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HomeMy WebLinkAbout1G OCR1/ City Council Staff Re{Jorl DATE: February 25, 2021 CONSENT CALENDAR SUBJECT: APPROVAL OF TRACT MAP 36914 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH FARWEST INDUSTRIES, A CALIFORNIA CORPORATION. FROM: BY: SUMMARY: David H. Ready, City Manager Engineering Services Department MSA Consulting, Inc., representing Farwest Industries, a California Corporation , (the "Developer"), has requested approval of a final map for Tentative Tract Map 36914 to create 56 single family and 25 Multi Family lot subdivision of a vacant 12.38 acre lot. Approval of a final map for Tentative Tract Map 36914 is a ministerial action, as required by the Municipal Code and the Subdivision Map Act. All prior discretionary actions have occurred allowing for the City's ministerial approval of the final map. RECOMMENDATION: Adopt Resolution No. _____ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36914 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH FARWEST INDUSTRIES, A CALIFORNIA CORPORATION, FOR PROPERTY LOCATED AT 777 SOUTH PALM CANYON DRIVE, IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST." BUSINESS PRINCIPAL DISCLOSURE: The Public Integrity Disclosure Form from Farwest Industries is included as Attachment 1. BACKGROUND: At its meeting on May 25, 2016, the Planning Commission recommended approval of Tentative Tract Map 36914 (TTM 36914) for the subdivision of 56 single family and 25 Multi Family lot subdivision of a vacant 12.38 acre lot, which was subsequently approved by the City Council, subject to conditions, on September 21, 2016. rrEM NO. J_{;r ---- 2City Council Staff Report February 25, 2021 -Page 2 Approve TRACT MAP 36914-Elan· Although approved on September 21, 2016, the entitlements include a Planned Development, Major Architectural Review and Tentative Tract Map. A lawsuit delayed the applicant's ability to exercise the entitlement by 121 days, resulting in an extension of the approval by the same amount of time. Thus, the two-year time limit would expire on January 19, 2019 and extension from this date to January 19, 2020 was approved by City Council. The expiration date of TTM 36914 was January 19, 2020; however, MSA Consulting, Inc., representing the Developer, timely filed a final map for TTM 36914 on September 5, 2019. Pursuant to state law (California Government Code Section 66452.6 [the "Subdivision Map Act"]}, once the filing of a final map has been made to the City Engineer, all subsequent actions associated with the final map may occur after the expiration of the associated Tentative Tract Map. STAFF ANALYSIS: The developer has completed all required studies, improvement plans, Community Facility District (CFO) requirements, bonding requirements and has been issued applicable grading permits at this time. Pursuant to the prior discretionary entitlements approved by the Council on September 21, 2016, the Developer requests that the property located at 777 South Palm Canyon Drive, in Section 22, Township 4 South, Range 4 East, be subdivided into 56 single family and 25 multi-family lot subdivision. A site map is provided below and a copy of the final map for TTM 36914 is included as Attachment 2. TM 36914 "Elan'" Site Map Construction of required public improvements associated with Tract Map 36914 has not been completed; the total cost of the public improvements to be completed is 3City Council Staff Report February 25, 2021 -Page 3 Approve TRACT MAP 36914-Elan· $4,000,000.00. In accordance with Section 66462 of the California Government Code, the Developer has requested that the City enter into a Subdivision Improvement Agreement securing the cost of those improvements to be completed to the City's satisfaction. A copy of the Subdivision Improvement Agreement with associated securities is included in Attachment 3. The City Engineer has determined that required conditions of approval associated with TIM 36914 have been satisfied, that Tract Map 36914 is in substantial conformance with the approved Tentative Tract Map, and that Tract Map 36914 is ready for City Council approval. ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration (MND), which was previously adopted by the City Council on September 21, 2016, is the controlling environmental document for the project. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent MND, Addendum to the MND or further environmental documentation is not necessary because the changed circumstances of the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Approval of the final map will not result in any new environmental impacts beyond those already assessed in the adopted Mitigated Negative Declaration. FISCAL IMPACT: Approval of Tract Map 36914 will subdivide the currently vacant 12.38 acre parcel into a 56 single family and 25 multi-family subdivision. Ultimately, upon completion of the Units, the City will receive yet to be determined additional property tax revenue. Additional, incremental costs for public service will be incurred over time. SUBMITTED Director of Development Services ATTACHMENTS: 1. Business Principal Disclosure 3. Subdivision Improvement Agreement Marcus L. Fuller, MPA, PLS, PE Assistant City Manager 2. Tract Map 36914 4. Resolution 4ATTACHMENT 1 51. Name of Entity Far West Industries PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 2. Address of Entity (Principle Place of Business) 2922 Daimler St., Santa Ana, CA 92705 3. Local or California Address (if different than #2) 4. State where Entity is Registered with Secretary of State California If other than California, is the Entity also registered in California?• Yes n No 5. Type of Entity IB:J Corporation D Limited Liability Company D Partnership D Trust D Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _S_c_o_tt_L_i_s_so_y _____________ [E] Officer D Director D Member D Manager [na D General Partner D Limited Partner •Other ___________ _ _ A_lb_e_rt_O_._L_is_s_o_y ____________ [EJ Officer D Director D Member D Manager [name] D General Partner D Limited Partner •Other ___________ _ _ lr_a_G_la_s_k_Y ______________ [EJ Officer D Director D Member D Manager (Revised 05/16/19) [na D General Partner D Limited Partner •Other ___________ _ CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 67. Owners/Investors with a 5% beneficial interest in the Aoolicant Entity or a related entity EXAMPLE JANEDOE 50%, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. Lissoy Family Trust u/~f o ,/,,/ 9G 100% [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entitv] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Date !De ~--, / . .s::. PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. (Revised 05/16/19) CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 2 of 2 7ATTACHMENT 2 8IN THE: CITY OF PALM SPRINGS, COUNTY OF RIVE:RSIDE:, STATE: OF CALIFORNIA SHEET 1 OF 5 SHEETS TRACT MAP NO. 36914 RECORDER'S STATEMENT BE:ING A SUBDIVISION OF A PORTION OF LOT 13, AS SHOWN BY MAP ON PALM VALLE:Y COLONY LANDS ON FILE: IN BOOK 14 PAGE: 6S2 OF MAPS, RE:CORDS OF SAN DIE:GO COUNTY, BE:ING IN SE:CTION 23 AND A PORTION OF £AST 1/2, SOUTHE:AST 1 / 4, NORTHE:AST 1 / 4, BE:ING IN SE:CTION 22, TOWNSHIP 4 SOUTH, RANGE: 4 £AST, SAN BE:RNARDINO ME:RIDIAN FILED THIS DAY OF ____ , 20 AT _____ IN BOOK ____ OF OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDMSION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE HEREBY CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: AN EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES, LOT "A", SHOWN AS "PUBLIC STREET". THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: AN EASEMENT FOR RECREATIONAL PURPOSES, LOT "J", SHOWN AS "OPEN SPACE". THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: EASEMENTS FOR PUBLIC UTILITY AND SEWER PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL, OVER LOTS "B" THROUGH "G", INCLUSIVE, SHOWN AS "PRIVATE STREET"(S), AS SHOWN WITHIN THIS MAP. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: ~E S~~~:~I~~~ ':~ ~~MENTS FOR PUBLIC UTILITY PURPOSES OVER LOT 57 SHOWN AS@, THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: ~~ 2!i,WIDE EASEMENT FOR SEWER PURPOSES OVER LOT 57 SHOWN AS@, AS SHOWN WITHIN THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: THE 7' WIDE EASEMENT FOR PUBLIC UTILITY, LANDSCAPE AND PEDESTRIAN PURPOSES OVER LOT 57 SHOWN AS (D, AS SHOWN WITHIN THIS MAP. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: THOSE EASEMENTS SHOWN AS "5' AND "10' PUE", FOR SIDEWALK, PUBLIC UTILITY AND SEWER PURPOSES ALONG AND ADJACENT TO LOTS "B" THROUGH "G", INCLUSIVE, SHOWN AS "PRIVATE STREET"(S), AS SHOWN WITHIN THIS MAP. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: THE 20' WIDE EASEMENT OVER LOT 57 SHOWN AS@, FOR EMERGENCY VEHICLES INGRESS AND EGRESS PURPOSES, AS SHOWN WITHIN THIS MAP. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: EASEMENTS FOR SIDEWALK, PUBLIC UTILITY AND SEWER PURPOSES, OVER ALL OF LOTS "H" THROUGH "P", INCLUSIVE, SHOWN AS "OPEN SPACE"(S) WITHIN THIS MAP. WE HEREBY RETAIN LOTS "B" THROUGH "G", INCLUSIVE, SHOWN AS "PRIVATE STREETS", FOR PRIVATE USE FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP. WE HEREBY ~ETAIN FOR LANDSCAPE AND STORM DRAIN PURPOSES, THE 2' WIDE EASEMENTS SHOWN AS~, FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP. WE HEREBY RETAIN FOR STORM DRAlN PURPOSES, AN EASEMENT OVER THOSE EASEMENTS SHOWN AS "10' PUE", AS SHOWN WITHIN THIS MAP, FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP. WE HEREBY RETAIN FOR OPEN SPACE, LANDSCAPE AND STORM DRAIN PURPOSES, LOTS "H" THROUGH "P", INCLUSIVE, FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP. FAR WEST INDUSTRIES, A CALIFORNIA CORPORATION BY: PRINT NAME: IT'S: ____________ _ (119 MSA CONSULTING, INC. JULY -2019 LOT 57 IS FOR CONDOMINIUM PURPOSES SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF FAR WEST INDUSTRIES, IN MARCH OF 2019. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR WILL BE SET IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. DATED: ______ _ CHARLES R. HARRIS P.L.S. 4989 CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT MAP NO. 36914, CONSISTING OF 5 SHEETS, THAT THE SUBDMSION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OR ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE STATE SUBDMSION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; DATED: _______ ~~.....