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A6517 - CDCG ESCENA LLC & BEAZER HOMES HOLDING CORP
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 10/14/2021 12:25 PM Fee: $ 0.00 Page 1 of 3 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder 1 jll_� Milm SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fees under Government Code §6103 Acceptance of the Works of Improvement Certificate Tract Map 32233 Subdivision Improvement Agreement (A6517) The undersigned, City of Palm Springs, a California charter city and municipal corporation, (hereafter the "City"), hereby confirms that on April 23, 2020, the City Council of the City accepted the Works of Improvement associated with Tract Map 32233 to be constructed by or on behalf of CDCG Escena LLC, a Delaware Limited Liability Company and Beazer Homes Holdings Corporation, a Delaware Corporation, and/or its successors and assigns, (collectively, hereafter the "Developer"), pursuant to that certain Subdivision Improvement Agreement (A6517) by and between the City and Developer recorded on June 5, 2014, as Document No. 2014-0207208, records of Riverside County Recorder, (hereafter the "Agreement"). The City hereby releases the Developer from its performance obligations to construct the Works of Improvement as set forth in the Agreement, and hereby releases the Security Instruments filed with the City Clerk pursuant to and in accordance with the Agreement. This Acceptance Certificate is applicable to those Works of Improvement associated with Tract Map 32233, identified as that certain real property more particularly described in Exhibit "A" attached hereto. [SIGNATURES ON NEXT PAGE] Dated: 101 �zj Z-OZ. t Attest: A ony J. Me) a, City of Palm Springs / City Clerk City of Palm Springs, a California charter city and municipal corporation G-cr JusM Clifton, I A -CM City of Palm Springs / City Manager Approved as to form: City of Palm Springs / City Attorney EXHIBIT "A" Tract Map No. 32233 filed in the office of the County Recorder, County of Riverside, State of California, on April 24, 2014, in Book 441 of Maps at Pages 21 through 26. DOC # 2014-0207208 06/05/2014 01:33P Fee:NC Page 1 of 31 Recorded in official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder RECORDINGCITY OF PALM SPRINGS I IIIIII IIIIIII III IIIII IIIII IIIIII IIIIII III IIIII IIII IIII City of Palm Springs City Clerk S I R I U PAGE SIZE DA MISC LONG RFD COPY P O Box 2743 Palm Springs, CA 92263 M I A I L 1 465 1 426 1 PCOR NCOR SMF H EXAM T: CTY Filing fee EXEMPT per Government Code 6103 A6517 , Subdivision Improvement Agreement CDCG Escena LLC and Beazer Homes Holdings Corp. THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) TABLE OF CONTENTS 1. Construction Obligations......................................................................................1 1.1 Works of Improvement ...............................................................................2 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval..............................................................................2 1.3 Intent of Plans ............................................................................................2 1.4 Survey Monuments ....................................................................................2 1.5 Performance of Work .................................................................................3 1.6 Changes in the Work..................................................................................3 1.7 Defective Work...........................................................................................3 1.8 No Warranty by City ........................................................................I.....I....3 1.9 Authority of the City Engineer.....................................................................3 1.10 Documents Available at the Site.................................................................3 1.11 Inspection...................................................................................................3 1.12 Compliance with Law .................................................................................4 1.13 Suspension of Work...................................................................................4 1.14 Final Acceptance of Works of Improvement...............................................4 2. Time for Performance ...........................................................................................4 2.1 Commencement and Completion Dates.....................................................4 2.2 Phasing Requirements...............................................................................5 2.3 Force Majeure ............................................................................................5 2.4 Continuous Work........................................................................................5 2.5 Reversion to Acreage.................................................................................5 2.6 Time of the Essence...................................................................................6 3. Labor.....................................................................................................................6 3.1 Labor Standards.........................................................................................6 3.2 Nondiscrimination.......................................................................................6 3.3 Licensed Contractors .................................................................................6 3.4 Workers' Compensation .............................................................................6 4. Security.................................................................................................................6 4.1 Required Security.......................................................................................6 4.2 Form of Security Instruments .....................................................................7 4.3 Subdivider's Liability...................................................................................8 4.4 Letters of Credit..........................................................................................8 4.5 Release of Security Instruments.................................................................9 1 IIII IIIIII II III I IIIII IIIIII IIIII IIIII III II OE:ae'20£e02�3ZP 5. Cost of Construction and Provision of Inspection Service..................................................................................................................9 5.1 Subdivider Responsible for All Related Costs of Construction ...............................................................................................9 5.2 Payment to City for Cost of Related Inspection and Engineering Services.........................................................................10 6. Acceptance of Offers of Dedication.....................................................................10 7. Warranty of Work ................................................................................................10 8. Default.................................................................................................................10 8.1 Remedies Not Exclusive...........................................................................10 8.2 City Right to Perform Work.......................................................................11 8.3 Attorney's Fees and Costs .......................................................................11 9. Indemnity ............................................................................................................11 10 General Provisions..............................................................................................11 10.1 Successors and Assigns ..........................................................................11 10.2 No Third Party Beneficiaries.....................................................................11 10.3 Entire Agreement; Waivers and Amendments..........................................12 11. Corporate Authority.............................................................................................12 2 IIII IIIIIII II I II IIIII IIIIIIIIIIII III IIIII IN 3E2013 of 32es P SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIV�ISSION IMPROVE ENT AGREEMENT (this "Agreement") is entered into this } day of , 2014, by and between the CITY OF PALM SPRINGS, a municipal cor oration of the State of California ("CITY"), and CDCG ESCENA LLC, a Delaware limited liability company ("Owner") and BEAZER HOMES HOLDINGS CORP., a Delaware Corporation ("Subdivider"). RECITALS A. Owner and Subdivider have obtained approval of a subdivision map for Tract Map No. 32233, located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on Exhibit "A". The map contains conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B" B. Pursuant to the Conditions, the Owner, by the Map, has offered dedication to the City of Palm Springs easements for public utility and sewer purposes with right of ingress and egress for service and emergency vehicles and personnel, over Lots "A" through "I", inclusive; easements for public utility and sewer purposes shown as "10' PUE", along and adjacent to Lots "A" through "I", inclusive; easements for public utility and sewer purposes over Lots "J" through "N" inclusive; and City desires to accept the public dedications as shown on the final map, and certain other improvements described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1 IIIIII IIIIIII III IIIII IIIII IIIIII IIIIII III IIIII IIII IIII 05 0N3�AS3P 4 of 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $2,488,950.00. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 2 IIIIII IIIIIII III 11111 IIIII IIIIII IIIIII III IIIII IIII IIII 06 15 0£0e208sF 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as 3 11111 III II �E�0 £e 21 �2e�KF direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of 4 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII eF"c01200f031 F Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Owner and Subdivider recognize that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code 5 IIIII III I I II IIIII III IIIII 1111111111111 I III 06.951 9 o fA02�$3P Sections 66499.11-66499.20-3/4. In this regard, Owner and Subdivider agree that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16. Owner and Subdivider hereby consent to reversion and agree that any improvements made by or on behalf of Owner and Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Owner and Subdivider execute this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and 6 II IIIIIII III (IIIII III III III III 111111111 III �F OAI 9�of 31 H3F absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $2,488,950.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $1,244,475.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $17,250.