HomeMy WebLinkAboutCC Reso 2017-35 RESOLUTION NO. 2017- 35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ACCEPTING THE PUBLIC IMPROVEMENTS AND
APPROVING THE PRIVATE IMPROVEMENTS WITHIN TRACT MAP
36832-1 AND RELEASING SECURITIES
WHEREAS, Tract Map 36832-1 is a 4-lot single family development on the south
side of Elizabeth Road, developed by Stanton Place 2014, LLC, as the first increment of
a 17-lot residential subdivision, approved by the Planning Commission in December,
2014; and
WHEREAS, said development required certain curb, gutter, driveway, sidewalk
and parkway improvements on Elizabeth Road, and also required the construction of
boundary walls, sewer and water services, utilities, and other on-site improvements; and
WHEREAS, on August 26, 2015, the City Council approved a Subdivision
Improvement Agreement with the Subdivider for Tract No. 36832-1, which detailed the
Subdivider's obligations to complete certain improvements, and which secured the
performance of said obligations with corporate surety bonds in the amount of $120,767
to guarantee faithful performance and $60,384 to guarantee payment for labor and
materials. The Subdivision Improvement Agreement also detailed the Subdivider's
obligations to install and place final monuments for said Tract Map, and which secured
the placement of said monuments with a cash security for $5,000; and
WHEREAS, subsequent to the execution and approval of said Agreement the
final map for Tract Map 36832-1 was approved by the City Council and was recorded on
October 14, 2015, in Book 447, at Pages 27 and 28, of Maps, in the Office of the
County Recorder of Riverside County; and
WHEREAS, the Engineer of Record for the parcel map certified to the City
Engineer that final monuments were set and that he had been compensated for such
work, and therefore in accordance with the Subdivision Improvement Agreement the
$5000 cash security has been released; and
WHEREAS, the City Engineer has determined that the Subdivider has
satisfactorily completed all the public improvements to Elizabeth Road, a public street,
and the private on-site improvements as imposed as a condition of Final Map approval
in accordance with the terms of the Subdivision Improvement Agreement; and
WHEREAS, the City Engineer has determined that Developer has posted a good
and sufficient security in the amount of $12,077 as a warranty bond to guarantee the
public and private improvements against any defects in materials or workmanship for a
period of one-year, and has also determined that the remaining securities may be
released in accordance with the terms of the Subdivision Improvement Agreement.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, AS FOLLOWS:
Section 1 . Approval of Improvements t
That pursuant to the terms of the Subdivision Improvement Agreement, the City
of Cathedral City finds that all said improvements have been constructed in accordance
with the improvement plans to an acceptable design standard, and the public
improvements on Elizabeth Road are accepted into the City maintained street system
as of the date of adoption of this Resolution.
Section 2. Notice of Completion
That the City Manager and City Engineer are hereby authorized to prepare and
sign a Notice of Completion, in accordance with the Civil Code, and to record said
Notice of Completion with the Riverside County Recorder within ten (10) days of the
adoption of this Resolution.
Section 3. Warranty Security
That Developer has provided a Warranty security in the amount of $12,077
covering the approved work as required by Sections 2(a)(iii) and 11 of the Subdivision
Improvement Agreement, and that said security shall be retained for a period of one
year from the date of adoption of this Resolution in accordance with Section 11 of the.
Subdivision Improvement Agreement. The City Engineer is hereby authorized to release
said Warranty Security Bond following the expiration of the one-year warranty period, so
long as there are no claims filed and any necessary warranty repairs have been
completed to his satisfaction.
Section 4. Release of Securities
That all other securities posted by the Subdivider, in accordance with the .
Subdivision Improvement Agreement, as listed below, are hereby ordered relea§ed as
follows:
Surety Bond No. 802827-P, from Indemnity Company of California, in the amount of
$120,767, guaranteeing Faithful Performance.
Surety Bond No. 802827-P, from Indemnity Company of California, in the amount of
$60,384, guaranteeing payment for Labor and Materials, to be released by the City
Engineer 90 days after the date of recordation of the above described Notice. of.
Completion so long as there have been no claims filed.
Section 5. Effective Date
That this Resolution shall take effect upon its adoption.
Section 6. Certification
That the City Clerk is hereby directed to cause a certified copy of this Resolution,
attested by her under seal, to be recorded in the Office of the County Recorder of
Riverside County. .
PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council for the
City of Cathedral City held on this 26th day of July, 2017 by the following vote:
Ayes: Council Members Aguilar, Carnevale and Kaplan;
Mayor Pro Tem Pettis and Mayor Henry
Noes: None
Absent: None
Abstain: Norte
tanley E. Henry, -Mayof—
City of Cathedral City, California
ATTES ,:
City Clerk
APPROVE
City Attorney