__::..._ JOEL MONTALVO CITY ENGINEER DATED: ______ _ ~ ERIK T. HOWARD P.L.S. 7648 ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. CITY CLERK'S STATEMENT I, ANTHONY MEJIA, CITY CLERK AND EX-OFFICIO ASSESSOR OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, STATE OF CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE DAY OF ,--,'iJn"non:-.,,~r , 20 , DULY APPROVED THE WITHIN MAP OF T~NO. 36914, ANO DID ACCEPT ON BEHACl"'""OF THE PUBLIC, THE DEDICATION OF LOT "A", OFFERED FOR STREET AND PUBLIC UTILITY PURPOSES; THE OFFER OF AN EASEMENT OVER LOT "J" FOR RECREATIONAL PURPOSES, SHOWN AS "OPEN SPACE"; THE OFFER OF EASEMENTS OVER LOTS "B" THROUGH "G", INCLUSIVE, SHOWN AS "PRIVATE STREET"(S), OFFERED FOR PUBLIC UTILITY AND SEWER PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL; THE EASEMENTS SHOWN AS •5• AND 1 o' PUE", ALONG AND ADJACENT TO LOTS "B" THROUGH "G", INCLUSIVE, SHOWN AS "PRIVATE STREET"(S), OFFERED FOR SIDEWALK, PUBLIC UTILITY AND SEWER PUR~SES; THE 20' AND 30' WIDE EASEMENTS FOR PUBLIC UTILITY PURPOSES OVER~OT 57 SHOWN AS A , THE 20' WIDE EASEMENT F R SEWER PURPOSES OVER LOT 57 SHOWN AS B , THE 20' WIDE EASE ENT OVER LOT 57 SHOW AS ~. FOR EMERGENCY VEHICLES INGRESS AND EGR SS PURPOSES; THE 7' WIDE EASEMENT FOR PUBLl~TILITY, LANDSCAPE AND PEDESTRIAN PURPOSES OVER LOT 57 SHOWN AS CF), AND THE OFFER OF EASEMENTS OVER ALL OF LOTS "H" THROUGH "P", INCLUSIVE, SHOWN AS '°6PEN SPACE" FOR SIDEWALK, PUBLIC UTILITY AND SEWER PURPOSES, ALL AS DEDICATED AND SHOWN WITHIN THIS MAP. WE HEREBY PURSUANT TO SECTION 66434(G) OF THE SUBDIVISION MAP ACT, THE FILING OF THIS MAP SHALL CONSTITUTE ABANDONMENT, WITHIN THE BOUNDARY OF THIS MAP, OF A PORTION OF THAT CERTAIN RIGHT-OF-WAY FOR SOUTH BELARDO ROAD, GRANTED TO THE CITY OF PALM SPRINGS, RECORDED 04/09/2004, AS SHOWN ON DOC. NO. 2004-0257127, OFFICIAL RECORDS Of RIVERSIDE COUNTY, CALIFORNIA, AND NOT SHOWN HEREIN, EXCEPT FOR THE PORTION OF THE PUBLIC UTILITY EASEMENT OVER ~~ BJ~~~li ~ (PUBLIC STREET), LOTS 48 THROUGH 56, INCLUSIVE AND LOTS "J" AND "K" SHOWN THE TENTATIVE MAP FOR SAID TRACT MAP WAS APPROVED BY THE CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE 21ST DAY OF SEPTEMBER, 2016. DATED: ______ _ BY: c"'ITY,.,,C"LHER"'K'AN""'D ..... E"'X-'O"'F5FlC""IO ....... AS""S""'Es""s""oR""'OF ........ TH,,..E CITY COUNCIL OF THE CITY OF PALM SPRINGS MAPS AT PAGES ____ AT THE REQUEST OF THE CITY CLERK OF THE CITY OF PALM SPRINGS. NO. __________ _ FEE __________ _ PETER ALDANA, ASSESSOR-COUNTY CLERK-RECORDER BY: ___________ DEPUTY SUBDIVISION GUARANTEE BY: FIRST AMERICAN TITLE COMPANY TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE S _____ _ DATED: ______ ,20_ MATT JENNINGS COUNTY TAX COLLECTOR BY: ___________ , DEPUTY TAX BOND CERIIEICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF ·==--===~=-== HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL, ANO ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATED: _______ ,20_ CASH TAX BOND MATT JENNINGS COUNTY TAX COLLECTOR BY: ___________ , DEPUTY ABANDONMENT NOTE PURSUANT TO SECTION 66434(G) OF THE SUBDMSIOff MAP ACT, THE FIUNG Of Tl-flS MAP SHALL CONSTITUTE ABANDONMENT, WITHIN THE BOUNDARY OF THIS MAP, A PORTION OF THAT CERTAIN RIGHT-OF-WAY FOR SOUTH BELARDO ROAD, GRANTED TO THE CITY OF PALM SPRINGS, RECORDED 04/09/2004, AS SHOWN ON DOC. NO. 2004-0257127, OFFICIAi. RECORDS OF RMRSIOE COUNTY, CALIFORNIA, AND NOT SHOWN HEREIN, EXCEPT FOR THE PORTION Of lt1E PUBLIC UTILITY EASEMENT OVER SOUTH BELARDO ROAD (PUBLIC STREET), LOTS 48 THROUGH 56, INCLUSIVE AND LOTS "J" AND "K" SHOWN AS®• ON THIS MAP. SOIL$ REPORT PURSUANT TO SECTION 66490 OF THE SUBDMSION MAP ACT, A PRELIMINARY SOILS REPORT, PROJECT NO. 544-15164, FILE NO. 15-07-310, WAS PREPARED BY SIADOEN ENGINEERING, DATED JULY 28, 2015 AND IS ON FILE WITH THE CITY OF PALM SPRINGS, ENGINEERING DEPARTMENT. SIGNATURE OMISSIONS SEE SHEET 2 NOT ARV'S ACKNOWLEDGMENT SEE SHEET 2 J.N. 2478 9IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 5 SHEETS TRACT MAP NO. 36914 BEING A SUBDIVISION OF A PORTION OF LOT 13, AS SHOWN BY MAP ON PALM VALLEY COLONY LANDS ON FILE IN BOOK 14 PAGE 652 OF MAPS, RECORDS OF SAN DIEGO COUNTY, BE:ING IN SECTION 23 AND A PORTION OF EAST 1/2, SOUTHEAST 1/ 4, NORTHEAST 1 / 4, BE:ING IN SE:CTION 22, TOWNSHIP 4 SOUTH, RANGE: 4 EAST, SAN BERNARDINO MERIDIAN A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INOMOUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, ANO NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA ) ss COUNTY OF ______ _, ON ________ , BEFORE ME _________ A NOTARY PUBLIC, ~~s~~~~:o ~~~~E~,..,N--::TH:-,E::-=-BAS=c-::IS-0:-::F:-,SA::-:-::,TIS:-::Fc,-,AC=TO-=-=RY::-,-:EV:-:1=-oE::'.'N'.-:-CE=-=-To=-=-BE=-=TH--::E:-,P:-::E=-Rs:-:o-N""'{s.,...) -W-HO:-:Scc--E NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), ANO THAT BY HIS/HER/THEIR 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. :.N~~~M~;l~~~~\=FF=ICI-AL-S=EAL~. - MY PRINCIPAL PLACE OF BUSINESS IS _______ COUNTY. NOTARY PUBLIC IN AND FOR SAID STATE NOTARY -COMMISSION NO. (PRINT NAME) NOTARY'S ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDMDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA ) ss COUNTY OF ______ ~ ON ________ , BEFORE ME _________ A NOTARY PUBLIC. PERSONALLY APPEARED _________________ ~-- WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), ANO THAT BY HIS/HER/THEIR 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. :.N~~~M~; I ~~:~\=FF1=c ""'1AL-s=EAL~. - MY PRINCIPAL PLACE OF BUSINESS IS _______ COUNTY. NOTARY PUBLIC IN ANO FOR SAID STATE NOTARY COMMISSION NO. (PRINT NAME) <19 MSA CONSULTING, INC. JULY -2019 LOT 57 IS FOR CONDOMINIUM PURPOSES RAMON ROAD : i i ol I I I I ~ I I ~ .J_..1 I lo: I I ~ e_--~ -:-H,- --~ I I ~ (i I I u l_l ____ _J_LJ_ e , , , ,=..,.ii \_ ---- 1------- L I AVENUE • VICINITY MAP N.1.~. E. PALM CANYON DRIVE HIGHWAY Ill SIGNATURE OMISSIONS PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURE{S) OF THE FOLLOWING OWNER(S) OF EASEMENTS ANO/OR OTHER INTERESTS HAVE BEEN OMITTED, AS THEIR INTERESTS CANNOT RIPEN INTO FEE. J.G. McCALLUM, H.C. CAMPBELL, O.C. MILLER, AND JAMES ADAMS, HOLDERS OF RIGHTS TO LAY AND MAINTAIN IRRIGATION DITCHES AND PIPELINES PER INST. REC. 2/4/1891, IN BK. 173, PG. 370, O.R. TITLE GUARANTY AND TRUST COMPANY, HOLDER OF AN EASEMENT FOR PIPELINES, PER INST. REC. 5/14/1927, IN BK. 713, PG. 397, O.R. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, HOLDER OF A TEMPORARY CONSTRUCTION EASEMENT PER INST. 86-228422, REC. 9/8/1986, O.R. DESERT WATER AGENCY, HOLDER OF RIGHTS FOR PIPELINES AND INCIDENTAL PURPOSES, PER INST. NO. 314879. REC. 08/23/1990, O.R. AND INST. NO. 47999, REC. 02/13/1991, O.R. SOUTHERN CALIFORNIA EDISON, HOLDER OF RIGHTS FOR POLE LINES, CONDUITS OR UNDERGROUND FACILITIES AND INCIDENTAL PURPOSES, PER INST. NO. 456834, REC. 12/18/1990, O.R. AND INST. NO. 90-456833, REC. 12/18/1990, O.R. STATE OF CALIFORNIA, HOLDER OF AN EASEMENT FOR HIGHWAY PURPOSES PER INSTRUMENT REC. 07/24/1957 IN BK. 2123, PG. 290, O.R. SOUTHERN CALIFORNIA GAS COMPANY, HOLDER OF AN EASEMENT FOR UTILITIES AND INCIDENTAL PURPOSES. PER DOC. NO. 2020-0623584, O.R. EASEMENT NOTES & AN EASEMENT IN FAVOR OF THE CITY OF PALM SPRINGS, FOR UTILITIES ANO INCIDENTAL PURPOSES, PER INST. NO. 314878, REC. 08/23/1990, 0.R. &. AN EASEMENT IN FAVOR OF DESERT WATER AGENCY, FOR PIPELINES AND INCIDENTAL PURPOSES, PER INST. NO. 314879. REC. 08/23/1990, O.R. & AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON, FOR POLE LINES, CONDUITS OR UNDERGROUND FACILITIES AND INCIDENTAL PURPOSES, PER INST. NO. 456834, REC. 12/18/1990, O.R. &_ AN EASEMENT IN FAVOR OF DESERT WATER AGENCY, FOR PIPELINES AND INCIDENTAL PURPOSES, PER INST. NO. 47999, REC. 02/13/1991, O.R. &. AN EASEMENT IN FAVOR OF THE CITY OF PALM SPRINGS, FOR STREETS, HIGHWAYS, UNDERGROUND SEWERS, PUBLIC UTILITY INSTALLATIONS AND OTHER APPURTENANT USES AND INCIDENTAL PURPOSES, PER INST. NO. 2D04-0257127, REC. 04/19/2004, 0.R. ffi AN EASEMENT IN FAVOR OF THE CITY OF PALM SPRINGS, FOR RIGHT-OF -WAY, UNDERGROUND SEWER, PUBLIC UTILITY PURPOSES AND INCIDENTAL PURPOSES, PER INST. NO. 89-380350, REC. 11/01/1989, O.R. &. AN EASEMENT IN FAVOR OF THE CITY OF PALM SPRINGS FOR STREET RIGHT OF WAY AND PUBLIC UTILITY PURPOSES PER INST. NO. 6664 REC. 01/30/1956, O.R. ffi AN EASEMENT IN FAVOR OF THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES PER INST. REC. 07/24/1957 IN BK. 2123, PG. 290, O.R. ~ AN EASEMENT IN FAVOR OF THE CITY OF PALM SPRINGS FOR TEMPORARY CONSTRUCTION, PER DOC. NO. 2020-0453040, REC. 09/23/2020, O.R. 10. AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY, HOLDER OF AN EASEMENT FOR UTILITIES AND INCIDENTAL PURPOSES, PER OOC. NO. 2020-0623584, 0.R. (BLANKET IN NATURE). @ INDICATES DEDICATED 20' AND 30' WIDE EASEMENT FOR PUBLIC UTILITY PURPOSES. @ INDICATES DEDICATED 20' WIDE EASEMENT FOR SEWER PURPOSES. @ INDICATES DEDICATED 2' WIDE EASEMENT FOR STORM DRAIN AND LANDSCAPE PURPOSES. @ INDICATES DEDICATED 20' WIDE EASEMENT FOR EMERGENCY VEHICLES INGRESS AND EGRESS PURPOSES. © INDICATES PUBLIC UTILITY EASEMENT TO REMAIN. © INDICATES DEDICATED 7' WIDE EASEMENT FOR LANDSCAPE AND PEDESTRIAN PURPOSES. J.N. 2478 10IN TH£ CITY OF PALM SPRINGS, COUNTY OF RIVE:RSIDE:, STAT£ OF CALIFORNIA SHEET 3 OF 5 SHEETS !J (N89"35"5 8"W 131418")R4 TR'ACT ''AP NO 36914 fi !~ gnrn: ! :1:rn:1 =~= SUNNY DUNES ROAD ~ M M • fE:--1\.,----., __ _J __ N 89"36'05• w 1314.69' _____ (PUBLIC STREET) _ BE:ING A SUBDIVISION OF A PORTION OF LOT 13, AS SHOWN BY MAP ON PALM VALLEY COLONY LANDS ON FILE 55~5a6/ 8 R1~, ESTABLISHED 65~5~:io·R •• IN BOOK 14 PAGE 652 OF MAPS, RECORDS OF SAN DIEGO COUNTY, BE:ING IN SE:CTION 23 AND A PORTION OF £AST 1/2, \~~~ ~~;Jl ~~f' ;, ~ :J. '':oN~ or lei~~ ~fll i~• 22 ;, 2! SOUTHE:AST 1/ 4, NORTHE:AST 1/ 4, BEING IN SECTION 22, TOWNSHIP 4 SOUTH, RANG£ 4 £AST, SAN BE:RNARDINO M£RIDIAN I I; ·25't 22 ') R• ;: GD MSA CONSULTING, INC. JUL y -2019 --1-i~-L --- ----,l~\"i. -- --~ LOT 57 IS fOR CONDOMINIUM PURPOSES SURVEYOR'S NOTES 1 :--I ~~~ 'I lb, -----~ THE MSIS OF -FOR THIS MAP IS THE CENTERLINE Of SEV.ROO ROAD fr /J) '°" ~ ' --..._ ~ ~r,. ~ rr OF SECTION. 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M .. ,s SHOWN ON I ;:;-I TAHQUITZ CR[[K ,! c,,~~ ~ ~i---~ CURVE DATA ~c6,~-gj,'fil~.IN ~1hlttT ~~-~2!3J!;l~UCH 5 • OF 1 , I ,; I CHANNEL ~\ [;I, \J!j .,. !'~• ~ ~ ..( I w. ~" ~•• -• '"'~ ro•~ -~ ~ •~ ,l':l~ 1 ? "' --~ a 1 ~ ---,.,.\ _ IQ ~ g; g~~; ~ ::;g:: :~:~~ o INDICATES SET 1 • J.P. "PLS 4999•, Fl.USH. UNLESS NOTED OTHERWISE ool(l ill I !