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $373,342.50 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the 7 IIIIII IIIIIII III IIIII IIIII IIIIII IIIIII III IIIIII III IIII 06/051 26 of 4 031 State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Reguirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration 8 IIIII IIIIIIIIIIIIII II II IIIIIIIIIIIIIIII1 eee9111of31aP of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City 9 I IIIIII IIIIIII III IIIII IIIII IIIIII 1111111111111111111111 9E 0 1 12 f 31 for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 10 11111111111 III 111111 III 11119e a0123 of 313E 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor 11 IIIIIIIlillllIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII gF„0011 3033E 4f Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) 12 IIIII IIIIIIIIIIIIIIIII IIIII IIIII IIIII II III III 01202 21 ©s e aF 15 OEf i IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA James Thompson, City Clerk David H. Re ana74k er STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: APPROVED BY CITY CDI;IVCII t � ik'W04 7� R 1 David Barakian, City Engineer OWNER: CDCG €SC€NA LLC, a Delaware limited liability company Check one: _ Individual _ Partnership _Corporation' _x_ Company 'Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. By: S S Signature (notarized) Name(Print): Steven S. Benson Title(Print): _Manager of CDCG Asset Management LLC, an Arizona limited liability company, the Authorized Agent of CDCG Escena LLC (For Corporations, this document must be signed in the above space by one of the following: Chairman of the Board, President or any Vice President) Trustee First American Title Insurance Company, Trustee Per Deed of Trust Recorded October 8, 2013, as Instrument No. 2013-0485049, of Official Records of Riverside County, California By: By: 13 IIIIIIIIIIIIIIII IIIIII IIII IIIIIIII III 062014-0202208 0y126of31 STATE OF ARIZONA ) SS. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this Q� day of , 2014 by Steven S. Benson, the manager of CDCG Asset Management, LLC, an Arizona limited liability company, the Authorized Agent for CDCG Escena LLC, a Delaware limited liability company, for and on behalf thereof. 001(�� Notary Public gla�J�� My Commission expires DONNA RANSOM Notary Public-Arizona Matkopa County 2&yConwrilasion Exp 10 ires $e tember 24,201 a 14 I IIIIII IIIIIII III IIIII IIIII IIIIII 1111111111111111111111 95 001 29 of 31 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CIT F PA SPRINGS, CALIFORNIA By James Thompson, City Cl David H. Rea ity Manager STANDARD FORM CITY A ORNEY PPROVED AGREEM K RECOMMENDED BY: David Barakian, City Engineer OWNER: CDCG ESCENA, LLC, a Delaware limited liability company Check one: _ Individual _ Partnership _Corporation' _x_ Company *Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. By: Signature (notarized) Name(Print): Steven S. Benson Title(Print): Manager of CDCG Asset Management, LLC, an Arizona limited liability company, the Authorized Agent of CDCG Escena LLC (For Corporations, this document must be signed in the above space by one of the following: Chairman of the Board, President or any Vice President) Trustee First American Title Insurance Company, Trustee Per Deed of Trust Recorded October 8, 2013, as InstrumqqkNo., 485049, of Official Records of Riverside County, California By: By: 13 IIII IIIIIII III I IIIII II I 1111111111111111111111 88 P05'2014A01 R3P 8 of 31 i ACKNOWLEDGMENT State of Calif rnia County of �t�pr�tr� On Ou- I()• 201LI before me, S B May,Notary Public (here insert name and title of the officer) personally appeared &CkO �1(� i who proved to me on the basis of satisfactory evidence to be the person(¢whose name) is/ark subscribed to the Wthin instrument and acknowledged to me that e s e/they executed the same in is eNtheir authorized capacity(ieg, and that by his/her/their signature(s) on the instrument the person($ or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i WITNESS my hand and official seal. Signature S B May,No Public (Seal) Omy S. B. MAY Commissiona Notary Public-California iRiverside County Comm.Expires Mar 11,20 5 J I i li III II IIII II I III IIIII IIIIII I II I IIIIII I II 0E A©1 1 1 91400 3 9 4£ 3 SUBDIVIDER: BEAZER HOMES HOLDINGS CORP., a Delaware corporation Check one: _ Individual _ Partnership X Corporation Company 'Note: for Corporations, two corporate officers must sign this Agreement, as indicated below; fyallhers, autho ized agents must sign this Agreement. By: By: Si gnat.��6 urg (Notarized) ignature (Notarized) Name(Print): TbLi Y. Name(Print): Ro+�6�T j. Sik c,q Title(Print): k� 5 its*L! Title(Print): S F& ` T Aj-2 (For Corporations, this document must (For Corporations, this document must be signed in the above space by one of be signed in the above space by one of the following: Chairman of the Board, the following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 15 IIIII II III II IIIII I II I IIIIII IIII 111111 66 9AI20 of '-I as ACKNOWLEDGMENT State of California County of OILAA64E On ryf Q+L rD, Ze14 before me, _�A}Ur+-YA U"Si6n1 IVo 1 TAR-y (here insert name and title of the officer) personally appeared �AJo + K pmd 6&IZ i I. -+OTA who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in 44/hw/their authorized capacity(ies), and that by h+sA+--Wtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JACALYN MCOUISTON WITNESS my hand and official seal. Commission• 1968670 Notary Public-California Orange County f- 10MY Comm.Expires Fab 4,2016 Signature c- (Seal) (IIIII IIIII I II IIIII IIII IIIII I IIII IIIII IIII III 0E 091 201 31 3P of 21 0£ 1 1 ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On April 28, 2014, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 28th day of April, 2014. �VALM Sp AO 9� c Y N f roo .S 4 9004R1F� Signature: cq400eN�P MES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document Subdivision Improvement Agreement A6517 CDCG Escena LLC and Beazer Homes Holdings Corp. IIIII IIIII I III IIIII III IIIII IIIII II II IIII II III 9c'001281of "I 3P EXHIBIT "A" TRACT MAP 32233 LEGAL DESCRIPTION Tract Map No. 32233, as recorded in Map Book Pages Z� through 2-(40 inclusive, records of Riverside County, California. 