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