=-, , • IJ) -._ ;::-r-I CJ or4JJ4 20Jo.oo 61.16 6 INDICATES SET 1-1 4• BRASS DISK STAMPEO "PLS 4989', · I "~ :ii N ee-48•31 • w Q:' / -( 16 I!! 0 J "!;;;I c4 15•38 43 905.37 241.22 b'i\\lllwlfE"-c. PA½ (RIV. co. sTo. lYPE "B" MON .). UNLESS NOTED e s .,.N. ESP .., R '--._ ,· • S! I :::.:::.1 cs 172539 915,37 218.43 .,--PER R2 I (N 89"37'41\" l'f 656,85') fl2'/ 15 gt ~,:1 ~~-"' PER ~ Q:' "'"' l C8 12"42 09 756,78 167.78 (-) INDICATES RECORD DATA ,,. ;;-.._--__1!~748 W 656.12 I 16 26.tl ' 17 ~ 10' 3'3'~ C7 23'2416 716.78 292.79 (CALCUlATEO) ~ • -j-3 .88' (322.89') R2•-JJ3.84'J.33J,90') R2 • I --..._ 7 I , , I C7 23'25 13 7 16,78 292.99 R5 R1 INDICATES RECORD DATA PER RECORD Of" SURVEY, RS 57/3-16. \ . : I 293.08 -----(N :J~~~;~!;/;;7J]7') R2 • I ~~I I g: g;~~~~ ;:::;: 1~~::~ R5 R2 INDICATES RECORD DATA PER RECORD Of" SURVEY, RS 77/1-5. / :;i~ 63. • 27J,5r---._ ;:: e C9 28"1345 148.50 73.16 RJ INDICATES RECORD DATA PER RECORD OF" SURVEY, RS 74/80. t Oo I ..-,-;;----.a:=y"l on C10 32"3537 784.50 446.28 / '\._ /~'-._ ~ C11 171557 905_37 272,83 R4 INDICATES RECORD DATA PER TRACT MAP NO. 30454, M.B. 329 20-22. , 1 '\..._ _ _,.;,,_-,-,____,____,____L__ ....... L._ r C12 10'3624 766.78 141.95 R5 INDICATES RECORO DATA PER TRACT MAP NO. 33575. M.B. 446/17-20. lJ ~ g :; ;::~~ ~ ;:g: ;!::~~ ~';'1-CUlATED) it INDICATES CENTERLINE I ;, 12 n---,--+--,--,.-,..::..:_"_ ---U I R/W INDICATES RIGHT-Of-WAY ~ ~---•~~T w~-~ I :;;.. I @ ON I SHEET 4 PUE INDICATES PUBLIC UTILITY EISEMENT DEDICATED HEREON FOR S!::J I-2& 27 28 ~ • ,~ i PUBLIC UTILITY PURPOSES ~ I ------< 0 , / i'S:! i3 / LINE DATA S.f .N. INDICATES SEARCHED FOUND NOTHING ...I ~ • o, /'f ESP INDICATES ESTABLISHED BY SINGLE PROPORTION "'"'1o I 48 Ii; t r-,'--+---f--+...._..1._ ~ / If , .... IQ I NO. oo~~G E J7~~~TH INDICATES GRID DISTANCE MULTIPLIED BY A SCALE FACTOR OF 1.0000352 ~ 1-------j w II! l<"' i-,·;;;, I ~ ~ 02"5503 E 91 .79 TO OBTAIN CROUNO DISTANCES. .; .... ~r, 11 ~ 26 ~ / /I kf '": L3 N 01·0115 w 2993 SET NAIL ANO TAG IN CURB ON THE PROLONGATION OF ALL SIDE LINES. PI P/-11 \.._ L4 N 89"51 01 w 10:32 STAMPED "PLS 4989", IN LIEU Of THE FRONT LOT CORNERS. --... ~~~~~ ... s L4 .-,. 1 LS N 31 "5325 E 131 .07 (CALCUlATEO) SET 1· I.P. WITH PLISTIC PLUG STAMPED •pLS 4959•. SET NAIL ANO :":":i 111 ...I -10 ' J:,~ ~~ ~ ~;:~;!~ : ~~~:: ~d~GC~fi,[~~~i1~~g ;~~-:~ 9 ~RO~ik,.~ 0i1JA :/l:::;.. ------< Z //flv; /,.._ CL7l N Jl"J9 56 E 131.04 R5 LOT CORNERS, B.C. S, E.C. S ANO ANGLE POINTS, UNLESS OTHERWISE NOTED . ::C::O b I :$ M""""-.-~-.--,...._-..:.:.· J~lfl I L8 N 00'2023 E 16.10 lOt~IMA • 12.7112 ACRES bb0 112 Q r:,.' o: L9 N 29"5250 W 16.61 • 117 ~ oo zl 0 .Jf J '1:, LIO N 31"5325 E 74,05 • 1 z z 5 a, / /;f, ;f."> / L11 N 00'42 12 W 24.35 • B 0 8 8 10 t1 /\10' ::: I t:,.:: L12 N 89'1700 E 43.73 • C, tJ l''f l1ir,---~~: ~ ~f.~~!~ : ~~;3 ~7 MONUMENT NOTES / ~'/ ,:,. ;!... ~ [I) FD, 1" I.P .. W/PP STAMPED "LS 4146", fWSH, NO RU. ACCEPTED AS A RESET OF 3/4" RCFC 15, '/ ' ~ C) I.P. ANO THE SW COR. Of M.B. 329/20-22, PER M.B, 329/20-22. f\.. /, I,. / ~ Cy l ri7 FD, COPPERWELD STAMPED "LS 4141!,",.£1.USH._AGREES WITH TIES PER CR 13-0179, 0.26' s . OF ,$!' / ~ TRUE INT-X ANO CR 15-0844. APP'-""'> TO ~E A RESET AT POSmON Of FD. MON. SHOWN ' 1/ ~ I I CY I\ I 0 .22' s . Of LINE, ACCEPTED ,S POINT ON C/L Of SOUTH BELARDO ROAD PER M.B. 329/20-22. LOT •A• 'If.~ ~ \...._ rn FD. G.LO. BRASS CAP, STAMPED "N. 1/16 S22/S23 1923", ON . 0.3', IN MON. WELL. ACCEPTED • 10' V,~ / Q. (o\/ ,S THE 1/16 COR . SEC. 23. PER RS 57/3-16 AND RS 77/1 -5. ~C, f\....r,-~ ~ [!j S.f .N. CALIF. BRASS DISK FD. PER M.B. 446/17-20, DESTROYED BY CONSTRUCTION Of MEDIAN ~~~ 4 J..... • j IMPROVEMENTS TO BE RESET BY M.B. 446/17-20. 'J: (; (J (o [[) FD. 2 -1 /2" BRASS DISK STAMPED 680+0J.89 O.N 1.2" IN MON . WELL. ACCEPTED ,S C/L B.C. ~ f"-~ ~ ~• PER M.B. 446/17-20. . . ~~ ~---I 1!! [!j FD. 2 -112· BRASS OISK, STAMP "CA OOH 682+31 .76 C/L IMP" ON. 1.2· IN MON , WELL, :ll V ... "-/ ACCEPTEI> ,S C/L E.C., PER M.B. 446/17-20. , ~ I, ~ W FD. 1• 1.P, OPEN ON, 0.9" IN MON. WELL, ACCEPTED ,s E. 1/4 COR Of SEC. 22. PER M.B. fr ..., 1/, 4 446/17-20 ANO CR 14-0481, S 1/2 ;;:" ;!?9° ,/t IQ\ II) FD. ~4• I.P. Wll..AG ILLEG. ON 0,5', ACCEPTED AS THE C/L INT-X Of MESQUITE AVENUE ANO SE l / 4 ~ _: t, c'J ., / "\CJ'" RAN M ROAD ER M.8 . 446/17-20. SE 11 4 "'11.: , I °' -[I] FD. BRASS DISK ILLEC, IN CONC. ON. 0.5' IN MON. WELL C/L IMP 693+06,57, PER CR 13-031 , -;;;, / 0 1 ACCEPTED ,s A POINT oN TANGENT 2 .96' s. OF REC. e.c . PER M.B. 446/11-20. NE 1/4 1,8 <-""'1 [Qj FD. COPPERWELD STAMPED "LS 4146" FLUSH. ACCEPTED ,S THE C/L INT-X Of MESQUITE c / oa::8 AVENUE ANo sol/TH BELARoo ROAp_. PER cR 13-0181 . 3/4" 1.P. 2.99' wEST PER Rs 1111-s. I -' =· N 70'48'44" W ~ DESTROYED BY STREET IMPROVEMEN1S. ~ \ Ei I I ! / :IE [j} FD. N&T "RCE 8630" FLUSH IN ROCK. ACCEPTED ,S NE COR. SE 1/4, SW 1/4, NE 1/4, OF :! I I ~ 1 18 / if:! 2!:l l o· 100· 200· JOO' 400• SEC. 22. PER RS 77/1 -s . ~ °' ~L / I"' ~ ( ~~ ------ll1] ro. J/4" 1.P. w/TAG Rcrc & wco ON 0.1·. ACCEPTED ,s 1NT-x oF s'/Y RcFc R/W AND w'LY !l _____________ __,/2 ;!: 23 ,C----• , -LINE Of SE 1/4, NE 1/4 PER RS 77/1 -5. ~:i J !!:. 10 mg~:1 =~= 7 MES'xu.TEAVENUE a: B SCALE 1 -100 ~ FD. J,g· I.P. ~f.AG RCfC & wco ON 0.1', ACCEPTED ,s ANCLE POINT ON S'LY RCfC R/W, 5488' 654J7' -'--311l::::+-.. •r~ STREET) PER J7/l · ----N 89"40'18" W 1309~ ------IQ J// --N 8°9'42'25" E 77•56'it IHI FD. Jt" 1.P. Wf.AG RCFC & WCO ON 0. 1', ACCEPTED ,S NW COR. RCfC PARCEL 6060-J11A, "' "·" 1: :::r:::~: : : i:rn l :;: $ 1, >. " , / ,, ff ao·oo · ' "' "' "' = ' n1•-DESTROY'ED ESTABLISHED (N 59·40 26· w 1309 •9 > RJ ,,.': /1' ::! _____. 'sR "fa sEE SHEET 2 FoR EASEMENT NOTEs ~ ro. 3~4• 1.P. WIJAG RCfC ... wco ON 0 .1·. ACCEPTED ,s ANGLE POINT ON s 'LY RCfC R/W :p=roos :1~-tsfANCTs ARE -&5457• 'c., . l;;;; (CB) RS SEE SHEETS 4 AND 6 FOR LINE E~ RS 7 /1-5. . . IN AGREEMENT WITH R2 774.}.6 .-b-9 DETAILED LOT DIMENSIONS ljc1 FD. 3/4 I.P, W/TAG RCfC & wco ON 0 .1, ACCEPTED ,S INT-X OF SLY RCfC R/W ANO s . '" 00''°'" • o ~ LINE OF N 1/2, NE 1/4, SE 1/4, NE 1/4 Of" SEC . 22 PER RS 77/1 -5. I:' ~ (f) INDICATES SHEET NUMBER li2I rER l(s4" 7 ~j 1 ~(1AG RCFC & WCO FLUSH, ACCEPTED ,S ANGLE PO INT ON S'LY RCFC R/W LINE J.N. 2478 11I I _T_ SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET S FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS --\-----N8ru·.a· w CURVE DATA NO. ~ C26 C27 C28 C29 C30 m m CJJ CJ4 ill CJ6 ill ~ ill lli C41 C42 m ~ C45 ~ C47 _<;_48 CURVE DATA DELTA 92"09'0J 04'59'57 04'59 57 04'59 57 OS-JJ'45 OS-JJ 45 15"49 24' 02"2710 04'59'57 ~7 20'06 07 05"rn1 09'46'59 09"J6 J6 00'52'21 OZ_49'16 01•·15•20 00'52 21 02'Wi"6 01'1B20 00'59'.a 02"J4'5J 01·25•1~ 00'59'.a SHEET 4 OF 5 SHEETS IN THC CITY OF PALM SPRINGS, COUNTY OF RIVCRSIDC, STAT£ OF CALIFORNIA TRACT MAP NO. 36914 Bf/NG A SUBDIVISION OF A PORTION OF LOT 13, AS SHOWN BY MAP ON PALM VALLEY COLONY LANDS ON FILE IN BOOK 14 PAGE 652 OF MAPS, RECORDS OF SAN DIEGO COUNTY, Bf/NG IN SECTION 23 AND A PORTION OF EAST 1/2, SOUTHEAST 1 / 4, NORTHEAST 1 / 4, Bf/NG IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN LINE DATA BEARING I LENGTH E 125.18 E 97.18 E_l9J.79 E 122.2J E -J4J.7J W l24.J5 w ~ W 86.07 E 105.33 W JB4.32 E J 105.00 (19 MSA CONSULTING, INC. JULY -2019 LOT 57 IS FOR CONDOMINIUM PURPOSES /:V-~7 I -®- -o· 50• 100' 150' ~ SCALE 1"=50' I ... I J ~I IC I ! m 1 l j DETAIL •9• 200· I DETAIL "A" NOT TO SCALE 48 49 60 J.N. 2478 12SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 36914 BEING A SUBDIVISION OF A PORTION OF LOT IJ, AS SHOWN BY MAP ON PALM VALLEY COLONY LANDS ON FILE IN BOOK 14 PAGE 652 OF MAPS, RECORDS OF SAN DIEGO COUNTY, BEING IN SECTION 2J AND A PORTION OF EAST I /2, SOUTHEAST 1/4, NORTHEAST 1/4, BEING IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN Cl9 MSA CONSULTING, INC. LINE DATA LENGTH ~ E I 165.21 w IJS:i7 t_______lli.74 L_~,91 ; I~:~ W 111.23 W 180.94 IS roR CONDOMINIUM ·®· ~ o' so· 100' ~ SCALE 1 "=50' 150' 200' ! {Cry ~ I!~ j l~ ., ·"' 1rJ / ,,........, DETAIL •c• NOT TO SCALE SHEET 5 OF 5 SHEETS 61 62 ~ IC 01 fi'! I < iii :c !:;1 T 64 I 1: II~ 111 I 2' •l@ 66 20' ® LOT •K• DETAIL •A• NOT TO SCALE 67 DETAIL •e• NOT TO SCALE J.N. 2478 13ATTACHMENT 3 14RECORDING REQUESTED BY: CITY OF PALM SPRINGS AND WHEN RECORDED MAIL TO: City of Palm Springs P. 0. Box 2743 Palm Springs, CA 92263 Attn: Office of the City Clerk SPACE ABOVE FOR RECORDER ONLY Filing fee EXEMPT per Government Code 6103 SUBDIVISION IMPROVEMENT AGREEMENT Far West Industries and The City of Palm Springs, California THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) 15TABLE OF CONTENTS 1. Construction Obligations ............................................................................. _ ........ 1 1.1 Works of Improvement ............................................................................... 1 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 ................................................................................. 2 1.6 Changes in the Work ................................................................................. 2 1 . 7 Defective Work .......................................................................................... 3 1 .8 No Warranty by City ................................................................................... 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 ................................................................ 9 165. 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 ........................................................................ 1 O 6. Acceptance of Offers of Dedication .................................................................... 1 O 7. Warranty of Work ................................................................................................ 1 O 8. Default ................................................................................................................ 1 O 8.1 Remedies Not Exclusive .......................................................................... 1 O 8.2 City Right to Perform Work ...................................................................... 1 O 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 ......................................... 11 11. Corporate Authority ............................................................................................ 