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HomeMy WebLinkAboutTT 4685 DALEA LANE MARIPOSA DRIVE SUBDIVISION 1977 OFFICE OF THE RAY T. SULLIVAN, JR. COUNTY COUNSEL DEPUTIES COUNTY COUNSEL RIVERSIDE COUNTY J OEL BRAND JAMES H. ANGELL 3535 TENTH STREET, SUITE 300 W.W. MILLER ASSISTANT RIVERSIDE, CALIFORNIA 92501- STEVEN A. BROILES PETER H. LYONS GERALD J. GEERLINGS TELEPHONE (7I4) 787-2421 y� JERRY A. SCHEER SENIOR DEPUTY July 26, 1977 >., J LOYAL E. KEIR �"G ERALD BLANKENSHIP,JR. ROBERT WESTMEYER �1 1 r 1977 EDWARD D. PALMER ^ L.THOMAS KRAHELSKI WILLIAM C. KATZENSTEIN The Honorable Edward Mullins If AI I ^ ,E_T CITY HALLLIAM P. MCNAMES Mayor of Palm Desert TIMOTHY J.DAVIS 45275 Prickly Pear Lane DIANE K. BARTO LF Palm Desert, California 92260 Re: Silver Spur Associates (Developer) Aetna Casualty and Surety Company (Surety) Improvements Relating to Tract 4685 (Palm Desert Area) Dear Sir: This is to advise you that the developers of the above-listed subdivision, which since the incorporation of Palm Desert has been within your jurisdictional boundaries, have failed to complete those improvements which they agreed to construct as a condition of approval of the subdivision by the County. As a result they are currently in default as far as their contractual obligations are concerned. - A review of the files of the County regarding this subdivision reveals the following information. The subdivision is located at the junction of Mariposa and Dalea Lane and was filed in late 1972 as Tract No. 4685. The developer was and is Silver Spur Associates and the Surety is Aetna Casualty and Surety Company. As a part of the approval. of the subdivision by the Board of Supervisors on August 14, 1973, the developer executed the necessary agreements and obtained the required bonds from the Surety. The agreements provided that the developer would, within one year of approval of the subdivision by the Board of Supervisors, construct certain specified street and drainage improvements. Surety bonds were obtained from the Aetna Casualty and Surety Company to guarantee the completion of the work. As of July 6, 1977, these --improvements have not yet been completed. The surety bonds „guaranteeing completion of the improvements are still in effect. However, in our opinion, suit will have to be filed if the improvements are to be completed since demand letters from this office have produced no response from either the developer or the Surety. Section 66413 of the Government Code provides that "when any area in a subdivision as to which a final map has been finally approved The Honorable Edward Mullins Page Two July 26, 1977 by a board of supervisors and filed for record pursuant to this division, is thereafter annexed to a city, the final map and any agreements relating to such subdivision shall continue to govern such subdivision. " Thus, the agreements and bonds continue to govern even though the City of Palm Desert is now incorporated. It is our conclusion that the County no longer has the interest necessary to require the completion of the improvements since the subdivision is now within the city limits of Palm Desert. Neverthless, we have no objection to the City, if it chooses to file suit, naming the County of Riverside as a co-plaintiff since Section 66413 of the Government Code does not clearly indicate which entity is entitled to file suit to force completion of the improvements. In short, if the City determines that it desires to enforce its rights and require the completion of the subdivision improvements we suggest that the matter be referred to the City Attorney for appropriate action. Very truly yours, Ray T. Sullivan, Jr . County Counsel ByL%���' Robert Westmeyer Deputy County Counsel RW:nlp