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HomeMy WebLinkAboutCC Reso 2022-17 RESOLUTION NO. 2022-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CERTIFYING COMPLETION OF THE PUBLIC AND PRIVATE IMPROVEMENTS IN AMENDED TRACT NO. 37354 AND PLANNED UNIT DEVELOPMENT PUD 17-001, AND RELEASING SUBDIVISION SECURITIES WHEREAS, Amended Tract No. 37354 and PUD 17-001 is a residential development known as "District East", with 39 residential lots on 7.5 acres located between Jones Road and Carey Road, east of Cree Road, approved by the Cathedral City Planning Commission on May 4, 2016, and subdivided and developed by Jones Cree Ventures East, LLC; and WHEREAS, the Cathedral City City Council approved the Final Map for Tract No. 37354 on March 13, 2019, and entered into "Subdivision Improvement Agreement Tract No. 37354" 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: (Surety bonds all with American Contractors Indemnity Co.) Public and private improvements: $ 301,900; Bond #1001072297; (previously reduced from original $1,701 ,200) Desert Water Agency sewer improvements: $ 171,000, Bond #1001072270; Desert Water Agency water improvements: $ 322,000; Bond #1001072269; For Monumentation: $ 32,775.00; Cash deposit paid February 25, 2019 WHEREAS the Final Map for Amended Map No. 37354 was filed for record on March 26, 2020, in Map Book 472, at Pages 68 through 72, inclusive, Records of Riverside County, California; and WHEREAS, in accordance with the terms of the Subdivision Improvement Agreement, the Faithful Performance Bond for the public and private improvements was reduced to $ 301,900.00 in recognition of work completed; and WHEREAS, in accordance with the terms of the Subdivision Improvement Agreement, the Developer has posted a good and sufficient Warranty Bond, in the amount of $ 170,120.00, to guarantee the public and private improvements in said tract map against defects in materials and workmanship; and has posted Warranty Bonds in the amounts of $17,100 and $32,200 to guarantee the Desert Water Agency sewer and water improvements against defects in materials and workmanship; and WHEREAS, the Director of Engineering/Public Works 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 Subdivision Improvement Agreement; and the licensed surveyor of record has certified that the final monuments have been set and that the surveyor was compensated for same; and WHEREAS, the Director of Engineering/Public Works has received written confirmation from the Desert Water Agency (DWA) that the sewer and water facilities serving the tract have been satisfactorily completed and have been accepted by DWA; and WHEREAS, the Director of Engineering/Public Works has further determined that above bonds may now be released in accordance with the terms of the Subdivision Improvement Agreement, with the exception of the labor and materials bonds and the warranty bonds; and WHEREAS, the public and private improvements constructed in Amended Tract No. 37354 include the construction or improvement of portions of public streets Jones Road and Carey Road, and private streets District East Street, Hudson Road, Hubbard way, Chelsea Road and Filmor Road, along with related curbs, gutters, paving, sewers, water lines, drainage and on-site and open space and common area improvements. 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 Jones Road and Carey Road, into the City maintained street system., 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 District East Street, Hudson Road, Hubbard Way, Chelsea Road, and Filmor Road and other 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/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 4. Disposition of Improvement Securities A. That the above-described Warranty Bonds, covering the approved public and private improvements and sewer and water facilities in the tract, as described in 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 10 of the Subdivision Improvement Agreement. The Director of Engineering 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. B. That the above listed 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 securities 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 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 13th day of April, 2022_ by the following vote: Ayes: Councilmembers Gregory, Ross and Carnevale; Mayor Pro Tern Lamb and Mayor Gutierrez Noes: None Absent: None Abstain: None Ernesto M. Gutierrez, Mayor City of Cathedral City, California ATTEST: ,c ►.� # L. t1 . 3 Tracey R. "ermosillo, CMC City Clerk APPROVE •-S T• '• ' • •., 11.041111 City Attorney