11 2 17SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this _____ day of ________ , 2020, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and Far West Industries, A California Corporation (Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 36914 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, Subdivider, by the Map, has offered dedication to the City of Palm Springs; an easement for street and public utility purposes, Lot "A" as public street; an easement for recreation purposes Lot "J" as open space; an easement for public utility and sanitation purposes, together with the right of ingress and egress for service and emergency vehicles and personnel over Lots "B" through "G" inclusive; an easement for public utility purposes shown as "1 O' PUE" along and adjacent to Lots "B" through "G" inclusive; an easement for sidewalk, public utility and sewer purposes over Lots "H" through "R" inclusive. 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. 1 181.1 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 $4,000,000.00. 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 man ument( s). 2 191 .5 Performance of Work. Subdivider shall furnish or cause to be furnished all materi~ls, 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 20direct 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 mate rials 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 21Improvement 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) years after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon demonstration of good cause, subject to review and approval by the City Council. 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, Subd ivider'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, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the 5 22date 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 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of 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. In connection with its performance under this Agreement, Subdivider shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Subdivider shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Subdivider certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Subdivider activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Subdivider is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. This provision shall also apply to any contractors or subcontractors engaged in construction of the Works of Improvement. 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 6 23Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes 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 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 $4,000,000.00 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 $2;000,000.00 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 $18,000.00 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 $600,000.00 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: 7 24(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 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 Requirements 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 8 25under 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 (exp iring in not less than one (1) year, unless City agrees to a lesser term in City's so le and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration 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 9 26such 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 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 ~ecome 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 10 27such 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. 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 11 28Security 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 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 (I) 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 29IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By __________ _ Anthony J. Mejia, MMC City Clerk/ City of Palm Springs APPROVED AS TO FORM: Jeff Ballinger City Attorney / City of Palm Springs SUBDIVIDER: David H. Ready, City Manager/ City of Palm Springs Far West Industries, a California Corporation Check one: _Individual _Partnership 1 Corporation*_Company *Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. Name: .£..o/J_ f::.:~";/ Title: Ire.~,-~ (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) Name: £. I/ L 's:so V Title: 5:-ue-~/ / 7 For Corporations, this document must be signed in the above space by one of the following: Secretary, Chief Financial Officer or any Assistant Treasurer) 13 30Mailing Address: 2922 Daimler Street Santa Ana, California 92705 (949) 224-1970 (949) 224-1963 (fax) 14 31ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ____ O"'""""'R"---'A"'-'-N~G-=-E _______ ___ On November 30, 2020, before me, Ira D. Glasky, NOTARY PUBLIC, personally appeared Scott Lissoy, who proved to me on the basis of satisfactory evidence to be the personfst whose namefst is.Lafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity~, and that by his/her/their signaturefs1 on the instrument the personfs1, or the entity upon behalf of which the personfs1 acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur~ S->-----1··················· • IRA 0. GLASKY Notary Puldic • Callfornl f i Oranp County I z Commission II 2184907 ~ Jo o • o e ,;Ml t0T"l: :xtrts :r :6}~21J. (Seal) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. DESCRIPTION OF ATTACHED DOCUMENT: Title or Type of Document: SUBDIVISION IMPROVEMENT AGREEMENT ---------------------------Date of Document: ________ _ Number of Pages: 17 including notary acknowledgments---Signer(s) Other Than Named Above: Anthony J. Mejia. Jeff Ballinger, & David H. Ready, City of Palm Springs ------Signer's Name:__,S=c=o=tt-=L=is=s=--ov,___ ___________________________ ~ • Individual lt1 Corporate Officer -Title: .:...P.:..::re=s=id=e..:....:.nt::....:&=-=S-=e=cr-=e=ta:..:...1rv,___ __________________ ~ • Partner -• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: Far West Industries 32EXHIBIT "A" TRACT MAP 36914 LEGAL DESCRIPTION Tract Map No. 36914, as recorded in Map Book __ , Pages __ through __ inclusive, records of Riverside County, California. 16 33EXHIBIT "B" TENTATIVE TRACT MAP 36914 CONDITIONS OF APPROVAL 17 34,,. Resolution No. 24100 Page 13 Planned Development District Major Architectural Application and Tentative Tract Map 12.38-acres on west side of South Palm Canyon Drive, south of Tahqultz Creek and East of Belardo Road 777 South Palm Canyon Drive September 21, 2016 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADDED CONDITIONS: PCC 1. A rock crushing test shall be conducted on site and shall be monitored and evaluated by the environmental monitor engaged by the City to monitor conformance to the mitigation monitoring program. Should the test exceed noise or air quality standards identified in the environmental study, on-site rock crushing shall not be permitted. PCC 2. Unless approved otherwise by the Planning Commission, a 50/50 mix of one-and two-story homes shall be provided on northerly and westerly edges of the site. Where two-story homes are constructed in these locations, they shall be limited to the product type that has the second story near the internal streets. PCC 3. Rentals of homes, including casitas, are permitted for no less than a 30-day rental period. Casitas shall not be rented separately as a vacation rental. PCC 4. Wall design facing Tahquitz Creek to return to AAC for review. PCC 5. Privacy and orientation of second floor space to be considered when determining final product types for each single-family home site. PCC 6. Developer to landscape/improve south side of Tahquitz Creek. Developer to provide cash bond for construction of Palm Canyon Drive undercrossing, consistent with the Tahquitz Creek Master Plan. 35Resolution No. 24100 Page 14 PCC 7. Vehicular gates are not allowed (see also PLN 18). PCC 8. Further refine the westernmost houses on Belardo to address the slope conditions as a part of the Final PD review. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case (5.1378 PD 379 ZC / 3.3876 MAJ/ TTM 36914), except as modified with the approved Mitigation Monitoring Program and the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, tentative tract maps, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Tentative Map. This approval is for Tentative Tract Map 36914, date stamped September 12, 2016. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1378 PD 379 ZC / 3.3876 MAJ / TTM 36914. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter or pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City 36Resolution No. 24100 Page 15 retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 7. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements Including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 8. Time Limit on Approval. Approval of the Planned Development District (PD), Tentative Tract Map (TIM) and Major Architectural Applications (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time for the PD and MAJ may be granted by the Planning Commission upon demonstration of good cause. Extensions of time for the TTM may be approved pursuant to Code Section 9.63.110. Such extension shall be required in writing and received prior to the expiration of the approval. ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the 37Resolution No. 24100 Page 16 area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation Improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). ADM 12. CC&R's The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. These CC&R's may be enforceable by the City, shall not be amended without City approval, and shalJ require maintenance of all property in a good condition and in accordance with all ordinances ADM 13. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CC&R package shall include: a. The document to convey title b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded. c. Provisions for joint access to the proposed parcels, and any open space restrictions. d. A provision, which provides that the CC&R's may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest. · Approved CC&R's are to be recorded following approval of the final map. The CC&R's may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances, ADM 14. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500, for the review of the CC&R's by the City Attorney. A $1,165 filing fee shall also be paid to the City Planning Department for administrative review purposes. 