18 I IIIIII IIIIIII III IIIII IIIII IIIIII 01 980602 f 3PIIIIIIIIIIIIIIIIIIII o3 EXHIBIT "B" TENTATIVE TRACT MAP 32233 CONDITIONS OF APPROVAL STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Developer shall obtain State permits and approval of plans for all work done on State Highway I I I (Gene Autry Trail). A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. STATE HIGHWAY I l I (GENE AUTRY TRAIL) 4. Dedicate additional right-of-way to provide the ultimate half street width of 55 feet along the entire frontage, together with a property line - comer cut-back at the southeast corner of Gene Autry Trail and Vista Chino in accordance with City of Palm Springs Standard Drawing No. 105, unless otherwise already dedicated by Parcel Map 30928. 5. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus tum-out, unless otherwise already dedicated by Parcel Map 30928. 6. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way, unless otherwise already dedicated by Parcel Map 30928. 7. Abutters rights of access to Gene Autry Trail shall be dedicated to the City of Palm Springs except at specifically approved locations. 8. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the northeast corner of Gene Autry Trail and Classic Drive in a location to be agreed upon by the City and Sunline Transit Agency. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories, as required by Sunline Transit Agency, shall be provided by the developer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 9. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 19 IIIIIII IIIIIIIIII IIIIIIIIII IIIIII IIIIII III IIIIIII II IIII 2012008 of 31 05 0 3P Case No.TTM 32233 October 1.2004 Page 20 10. Modify the existing left-turn lane to provide a 150 feet long southbound left-turn storage lane at Gene Autry Trail and Chia Road, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 11. Modify the existing left-turn lane to provide a 400 feet long southbound left-turn storage lane at Gene Autry Trail and Tachevah Drive, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 12. Coordinate the location of the intersection of Gene Autry Trail and Classic Drive with the City Engineer and the Executive Director of the Airport. Upon approval of the intersection location, relocate the existing northbound left-tum lane location as required to access the airport commercial properties, and provide a 375 feet long southbound left-turn storage lane at Gene Autry Trail and Classic Drive, or as may be modified by the Traffic Report and approved by the City Engineer. Existing intersection improvements, median improvements, including landscaping, lighting and irrigation, shall be removed, reconstructed or modified to the satisfaction of the City Engineer. Modification and reconstruction of the existing parking lot and driveways at the airport necessary to facilitate the relocated intersection shall be completed to the satisfaction of the City Engineer and the Executive Director of the Airport. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233, VISTA CHINO 13. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way, unless otherwise already dedicated by Parcel Map 30928. 14. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turn-out, unless otherwise already dedicated by Parcel Map 30928. 15. Abutters rights of access to Vista Chino shall be dedicated to the City of Palm Springs except at specifically approved locations. 16. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the southeast corner of Vista Chino and Gene Autry Trail in a location to be agreed upon by the City and Sunline Transit Agency. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories shall be furnished, as required by Sunline Transit Agency. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 20 I IIIIII IIIIIiI III IIIII II IIIIII 111111111111111111111111 06 001 21-5 0 ryf 31 Case No.TTM 32233 October 1,2W4 Page 21 17. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 18. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer from Gene Autry Trail to the easterly property line (approximate with the existing Whitewater Channel levee). Provide a 225 feet long westbound left-turn storage lane at Vista Chino and Gene Autry Trail. Easterly of the Whitewater Channel levee, provide a striped median with a minimum 150 feet long westbound left-turn lane at Vista Chino and North Drive. Left-turn pocket storage lengths and transitions shall be designed in accordance with the current Caltrans Highway Design Manual. Additional paving and street widening along the north side of Vista Chino shall be provided as necessary to construct the required median improvements. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. SAN JOAQUIN DRIVE 19. Dedicate additional right-of-way at the northerly end of San Joaquin Drive to provide an off-set cul-de-sac or turn-around acceptable to the Fire Marshall and City Engineer. The cul-de-sac shall have a minimum curb radius of 58 feet, as required by the City of Cathedral City. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 20. Construct a 6 inch curb and gutter, 18 feet west of centerline along the entire frontage and throughout the off-set cul-de-sac or turn-around, as approved by the Fire Marshall and City Engineer, in accordance with City of Palm Springs Standard Drawing No. 200. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 21. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 within the cul-de-sac at the northerly end of San Joaquin Drive for service and emergency vehicle access into the development as required by the City Engineer and/or Fire Marshall, 22. Construct a 6 inch thick concrete driveway from the driveway approach within the cul-de-sac at the northerly end of San Joaquin Drive across Lot 552 as necessary to provide access from San Joaquin Drive to the on-site street system as required by the City Engineer and/or Fire Marshall. An alternative to concrete pavement may be approved, subject to review and approval by the Fire Marshall. 23. Construct a minimum pavement section of 22 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from clean sawcut edge of pavement to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. I10 and 300. If an alternative 21 IIIIIII IIIIIII III IIIII IIIII IIIIII IIIIII III IIIIIII II IIII t 06/ S 26 202 f 3©83P Case No.TM 32233 October 1,2004 Page 22 pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. ON-SITE STREETS 24. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposes, and for service and emergency vehicles and personnel ingress and egress, over the private streets. 25. Dedicate an easement, 20 feet wide, for service and emergency vehicles and personnel ingress and egress, over Lot 552 as necessary to provide access from San Joaquin Drive to the on-site street system. 26. Construct a wedge curb, acceptable to the City Engineer, 18 feet on both sides of centerline along the entire frontages, and throughout the cul-de-sacs. 27. Construct a wedge curb, acceptable to the City Engineer, 14 feet on both sides of centerline along the entire frontages of those on-site streets identified as Streets AOO@ (adjacent to Lots 292-294 [north end] and adjacent to Lots 305 and 306 [south end]), APP@ (adjacent to Lots 224 and 225 [north end] and adjacent to Lots 252 and 253 [south end]), ASS= (adjacent to Lots 211 and 212 [west end], and AVVQ. Parking shall be restricted along one sides of these streets, as necessary to maintain a 20 feet wide clear access way. Regulatory Type R26 ANo Parking@ signs or red curb shall be installed on one side of these streets to prohibit on-street parking. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Codes, Covenants and Restrictions required for the development. 28. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101. A minimum 43 feet inside radius shall be required for all on-site cul-de-sacs. 29. All on-site Aknuckles@ shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 30. On-site streets without a cul-de-sac or other approved turn-around shall not extend a distance of 150 feet or more from the intersecting street. On-site streets with a length exceeding 150 feet shall provide a hammerhead turn-around or other access as approved by the Fire Marshall. 31. Construct a minimum pavement section of 22 inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER 22 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 00120a00 0c1:33P Case No.TTM 32233 Ocober 1,2004 Page 23 32. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 33. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 34. Construct an 8 inch sewer main within Mission Drive and San Joaquin Drive as necessary to extend public sewer service to the development. 35. Construct an 8 inch sewer main within all on-site streets and connect to the existing public sewer system in Gene Autry Trail and/or San Joaquin Drive. All sewer mains constructed by the developer and to become part of the public sewer system shall be televised prior to acceptance of the sewer system for maintenance by the City. 36, Payment of applicable sewer assessment or sewer surcharge fees (if any) shall be paid prior to issuance of building permits. GRADING 37. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more ACoachella Valley Best Available Control Measures® as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant=s or its contractor=s Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related APM 10@ Dust Control issues, please contact Elio Torrealba at AQMD at(909) 396-3752, or at eorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of a final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report;and a copy of the associated Hydrology Study/Report. DRAINAGE 38. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed through the property, consistent with an approved hydrology/hydraulic study. 39. Drainage easements shall be reserved on the Final Map where and as required to convey off-site stormwater runoff across the property, in accordance with an approved hydrology/hydraulic study. On-site drainage easements shall be privately maintained by a Homeowners Association. 23 111111 III 1111111 II 1111 a°1 zs oe0�1 Cue No.TTM 32233 ORober I,2004 Page 24 40. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs Area. Validated costs incurred for the design and construction of storm drainage improvements adjacent to or within the project as shown in the Master Drainage Plan may be credited toward the drainage fee otherwise due. Coordination with Riverside County Flood Control & Water Conservation District (RCFC) shall be required to determine acceptable methods of providing storm drainage improvements consistent with the Master Drainage Plan. Credit for or deletion of required drainage implementation fees will require review and approval by RCFC of proposed storm drainage systems, detention and retention basins, and storm drain outlet systems into the Whitewater Channel. If required as a condition of credit for or deletion of storm drainage implementation fees, a cooperative agreement between the property owner(s), the City of Palm Springs and RCFC shall be made whereby storm drainage easements for Master Drainage Plan facilities are provided to RCFC within the project, and storm drainage improvements are designed and constructed to the satisfaction of the City Engineer and RCFC. MAP 41. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 42. In accordance with Section 66434 (g) of the Government Code, the westerly 15 feet of public right-of- way for San Joaquin Drive may be abandoned upon the filing of a Final Map identifying the abandonment of the right-of-way granted to the City of Palm Springs. Prior to approval of a Final Map, the developer shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the portion of the public right-of-way to be abandoned. Prior to approval of a Final Map, the developer shall provide to the City Engineer a letter of approval regarding the proposed abandonment of the westerly 15 feet of San Joaquin Drive right-of-way from each public utility agency. 43. In accordance with Government Code Section 66493 (f), an application for reapportionment of the existing assessments related to Assessment District 155 levied against the properties shall be performed at the expense of the property owner, or the existing assessments shall be paid in full, prior to City Council approval of the Final Map. TRAFFIC 44. The total number of 1,450 single family and multi-family units, and 450 room resort hotel allowed within the development, as originally approved by Planned Development Unit (PD) 231, shall be decreased by the total number of additional residential units approved by the City of Cathedral City associated with Tentative Tract Maps 32557 and 32558 such that the overall total number of units, and 24 IIIIIII IIIIIII III IIIII IIIII IIIIII IIIIII III IIIIIII II Till 1 96�0 2 of 91 q1 3P Case No.TrM 32233 October 1,2004 Page 25 the traffic generated therefrom, does not increase from the original total of units analyzed for the purposes of approval of PD 231. 45. The developer shall coordinate and prepare a traffic signal installation phasing plan. In accordance with developer proposed on-site phasing of residential construction, the installation of required traffic signals shall be phased as traffic signal warrants are met. Irregardless of a traffic signal installation phasing plan, any traffic signal shall be installed at any time and upon notice by the City Engineer that traffic conditions warrant installation, or the City=s own analysis indicates warrants exist for its installation. The design of all required traffic signals shall be completed prior to approval of a final map. The developer is responsible for the installation of a traffic signal, subject to the approval of Caltrans and/or the City Engineer, as required, at the following locations: A. Gene Autry Trail and Chia Road B. Gene Autry Trail and Classic Drive C. Vista Chino and North Drive 46. In coordination with the design and installation of traffic signals along Gene Autry Trail, a traffic signal interconnect system, subject to the approval of Caltrans and/or the City Engineer, shall be provided on Gene Autry Trail from Vista Chino to Ramon Road. In conjunction with the design of required traffic signals, a traffic signal interconnect system shall be designed from Vista Chino to Ramon Road, as directed by the City Engineer and approved by Caltrans. Reimbursement for 65.86% of the cost of the design and installation of the traffic signal interconnect system may be made through a reimbursement agreement between the City, Caltrans (if required) and the applicant. 47. Based on the Traffic Impact Study prepared by Endo Engineering, dated March 2003, the following mitigation measures shall be addressed prior to issuance of a building permit on any of the proposed parcels: A. Pay the proportionate fair share contribution of$22,425 (14.95%) of a traffic signal at Gene Autry Trail and Via Escuela. B. Pay the proportionate fair share contribution of$18,140 (18.14%) of the cost to construct a northbound right-turn lane on Farrell Drive at Vista Chino. C. Pay the proportionate fair share contribution of 18.14%of the cost to construct a southbound left-turn lane on Farrell Drive at Vista Chino. An engineer=s estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. D. Pay the proportionate fair share contribution of 4.9% of the cost to construct a southbound left-turn lane on Farrell Drive at Ramon Road. An engineer=s estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. E. Pay the proportionate fair share contribution of 6.61% of the cost to construct a southbound through lane on Cathedral Canyon Drive at Ramon Road. The fair share contribution shall be held in trust for the City of Cathedral City until such time as the intersection improvements are constructed. An engineer=s estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. 48. Submit traffic striping plans for improvements to Vista Chino prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping 25 III I IIIIIII III I IIII IIII I 111111111 INI III III OE;691 2614A03©H3P Case No.TTM 32233 October 1.2004 Page 26 improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer. 49. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 50. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permits. 26 2N14-02W208 06/05/201401:33P III 1111111 1111 II 1111 31 of 31