HomeMy WebLinkAboutCC Reso 2022-25 RESOLUTION NO. 2022-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
CERTIFYING COMPLETION OF THE PUBLIC IMPROVEMENTS IN
CONDITIONAL USE PERMIT CUP 20-018, AND RELEASING IMPROVEMENT
AGREEMENT SECURITIES
WHEREAS, Conditional Use Permit CUP 20-018 was approved by the Planning
Commission of the City of Cathedral City on February 3, 2021, for a commercial hub center
development at the southeast corner of Date Palm Drive and Converse Road, to be developed by
AG Cathedral City Owners, LLC, a Delaware limited liability company; and
WHEREAS, the Cathedral City City Council, on September 29, 2021, entered into an
Improvement Agreement with AG Cathedral City Owners, LLC which detailed Developer's
obligations to complete certain public improvements, and which secured the completion of those
improvements with the following listed corporate surety bonds:
For faithful performance: $685,000.00, Bond # LICX1191464
Surety: Lexon Insurance Company
For labor and materials: $342,500.00, Bond # LICX1191464
Surety: Lexon Insurance Company
WHEREAS, in accordance with the terms of the Improvement Agreement, the Developer
has posted a good and sufficient Warranty Bond, in the amount of $68,500.00, to guarantee the
public and private improvements against defects in materials and workmanship; and
WHEREAS, the Director of Engineering has determined that Developer has completed all
public improvements imposed as a condition of approval of Conditional Use Permit CUP 20-018 in
accordance with the terms of the Improvement Agreement.
The Director of Engineering has further determined that the above listed faithful performance bond
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 completed public improvements include the widening and improvement of
portions of Date Palm Drive and Converse Road with paving, curb, gutter, sidewalk, parkway
improvements driveways bus turn-out and a the relocation and upgrade of a traffic signal at the
intersection; and related utility relocations and 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 Sections 4 and 5 of the Improvement Agreement, the City hereby accepts
the public improvements to Date Palm Drive and Converse Road.
Section 2. Notice of Completion
That the Director of Engineering 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$68,500.00, covering the
approved work, as required by Section 2 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 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 Developer in accordance with the
Improvement Agreement for Faithful Performance is 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 2 in accordance with
Section 5 of the Improvement Agreement. 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 4. Effective Date
That this Resolution shall take effect upon its adoption.
Section 5. 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 8th day of June, 2022 by the following vote:
Ayes: Councilmembers Gregory, Ross and Carnevale; Mayor Pro Tem
Lamb and Mayor Gutierrez
Noes: None
Absent: None
Abstain: None /
Ernesto Gutierrez, Mayor
City of Cathedral City, California
ATTEST:
I
Tracey RI! er osillo, CMC
City Clerk
APPRO i • S T• :
41iwo
Eric S. Vail, City A orney