38Resolution No. 24100 Page 17 ADM 15. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ADM 16. Community Facilities District. The project will bring additional residents, visitors and activities to the community that will potentially impact the needs for public safety services beyond the City's ability to provide such services; and because such services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic and other safety services, and recreation, library, cultural services are near capacity, the City has established a Community Facilities District to which this project shall be annexed, subject to conditions of approval; and Prior to recordation of the final map or, at the City's option, prior to issuance of certificate of occupancy, the developer shall agree to support formation of or annexation into a Community Facilities District (CFO) to include the project site. Developer further agrees to waive any rjght of protest or contest such formation or annexation, provided that the amount of any assessment for any single family dwelling unit ( or the equivalency thereof when applied to multiple family, commercial or industrial) as established through appropriate study shall not exceed $500 annually per dwelling unit or dwelling unit equivalency unit, subject to an annual consumer price index escalator. Prior to sale of any lots, or prior to the issuance of any certificate of occupancy, or prior to any approval of the Building Official that will allow the premises to be occupied, the CFO shall be formed, the annexation thereto shall occur, or at the option of the City Manager and Building Official, a covenant agreement may be recorded against any affected parcel(s) with the project, evidencing the Owner's binding consent, approval, and waiver of rights as provided in this condition of approval. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Multi-species Habitat Conservation Fees. The project is within the boundaries of the both the Coachella Valley Mu1tiple Species Habitat Conservation Plan (CVMSHCP) and the Tribal Habitat Conservation Plan (THCP). The applicant shall pay applicable development mitigation fees, prior to the issuance of grading permit for THCP and prior to certificate of occupancy for CVMSHCP. ENV 2. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (City Council decision). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of 39Resolution No. 24100 Page 18 this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information. ENV 3. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. Mitigation measures are defined in the Project Mitigated Negative Declaration and summarized here as follows: AIR QUALITY: Mitigation Measures Ill (b): The following measures will further reduce emission of potentially harmful pollutants and should be included in project grading and dust control plans, as well as in construction and construction traffic staging: 1. Construction equipment, delivery trucks, worker vehicles, and haul trucks will limit idling time to no more than 5 minutes. 2. The grading contractor shall certify in writing that all construction equipment is properly serviced and maintained in goad operating conditions. Certification shall be provided to City Engineer for review and approval. 3. Diesel-powered construction equipment shall utilize aqueous diesel fuels, and be equipped with diesel oxidation catalysts. 4. A fugitive dust plan shall be prepared for the proposed project and shall be approved by the City Engineer. Said plan shall include but not be limited to the following best management practices: 5. Chemically treat soil where activity will cease for at least four consecutive days; 6. All construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour; 7. Water site and equipment morning and evening and during all earth-moving operations; 8. Operate street-sweepers on paved roads adjacent to site; 9. Establish and strictly enforce limits of grading for each phase of development; and/or 10. Stabilize and re-vegetate areas of temporary disturbance needed to accomplish each phase of development. 11. Wash off trucks as they leave the project site as necessary to control fugitive dust emissions. 12. Caver all transported loads of soils, . wet materials prior to transport, provide adequate freeboard (space from the top of the material to the top of the truck) to reduce PM10 and deposition of particulate matter during transportation. 13. Use track-out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic. 14. Construction equipment and materials shall be sited as far away from residential and park uses as practicable. 40Resolution No. 24100 Page 19 15. The following Best Control Measures (BCM) shall be utilized by the contractor, as required, to limit impacts to air quality: 1. BCM-1: Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, and track-out control. 2. BCM-2: Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, and revegetation. 3. BCM-3: Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, and revegetation. 4. BCM-4: Paved Road Dust: Minimal track-out, stabilization of unpaved road shoulders, and clean streets maintenance. 16. Existing power sources should be utilized where feasible via temporary power poles to avoid on-site power generation. 17. Imported fill and paving materials, as well as any exported material, shall be adequately watered prior to transport, covered during transport, and watered prior to unloading. 18. Each portion of the project to be graded shall be pre-watered prior to the onset of excavation, grading or other dust-generating activities. 19. On-going watering soil stabilization of disturbed soils, especially in the staging area, shall be employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each workday. 20. SCA QMD Rule 403 shall be adhered to, ensuring the clean-up of construction-related dirt on approach routes to and from the site. 21. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 22.SCAQMD Rule 1113 shall be adhered to, ensure low voe paints/architectural coatings are used on all surfaces. Monitoring Ill (b): A. Prior to the issuance of grading permits and authorization to proceed, the City Engineer shall review and approve project staging and detailed dust management plans. The dust control plan or equivalent documentation shall also address issues of construction vehicle staging and maintenance. Implementation of these mitigation measures will ensure that impacts associated with PM10 are mitigated to a Jess than significant level. Responsible Parties: City Engineer, General Contractor B. The City or its designee shall conduct daily inspections of the project and intervene when contractor deviates from City-approved plans. Daily logs shall be maintained on the activities and their conformance to the project's dust control plan. Responsible Parties: City Engineer staff or designee 41Resolution No. 24100 Page 20 BIOLOGICAL: MM IV.1 Any ground disturbing activity proposed for the period from February 1 to August 31 shall be preceded by a nesting bird survey performed by a qualified biologist. The biologist shall perform the survey within 30 days of the initiation of activities, and provide mitigation measures should nesting birds be identified. A report of findings shall be provided to the City prior to the initiation of ground disturbing activities .. CULTURAL RESOURCES: MM V-1 The applicant/developer shall provide evidence to the City of Palm Springs Planning Department that a certified archaeologist has been contracted to implement a Cultural Resource Impact Mitigation Plan (CRMMP) to mitigate potential impacts to 33-9196/CA-RIV-45 and undiscovered buried archaeological resources associated with this project. The CRMMP shall be completed to the satisfaction of the Agua Caliente THPO. The CRMMP shall include, but shall not be limited to, the following guidelines: (1) Prior to grading, the entire project area including site 33-9196/CA-RIV-45, shall be systematically graded in a controlled manner. If buried features are discovered these will be assessed for significance and considered for inclusion on the Tahquitz Canyon National Register Site 33-9196. The Project Archaeologist, in consultation with the City Planning Department and Agua Caliente THPO, shall determine the significance of the discovered resources. (2) The applicant/developer shall contract with the Agua Caliente THPO for the grading monitoring program. (3) The project archaeologist/Historian and THPO shall attend the pre-grading meeting with the contractors to explain and coordinate the requirements of the monitoring program. (4) The project archaeologist shall monitor all areas identified for development including off-site improvements. (5) Prior to grading the applicant/developer is responsible for the completion of analysis, reporting and curation of previously incomplete archaeological work started by ASM Affiliates. (6) Prior to grading the applicant/developer's archaeologist must submit a plan for inadvertent discover of human remains. (7) Prior to grading the City, applicant/developer and the THPO must agree upon potential preservation area(s) for _reburial of human remains. (8) An adequate number of monitors (archaeological/historical/Native American) shall be present to ensure that all earth moving activities are observed and shall be on-site during all grading activities for areas to be monitored. 