPROVEMENT AGREEMENT DATED JULY 12, 2019, AND AMENDMENT NO. 1 THERETO, DATED JANUARY 15, 2020, AND RELEASING SUBDIVISION SECURITIES WHEREAS, Tract No. 28639-1, a 261 residential lot subdivision was recorded in 2001, and Tract No. 32559, a re-subdivision of a portion of Tract No. 28639-1, for 70 residential lots, was recorded in 2005, but neither subdivision was fully developed, and their original subdividers did not complete all of the required public improvements; and WHEREAS, HPH Homebuilders 2000, L.P., a subsidiary of D. R. Horton, ("Developer") purchased certain vacant lots in both subdivisions for the purpose of constructing and selling single family homes; and WHEREAS, as a condition of the issuance of building permits and final inspections of the homes, Developer executed an Improvement Agreement, dated July 12, 2019, and subsequently executed Amendment No. 1 thereto, dated January 15, 2020, with the City in which Developer agreed to construct and complete the streets, curbs, gutters, utilities and other infrastructure in the areas of the lots being developed by Developer; and WHEREAS, pursuant to the July 12, 2019 Improvement Agreement, Developer posted certain securities, as listed below, to guarantee faithful performance of the work, to guarantee payment for labor and materials, and to guarantee placement of survey monuments and property corners in accordance with the recorded tract maps: For faithful performance: Surety bond No. K 15403846, for $1,224,400. For labor and materials: Surety Bond No. K 15403846, for $612,200. For monuments and property corners: cash deposit of$ 30,000, paid August 6, 2019. WHEREAS, pursuant to Amendment No. 1 to the Improvement Agreement, Developer posted certain securities, as listed below, to guarantee faithful performance of the work, to guarantee payment for labor and materials, and to guarantee placement of survey monuments and property corners in accordance with the recorded tract maps: For faithful performance: Surety bond No. 0775146, for $2,228,500. For labor and materials: Surety Bond No. 0775146, for $1,114,250. For monuments and property corners: cash deposit of$ 24,475, paid January 27,2020. WHEREAS, in accordance with the terms of the July 2, 2019 Improvement Agreement, Developer has posted a good and sufficient Warranty bond in the amount of $ 122,440, and pursuant to Amendment No. 1 has posted a good and sufficient Warranty bond in the amount of $ 222,850, to guarantee the public improvements in said tracts constructed by Developer against any defects in materials and workmanship; and, WHEREAS, the Director of Engineering/Public Works has determined that Developer has completed all the public improvements required in accordance with the terms of the Improvement Agreement and Amendment No. 1, and has further determined that above securities may now be released in accordance with the terms of the Improvement Agreement ad Amendment No. 1, with the exception of the labor and materials bonds and the warranty bonds; and, WHEREAS, the public improvements constructed and completed by Developer in portions of Tract No. 28639-1 and Tract No. 32559 per the July 12, 2019 Improvement Agreement and Amendment No. 1 include the construction or improvement of all or portions of the following public streets, alleys, and lots: In Tract No. 28639-1: Portion of Lot W: Rio Felicita Road, from Rio Oso Drive to Rio Madre Drive. Portion of Lot R: Rio Oso Drive, from Rio Felicita, east to Alley Lot GG. Lots 0 and T: Rio Vista Drive, adjoining north side of Lots 284 and 285. Lots U and Z: Rio Vista Drive, adjoining south side of Lots 284 and 285. Portion of Lot X: Rio Madre Drive, from Rio Felicita to Lot A-2 Rio Largo. Portion of Lot V: Rio Guadalupe Road, from Rio Oso to Rio Madre. Lot A-2: Rio Largo Drive. Lot Y: Rio Largo Drive. Alley Lot FF, east of Alley lot GG. Alley Lots HH, II, JJ, and KK. Storm drain lot QQ. Park Lots 269, 287 and 290. In Tract No. 32559: Lot A: Rio Naches Road. Lot B: Rio Felicita Drive, from Rio Madre to Rio Largo. Lot C: Rio Naches Road, from Rio Felicita Drive to Rio Madre. Alley Lots AA, BB, CC and DD. Park Lot 72. Together with all sewers water mains, utilities, sidewalks, curbs, gutters, paving, lighting, landscaping and other improvements appurtenant thereto. WHEREAS, the Director of Engineering/Public Works 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 certifies that the above listed streets, alleys and lots have been constructed and completed in accordance with City standards and specifications and that the specified portions of public streets and Lot QQ listed above, excluding the listed alley lots and park lots, are accepted into the City maintained street system. 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 Bonds, in the amount of $122,440 and $222,850, 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 9 of the Improvement Agreement. The Director of Engineering/Public Works is hereby authorized to release said Bonds 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 Improvement Agreement and Amendment No. 1 for Faithful Performance and the cash deposits posted for final Monuments are hereby ordered released. C. That the improvement securities posted by the Developer in accordance with the Improvement Agreement and Amendment No. 1 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 2 in accordance with Section 5(a) of the 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 securities 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 9th day of February, 2022 by the following vote: Ayes: Councilmembers Gregory, Ross and Carnevale; Mayor Pro Tern Lamb and Mayor Gutierrez Noes: None Absent:None Abstain:None rnesto Gutierrez, Mayor City of Cathedral City, California ATTEST: :It e/t,'� '�/I,'�)111 t\-7-7 Tracey R.Hermosillo, CMC City Clerk APPROVED AS TO F•RM: Eric S. Vail, City Attorney