HomeMy WebLinkAboutResolution - Reso 2024-03 - 01/10/2024 RESOLUTION NO. 2024-03
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. 32858 BY HPH HOMEBUILDERS 2000, L.P., PER
IMPROVEMENT AGREEMENT DATED JULY 12, 2019, AND AMENDMENT NO. 2
THERETO, DATED OCTOBER 28, 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 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, the provisions of the Subdivision Improvement Agreement provided that in the
event of Developer's acquisition of additional lots in adjoining subdivisions, the obligations to
construct the public improvements for such additional lots could be added to the original
Subdivision Improvement Agreement by an Amendment thereto; and
WHEREAS, Developer subsequently acquired all of the lots in adjoining Tract No. 32858,
and by the execution of Amendment No. 2 to the Improvement Agreement, accepted the
obligations to improve and construct all public improvements in Tract No. 32858 and to post
required improvement securities therefor; and
WHEREAS, pursuant to the July 12, 2019, Improvement Agreement and Amendment No. 2
thereto, dated October 28, 2020, Developer posted certain securities, as listed below, to guarantee
faithful performance of the public improvements in Tract No. 32858, to guarantee payment for labor
and materials, and to guarantee placement of survey monuments and property corners in
accordance with the recorded tract map:
For faithful performance: Surety bond No. 016229791, for $1,031,500.
For labor and materials: Surety Bond No. 016229791, for $515,750.
For monuments and property corners: Cash Deposit of$12,000, paid October 21, 2020
(Surety bonds are from Liberty Mutual Insurance Company).
AND WHEREAS, in accordance with the terms of the July 2, 2019, Improvement
Agreement and Amendment No. 2, Developer has posted a good and sufficient Warranty Bond in
the amount of $103,150, to guarantee the public improvements in said tract constructed by
Developer against any defects in materials and workmanship; and
WHEREAS, the Director of Public Works has determined that Developer has competed all
the public improvements required in accordance with the terms of the Improvement Agreement and
Amendment No. 2, and has further determined that the above securities may now be released in
accordance with the terms of the Improvement Agreement ad Amendment No. 2, with the
exception of the labor and materials bonds and the warranty bond; and
WHEREAS, the public improvements constructed and completed by Developer in Tract No.
32858 per the July 12, 2019, Improvement Agreement and Amendment No. 2 include the
construction or improvement of all or portions of the following public streets, alleys, and lots:
In Tract No. 32858:
Rio Vera Cruz
Rio Guadalupe
Rio Felicia
Rio Madre
Alley Lots E, F and G
Park Lot H
Park Lot 288 in Tract 28639-1
Together with all sewers, water mains, utilities, sidewalks, curbs, gutters, paving, lighting,
landscaping, and other improvements appurtenant thereto; and:
WHEREAS, the Director of 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 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 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 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 Bond, in the amount of $103,150, 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 Public Works is hereby authorized to release said
Warranty 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 Public Works.
B. That the improvement securities posted by the Subdivider in accordance with the
Improvement Agreement and Amendment No. 2 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. 2 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 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 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 10th day of January, 2024 by the following vote:
Ayes: Councilmembers Lamb, Gutierrez and Gregory; Mayor Pro Tem Ross
Noes: None
Absent: Mayor Carnevale
Abstain: None7)
3 (-0U-12--
Mark arnevale, Mayor
City of Cathedral City, California
ATTEST:
Air-uc,Pd1LthinkatJLtic
Tracey R. ermosillo, CMC
City Clerk
APPROVED S FORM:
Eric S. Vail, City Attorney