42Resolution No. 24100 Page 21 (9) During the original cutting of previously undisturbed deposits, the archaeological monitor(s) and Native American monitor(s) shall be onsite as determined by the THPO and project archaeologist. Inspections will vary based on the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. The frequency and location of inspections will be determined in consultation with the project archaeologist, the THPO and City. (10)lsolates and clearly non-significant deposits shall be minimally documented in the field and the monitored grading can proceed. (11) In the event that previously unidentified potentially significant cultural resources are discovered, the archaeological monitor(s) shall have the authority to divert or temporarily halt ground disturbance operations in the area of discovery to allow evaluation of potentially significant cultural resources. The project archaeologist shall contact the THPO and the City Planning Department at the time of discovery. The project archaeologist, in consultation with the City and the THPO, shall determine the significance of the discovered resources. The City and the THPO must concur with the evaluation before construction activities will be allowed to resume in the affected area. (12) Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered and features recorded using professional archaeological methods. In consultation with the THPO and the City, the project archaeologist shall determine the amount of material to be recovered for an adequate artifact sample for analysis. (13)/n the event that previously unidentified cultural resources are discovered, all cultural material collected during the grading monitoring program shall be processed and curated at facility agreed upon by the City and THPO, that meets federal standards per 36 CFR Part 79. The collections and associated records shall be transferred, to an appropriate curation facility within Riverside County, to be accompanied by payment of the fees necessary for permanent curation. Title of the collection will be granted ta the Agua Caliente Band of Cahui/la Indians. Evidence shall be in the form of a letter from the curation facility identifying that archaeological materials have been received and that all fees have been paid. Upon completion of the implementation phase, a final report shall be submitted describing the plan compliance procedures and site conditions before and after construction. MM V-2 Prior to the issuance of rough grading permits, a qualified archaeologist (pursuant to the Secretary of the Interior's standards and guidelines) shall be retained by the applicant/developer. The developer shall submit a copy of a signed contract between the project archaeologist and the developer/permit holder for the monitoring of the project, and which addresses the treatment of cultural resources, ta the Planning Department. The Archaeological Monitor(s) shall have the authority to temporarily divert, 43Resolution No. 24100 Page 22 redirect or halt the ground disturbance activities to allow recovery of cultural resources. MM V-3 Prior to the issuance of grading permits, the developer/permit applicant shall enter into a contract with a Tribal manitor(s) from the Agua Caliente Band of Cahuilla Indians Tribal Historic Preservation Office (THPO) who, at the tribe's discretion, shall be on-site during ground disturbing activities. The developer shall submit a copy of a signed contract between the THPO and the developer/permit holder for the monitoring of the project, and which addresses the treatment of cultural resources, to the Planning Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow recovery of cultural resources. Native American groups shall be given a minimum notice of two weeks that a monitor is required. If a monitor is not available, work may continue without the monitor. The project archaeologist shall include in the Phase IV Archaeological Monitoring report any concerns or comments that the monitor has regarding the project and shall include as an appendix any written correspondence or reports prepared by the Native American monitor. a) Native American monitoring does not replace any Archaeological monitoring required by an approved Archaeologist, but rather serves as a supplement for coordination and advisory purposes for the Tribes' interests only. b) The developer/permit applicant shall not be required to further pursue any agreement for Native American monitoring of this project if after 60 days from the initial attempt to secure an agreement the developer/permit applicant, through demonstrable good faith effort, has been unable to secure said agreement from the Tribe. A good faith effort shall consist of no less than 3 written attempts from the developer/permit applicant to the tribe to secure the required special interest monitoring agreement and appropriate e-mail and telephone contact attempts. Documentation of the effort made to secure the agreement shall be submitted to the Planning Department for review and consideration. c) Should repatriation of collected cultural items be preferred, it shall not occur until after the Phase IV monitoring report has been submitted to the Planning Department. Should curation be preferred, the developer/permit applicant is responsible for all costs and the repository and curation method shall be described in the Phase IV monitoring report. MM V-4 Prior to brush clearing and/or earth moving activities, a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology shall conduct cultural resources sensitivity training for all construction personnel. Construction personnel shall be informed of the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains. A sign- 44Resolutfon No. 24100 Page 23 in sheet signed by all attendees of the aforementioned training shall be included in the Phase IV Monitoring Report. MM V-5 Prior To Grading Certification: The developer shall submit the archaeologist's final report, including one (1) wet-signed paper copy and (1) CD of a Phase IV Cultural Resources Monitoring Report that complies with the requirements for such reports for all ground disturbing activities associated with this grading permit. The report shall follow the Archaeological Resources Management Report format. The Planning Department and THPO shall review the report to determine adequate compliance with the approved conditions of approval. Upon determining the report is adequate, the Planning Department shall clear this condition. MM V-6 Prior To Grading Certification, the developer/ applicant shall provide evidence to the satisfaction of the Planning Department and THPO that all archaeological materials recovered during archaeological investigations have or will be curated at a curation facility, agreed upon between the City and the THPO, that meets federal standards per 36 CFR Part 79. The collection and associated records shall be transferred and are to be accompanied by payment of the fees necessary for permanent curation. Title shall be transferred to the Agua Caliente Band of Cahuilla Indians. Evidence shall be in the form of a letter from the curation facility identifying that archaeological materials have been received and that all fees have been paid. MM V-7 Removal of Human Remains. Should human remains be uncovered, California law requires that all development activity be suspended, and that the procedures established in Public Resources Code 5097. 94 be followed to determine the disposition of the remains. Compliance with the law will reduce potential adverse impacts to less than significant levels. NOISE: MM Xll-1 The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment in the Palm Springs Municipal Code. MM XII •2 Haul routes shall not pass sensitive land uses or residential dwellings and should avoid using alleyways adjacent to said uses. MM XII -3 The project contractor shall use power construction equipment with state of the art noise shielding and muffling devices. MM X/1-4 During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with 45Resolution No. 24100 Page 24 properly operating and maintained mufflers, consistent with manufacturers1 standards. MM XII -5 The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. MM XII -6 The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. MM XII -7 A six-foot high barrier should be constructed to lower exterior noise levels. Masonry wall and acoustical fencing portions of the proposed barrier should descend all the way to the ground and contain no holes or openings. MM XII -8 The project developer must show evidence that wall assembly construction of rooms being utilized for residential purposes will provide an adequate exterior to interior noise reduction to achieve interior noise levels of no more than 45 dBA CNEL. ENV 4. Reimburse City for Monitoring Expenses. The developer shall reimburse the City for the City's costs incurred in monitoring the developers compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable mitigation measures. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00 and Chapter 11.06) of the Palm Springs Municipal Code and all other relevant water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance 46Resolution No. 24100 Page 25 of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the City's Water Efficient Landscape Ordinances. PLN 3. Palm Tree Requirement. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant Washingtonia Fillifera (California Fan) palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive and/or Tahquitz Canyon Way median. The existing Robusta / Mexican Fan Palms at the Palm Canyon Drive frontage shall be replaced with California Fan Palms. PLN 4. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. The applicant shall submit a sign permit/program to the Department of Planning Services prior to the issuance of building permits. PLN 5. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of O. 75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 6. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 7. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 8. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building( s) that are visible from adjacent streets or residential and commercial areas. PLN 9. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits. PLN 10. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 11. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 47Resolution No. 24100 Page 26 PLN 12. No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. PLN 13. