Attachment E – Resolution &
Certificate of Acceptance
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 36914 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
FAR WEST INDUSTRIES, A CALIFORNIA CORPORATION,
(A8746), FOR PROPERTY LOCATED AT 777 SOUTH PALM
CANYON DRIVE, IN SECTION 22, TOWNSHIP 4 SOUTH,
RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of May 25, 2016 recommended approval of Tentative Tract Map 36914, subject to conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the “City”), at its meeting of September 21, 2016, approved Tentative Tract Map 36914 subject to conditions; and
WHEREAS, the City, at its meeting of February 25, 2021, adopted Resolution No. 24858, approving Tract Map 36914 and a related Subdivision Improvement Agreement, (Agreement No. 8746), with Far West Industries, a California corporation, (hereinafter the “Developer”), in accordance with Section 66462 of the California Government Code; and WHEREAS, in accordance with Section 4.1 of the Subdivision Improvement Agreement, the Developer was required to submit subdivision improvement securities in the amount of $6,018,000 to guarantee construction of certain public improvements required for and associated with Tract Map 36914, (the “Works of Improvement”); and WHEREAS, in accordance with the Subdivision Improvement Agreement the Developer has filed with the City Clerk a performance (payment) bond in the amount of $4,000,000.00, a labor and materials (payment) bond in the amount of $2,000,000.00, and a Monumentation (payment) bond in the amount of $18,000.00, and a Maintenance and Warranty (payment) bond in the amount of $600,000.00 has been received by the Engineering Services Department; and
WHEREAS, the Developer has completed construction of the Works of Improvement, and has requested that the City accept the Works of Improvement in accordance with Section 1.14 of the Subdivision Improvement Agreement; and WHEREAS, in accordance with Section 4.5 of the Subdivision Improvement Agreement, the Developer has requested that the City release the subdivision improvement securities filed with the City Clerk to guarantee construction of the Works of Improvement; and
WHEREAS, the City Engineer has examined the Works of Improvement, and has Resolution No. _____
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found them to be constructed and completed in accordance with the Subdivision Improvement Agreement, and the associated plans and specifications; and WHEREAS, the City Engineer recommends that the City Council accept the Works of Improvement, and authorize the City Clerk to release the subdivision improvement securities filed with the City Clerk to guarantee construction of the Works of Improvement, with the exception of the maintenance and warranty security required by Section 4(b) of Subdivision Improvement Agreement.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby finds and determines that the Works of Improvement have been completed in accordance with the relevant provisions of the Subdivision Improvement Agreement and the approved plans and specifications, and the City Council hereby accepts the completed Works of Improvements.
SECTION 3. The City Council’s acceptance of the Works of Improvement effectuated by this resolution shall not in any way supersede or relieve Far West Industries, a California corporation, or its successors and assigns, of any other obligations required by the Subdivision Improvement Agreement or the conditions of approval associated with Tentative Tract Map 36914.
SECTION 4. The City Council’s acceptance of the Works of Improvement effectuated by this resolution shall not in any way impose an obligation on the City of Palm Springs to maintain those improvements that are required to be privately maintained by a Homeowners Association through Covenants, Conditions and Restrictions (CC&R’s), including the private streets associated with Tract Map 36914.
SECTION 5. In accordance with Section 4.5(a) of the Subdivision Improvement Agreement, the City Clerk is hereby authorized to release the following Security Instruments previously filed with the City Clerk to guarantee construction of the Works of Improvement:
Faithful Performance Bond No. 36K000322; $4,000,000.00 Labor and Materials Bond No. 36K000322; $2,000,000.00
Monumentation Bond No. 36K000321; $18,000.00
SECTION 6. In accordance with Section 4.5(b) of the Subdivision Improvement Agreement, the City Clerk is hereby authorized to release all Bonds for the project, excluding the Maintenance and Warranty Bond which will be held as security for a period of one year following the City Engineer’s acceptance of the Works of Improvement, and there being no claims regarding defective work associated with the Works of Improvement having been filed with the City Engineer.
Resolution No. _____
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SECTION 7. The sole intention of this Resolution is to carry out Sections 1.14 and
4.5 of Agreement No. A8746 approved on February 25, 2021. Neither the City nor the City Council admits or acknowledges, by adoption of this Resolution or otherwise, that Agreement No. A8746 and/or the final map approved on February 25, 2021, is/are not void ab initio by operation of law under Government Code sections 1090. Accordingly, the City reserves all rights and remedies to which it is entitled with respect to Agreement No. A8746 and/or the final map approval, under State and Federal law, in advance of this Resolution’s adoption.
SECTION 8. The City Clerk, following adoption of this resolution, shall file with the Riverside County Recorder, the Acceptance of the Works of Improvement Certificate attached hereto.
ADOPTED THIS 26TH DAY OF AUGUST, 2026.
SCOTT C. STILES
CITY MANAGER, CITY OF PALM SPRINGS
ATTEST:
BRENDA PREE
CITY CLERK, CITY OF PALM SPRINGS
Resolution No. _____
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ________ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK, CITY OF PALM SPRINGS
Acceptance of the Works of Improvement Certificate follows this page.