Loading...
HomeMy WebLinkAboutResolution - Reso 2024-02 - 01/10/2024 RESOLUTION NO. 2024-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CERTIFYING COMPLETION OF THE PUBLIC IMPROVEMENTS IN TRACT NOS. 37647-1, 37647-2 and 37647, AND RELEASING SUBDIVISION SECURITIES WHEREAS, Tracts No. 37647-1, 37647-2 and 37647 are three (3) recorded increments of Tentative Tract 37647, a residential development known as "Cassia," with 86 residential units on 11.3 acres located in the Rio Vista-Verano area, which was approved by the Cathedral City Planning Commission on April 17, 2019, and subdivided and developed by HPH Homebuilders 2000, L.P., a D. R. Horton subsidiary; and WHEREAS, the Cathedral City City Council approved the Final Maps for all three ( O tracts on September 23, 2020, and entered into a Subdivision Improvement Agreement for each tract with the Subdivider, which detailed the Subdivider's obligation to complete the public improvements in each tract, and which secured the completion of those improvements with the following listed corporate surety bonds and deposits, in accordance with the State Subdivision Map Act: For Tract No. 37647-1: (38 dwelling units) For Faithful Performance: Bond # 016229770; $871,000 For Labor & Materials: Bond # 016229770; $435,500 For Monumentation (cash deposit): $5,000, paid September 8, 2020. For Tract No. 37647-2: (24 dwelling units) For Faithful Performance: Bond # 016229771; $239,000 For Labor & Materials: Bond # 016229771; $119,500 For Monumentation (cash deposit): $5,000, paid September 8, 2020. For Tract No. 37647: (24 dwelling units) For Faithful Performance: Bond # 016229772; $552,000 For Labor & Materials: Bond # 016229772; $276,500 For Monumentation (cash deposit): $5,000, paid September 8, 2020. Surety for all bonds: Liberty Mutual Insurance Co WHEREAS, the Final Maps for Tracts No. 37647-1 and 37647-2 were filed for recordation on September 30, 2020, in Map Book 474, on Pages 94 through 97, and on Pages 98 through 100, respectively, and the Final Map for Tract No. 37647 was filed for recordation on September 30, 2020, in Book 476 on Pages 1 through 3, in the Maps and Records of Riverside County; and WHEREAS, in accordance with the terms of the Subdivision Improvement Agreements, the Subdivider has posted good and sufficient Warranty Bonds, in the amount of $87,100 for Tract No. 37647-1, $23,900 for Tract No. 37647-2, and $55,200 for Tract No. 37647, to guarantee the public improvements in each tract against defects in materials and workmanship; and WHEREAS, the Director of Public Works has determined that Developer has completed all public improvements imposed as a condition of Final Map approval in accordance with the terms of the Subdivision Improvement Agreements for each Tract; 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 Public Works has further determined that the above subdivision securities may now be released in accordance with the terms of the Subdivision Improvement Agreements, except for the labor and materials bonds and the warranty bonds. WHEREAS, the public improvements constructed in Tracts No. 37647-1, 37647-2 and 37647 include the construction or improvement of all or portions of the following public streets, alleys and lots, along with related curbs, gutters, sidewalks, paving, sewers, water lines, drains, lighting, landscaping and other improvements appurtenant thereto: Rio Rosalia Rio Plata Rio Oso Rio Felicia Rio Guadalupe Rio Plata Open Space Lot 39 Alley Lots C, D and F Park Lots 271 and 274 in Tract No. 28639-1 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 6 in each of the Subdivision Improvement Agreements, 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 streets listed above, excluding the listed alleys and park and open space lots, are accepted into the City maintained street system. Section 2. Notice of Completion That the Director of Public Works is hereby authorized to prepare and file a Notice of Completion for the three (3) tracts 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, covering the approved public improvements in the tracts, as described in the Subdivision Improvement Agreements, shall be retained for a period of one year from the date of adoption of this Resolution in accordance with Sections 7 (c) and 11 of the Subdivision Improvement Agreements. 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 Agreements for Faithful Performance and the cash deposits posted for final Monuments are hereby ordered released. C. That the improvement securities posted by the Subdivider in accordance with the Subdivision Improvement Agreements 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 7(b) of the Subdivision Improvement Agreements and Section 66499.7(h) of the Government Code (Subdivision Map Act). The Director of 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 securities. Section45. Effective Date That this Resolution shall take effect upon its adoption. Section56. 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 10th day of January, 2024 by the following vote: Ayes: Councilmembers Lamb, Gutierrez and Gregory; Mayor Pro Tern Ross Noes: None Absent: Mayor Carnevale Abstain: None 0A(DckAyeL_ Mark rnevale,ldfayor City of Cathedral City, California ATTEST: (L I i-LLL Tracey R ermosillo, CMC City Clerk APPROV FORM: Eric S. Vail, City Attorney