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by residents and visitors. Location and design shall be approved by the Director of Planning. PLN 14. Update of City's Zoning Map. Upon approval of the proposed Change of Zone, Tract Map and/or Planned Development District, the applicant shall be responsible for costs associated with update of the City's GIS based zoning maps. PLN 15. Provide 'smart controllers' for all irrigation systems. PLN 16. Public Benefit. Prior to approval of the Final Map and the issuance of any grading or other permit, the applicant shall obtain approval from Riverside County Flood Control for improving and landscaping the south side of the adjacent Tahquitz Creek trail in accordance with the Tahquitz Creek Master Plan. With the exception of the underground passage, the improvements shall occur prior to certificate of approval. PLN 17. Pedestrian Connections to Palm Canyon. The applicant shall provide at least two pedestrian connections from the Multi-family portion of the site direct to the sidewalks on Palm Canyon Drive. PLN 18. Vehicular Entry Gate(s). In accordance with General Plan Policy CD14.4, the primary vehicular access point from Belardo shall not be gated. The proposed gates shall be removed from the project. PLN 19. (Deleted) PLN 20. Development Standards. Min. Width ,Min. Depth Building Height Densi Multi-Family (MFR): -85,248 SF Sin le Famil Residential SFR : 5,000 SF MFR: 640ft min. SFR: 53ft min . . MFR: 130ft. min. SFR: 95ft min. MFR: 24ft. max. SFR: 15ft to 24 ft. max. 6,658 SF of lot area er unit includin both MFR and SFR dwellin s 48Resolution No. 24100 Page 27 Yard Setbacks i Garage-· ' ... -·· --.... Front .:• ...... --.... ... -. Side ~ Rear Pools/Spas Distance Between Bldgs. · MFR: Garages accessed via motor court SFR: 18 ft. min . MFR: 30ft from Palm Canyon Drive SFR: 1 Oft from internal street MFR: 12ft from North P/L and 30ft from South P/L SFR: 7ft and 3ft for each lot ,. MFR: 600ft+ from Belardo SFR: 5ft from property line at back of house SFR: 2ft. from side or rear property lines MFR: 20ft separation, 28-40ft on interior motor court SFR: 1 Oft separation PLN 21. Common Area Restroom. One of the bathrooms at the swimming pool complex shall be gender neutral. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. STREETS Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required. 49Resolution No. 24100 Page 28 Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. SOUTH PALM CANYON DRIVE ENG 1. Dedicate an additional 1 O feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage. ENG 2. Remove the existing curb located 32 feet west of centerline and replace with an 8 inch curb and gutter located 38 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. ENG 3. Construct a driveway approach (for emergency purposes) located at the southeast property line in accordance with City of Palm Springs Standard Drawing No. 201. ENG 4. Construct an 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210 . • ENG 5. The existing palm trees located along the South Palm Canyon Drive frontage shall be relocated and transplanted by the applicant in conjunction with the associated street widening; or the applicant may furnish and install new Washingtonia filifera palm trees along the South Palm Canyon Drive frontage, at equal spacing (Min height of 18' feet with 75% of trunk skinned). The applicant shall be responsible for installation of a new irrigation and electrical system in accordance with City of Palm Springs Standard Drawing No. 904, 1101 and 1102 for the palm trees to the satisfaction of the City Engineer. ENG 6. New or transplanted palm trees shall be guaranteed for a period of one year from the date of acceptance by the City Engineer. Any palm trees that fail during the one-year landscape maintenance period shall be replaced with a new palm tree of similar trunk diameter and height to the satisfaction of the City Engineer, and shall be subject to a subsequent one-year landscape maintenance period. ENG 7. Applicant shall enter into a reimbursement agreement with the developer of TM 33575 for 50% of the costs associated with design and construction of the off-site 14-feet wide raised landscaped median island along the entire frontage of the project. ENG 8. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire South Palm Canyon Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement 50Resolution No. 24100 Page 29 may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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. ENG 9. All broken or off grade street improvements along the project frontage shall be repaired or replaced. BELARDO ROAD ENG 10. Remove portions of existing curb, gutter and sidewalk to construct a 25 feet radius curb return, spandrel on both sides of the intersection of Belardo Road and "A" Street in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 11. Construct a 6 feet wide cross gutter at the intersection of Belardo Road and "A" Street with a flow line parallel with and located 20 feet east the centerline of Belardo Road in accordance with City of Palm Springs Standard Drawing No. 200. ENG 12. Construct Type A curb ramps meeting current California State Accessibility standards on both sides of the intersection of Belardo Road and 11A" Street in accordance with City of Palm Springs Standard Drawing No. 212. ENG 13. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement in the intersection of Belardo Road and "A .. Street in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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. ENG 14. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON-SITE 51Resolution No. 24100 Page 30 ENG 15. All on-site private streets shall be two-way with a minimum 29 feet wide travelway (as measured from top of curb) where no on-street parking is proposed. ENG 16. All on-site private streets shall be two-way with a minimum 37 feet wide travelway (as measured from top of curb) where on-street parallel parking is proposed. SANITARY SEWER ENG 17. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. ENG 18. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plan{s) shall be approved by the City Engineer prior to issuance of any building permits. ENG 19. Construct an 8 inch V.C.P. sewer main along all on-site street frontages located 5 feet from centerline or as required by the City Engineer and connect to the existing public sewer system in South Palm Canyon Drive. All sewer mains constructed by the applicant and to become part of the public sewer system shall be digitally video recorded by the City prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. ENG 20. Remove and relocate the existing sewer main from easement along the frontage of subject property to South Palm Canyon Drive right-of-way as required by the City Engineer. When the relocation of sewer main has been completed and accepted by the City of Palm Springst a summary vacation of the sewer easement will be required. ENG 21. All sewer mains constructed by the developer and to become part of the City sewer system shall be digitally video recorded (Developer shall contact City treatment plant facility for acceptable digital video format) and submitted to the City for review prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. ENG 22. Upon completion of the construction of public sewer lines, an as-built drawing in digital format shall be provided to the City as required by the City Engineer, if the sewer was not constructed in accordance with the original approved sewer plans. GRADING 52Resolution No. 24100 Page 31 ENG 23. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. 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 ucoachella 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 'PM1 O" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shaH be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of 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; a copy of the associated Hydrology Study and a copy of the project-specific Final Water Quality Management Plan. ENG 24. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI-TH PO@aguacaliente.net to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. ENG 25. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed at the limits of grading and/or 53Resolution No. 24100 Page 32 disturbed areas. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after Issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 26. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made Into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 27. Within 1 O days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 28. Prior to issuance of grading permit, the applicant shall provide verification to the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP. ENG 29. A Notice of Intent (NOi) to comply with the California General Construction Storm water Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG 30. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request. ENG 31. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG 32. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the 54Resolution No. 24100 Page 33 grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan.:. ENG 33. The applicant shall provide pad ( or finish floor) elevation certifications for all building ( or structure) pads in conformance with the approved grading plan (if required), to the Engineering Division prior to construction of any building (or structure) foundation. ENG 34. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-71 O Fred Waring Drive, Palm Desert (Phone: 760-776-8208). WATER QUALITY MANAGEMENT PLAN ENG 35. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG 36. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within the underground parking garage and the on-site private drive aisles. Direct release of nuisance water 55Resolution No. 24100 Page 34 to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG 37. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project-Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project-Specific WQMP include: requiring the implementation of the Final Project-Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts. Assessment Districts or Community Service Areas responsible for implementing the Final Project-Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. ENG 38. Prior to issuance of certificate of occupancy or final City approvals (OR of "final" approval by City), the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved Final Project-Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable). DRAINAGE ENG 39. The applicant shall accept and convey all stormwater runoff across the property and conduct the runoff to an approved drainage system. On-site retention may be allowed on that portion of the property where historically, stormwater runoff is conveyed. The incremental increase of stormwater runoff due to development of the property shall be retained on-site to the satisfaction of the City Engineer. ENG 40. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to South Palm Canyon Drive. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a storrnwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. ENG 41. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7271.00 per acre in accordance 56Resolution No. 24100 Page 35 with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ENG 42. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. ENG 43. Construct storm drain improvements which include but not limited to the interception of the existing storm drain lines crossing Belardo Road between Mesquite Avenue and the Tahquitz Creek Flood Control Channel, extending applicable storm drain lines within the existing right-of-way south along frontage of Belardo Road to Mesquite Avenue, and East on Mesquite Avenue to the Intersection of Random Road and connect to Line 29. In the event that the portion of Line 29 in Random Road extending from Tahquitz Creek is not constructed, developer shall be obligated to construct all of the Line 29 storm drain improvements. ENG 44. All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. ENG 45. The proposed underground retention system(s) shall be installed on-site and not within the public right-of-way. The underground stormwater retention system shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Provisions for maintenance of the underground stormwater retention system(s) shall be included in· Covenants, Conditions, and Restrictions (CC&R's) for the Home Owners Association (HOA), including reference to the fact that maintenance and/or replacement of the system may require removal of existing landscaping improvements within the landscape parkway at the sole expense of the HOA. The CC&R's shall reserve the right of the City to inspect and ensure that the underground retention system is operable, and in the event of its failure, shall provide the City the right to advise the HOA and require its repair or replacement to the satisfaction of the City Engineer. GENERAL ENG 46. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including 57Resolution No. 24100 Page 36 additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. ENG 47. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. ENG 48. All proposed utility lines shall be installed underground. ENG 49. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or fines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requfrements published by the utilitfes. The existing overhead utilities running along the westerly property line meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying 58Resolution No. 24100 Page 37 all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. ENG 50. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 51. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer. ENG 52, The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 53. Nothing shall be constructed or planted in the comer cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. ENG 54. All proposed trees within the public right-of-way and within 1 0 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. MAP ENG 55. The developer shall apply for an annexation to the City of Palm Springs Community Facilities District established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee $7,500 and shall be made at the time of the application. ENG 56. 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. 59Resolution No. 24100 Page 38 The Final Map shall be approved by the City Council prior to issuance of building permits. ENG 57. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shalt be approved by the City Attorney prior to approval of the Final Map by the City Council, or in the absence of a Final Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy. ENG 58. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the 11Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file, DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. ENG 59. Acceptance of public improvements required of this development shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be held for one year. An inspection will be performed nine months after said acceptance as part of the notice of completion process, a notice of completion will be filed certifying the improvements are complete. TRAFFIC ENG 60. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by ( either an additional dedication of a sidewalk easement if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Belardo Road and South Palm Canyon frontages of the subject property. ENG 61. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 60Resolution No. 24100 Page 39 ENG 62. The applicant shall install a Type R6-1 "One Way" sign within the South Palm Canyon Median, opposite the driveway located near the south property lines along south palm canyon drive, as required by the City Engineer. ENG 63. Install a stop sign, stop bar, and 11STOP11 legend for traffic exiting the development at the intersection of Belardo Road and "A" Street, and proposed driveway located at the south end of the proposed parking Jot with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction, as required by the City Engineer. ENG 64. Install a street name sign at the intersection of Belardo Road and "A" Street in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625 and the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction, as required by the City Engineer. ENG 65. Construction signing, lighting and barricading shall be provided during all phases of construction 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 Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. ENG 66. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS These Fire Department conditions may not provide all requirements. Detailed plans are still required for review. FID 1 These conditions are subject to final plan check and review. Initial Fire Department conditions have been determined from the plans received and dated April 25, 2016. Additional requirements may be required at that time based on revisions to site plans. FID 2 Fire Department Conditions were based on the 2013 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code and latest adopted NFPA Standards. Three (3) complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. No deferred submittals accepted. FID 3 PLANS AND PERMITS (CFC 105.1): 61Resolution No. 24100 Page40 Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM -6:00 PM, Monday -Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals (four sets). All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FID 4 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities. FlD 5 Traffic Calming Devices (CFC 503.4.1 ): Traffic calming devices shall be prohibited unless approved by the fire code official. FID 6 Security Gates (CFC 503.6): If approved, the installation of security gates across a fire apparatus access road shall also receive approval by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. Secured automated vehicle gates or entries shall utilize a combination of a Tamar Strobeswitch™, or approved equal, and an approved Knox key electric switch. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and an approved Knox key electric switch. Secured non-automated vehicle gates or entries shall utilize an 62Resolution No. 24100 Page 41 approved padlock or chain (maximum link or lock shackle size of ¼ inch). Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each side with gate in open position. In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two-gate system is used, the override switch must open both gates. If there is no sensing device that wm automatically open the gates for exiting, a fire department approved Knox electrical override switch shall be placed on each side of the gate in an approved location. A final field inspection by the fire code official or an authorized representative is required before electronically controlled gates may become operative. Prior to final inspection. electronic gates shall remain in a locked-open position. FID 7 Key Box Required (CFC 506.1 ): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed In an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official. FID 8 Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction. They shall be installed and made serviceable prior to and during construction. No landscape planting! walls, or fencing is permitted within 3 feet of fire hydrants, except ground cover plantings FID 9 NFPA 13R Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13R, 2013 Edition, as modified by local ordinance. • NFPA 13R system required for condominiums • Shall comply with Palm Springs Fire Code Appendix L FID 10 NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 130, 2013 Edition, as modified by local ordinance. • NFPA 13D system required for single family dwellings • Shall comply with Palm Springs Fire Code Appendix L 63Resolution No. 24100 Page 42 Fl D 11 Single-and Multiple-Station Smoke Alarms (CFC 907 .2.11 ): Listed single-and multiple-station smoke alarms complying with UL 217 shall be installed in accordance with Sections 907 .2.11.1 through 907 .2.11.4 and NFPA 72. • Exception: For Group R occupancies. A fire alarm system with smoke detectors located In accordance with this section may be installed in lieu of smoke alarms. Upon actuation of the detector, only those notification appliances in the dwelling unit or guest room where the detector is actuated shall activate. FID 12 Audible Residential Water Flow Alarms • NFPA 130 & 13R Fire Sprinklers & Household Fire Alarm System (CFC 903.4.2): An approved audible sprinkler flow alarm (Wheelock horn/strobe with WBB back box or equal) shall be provided on the exterior of the building in an approved location. It shall be powered by the household fire alarm system. The horn/strobe shall be outdoor rated. END OF CONDITIONS 64( ( SUBDIVISION IMPROVEMENT AGREEMENT PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond Number: 36K000322 THAT WHEREAS, the City of Palm Springs, California ("City") and Far West Industries, A California Corporation ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 36914 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated _________ _. 2020, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and The Ohio Casualty Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of New Hampshire , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of FOUR MILLION DOLLARS($ 4,000,000.00), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. 55575.00001\32051186.l 65( { \_ This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 1st day of February 2021. (Corporate Seal} (Corporate Seal} Far West Industries. a California Corporation Principal By ____ ___,,,"--~;;__-#fl.:....;;....;_~-'----The Ohio Casualty Insurance Company :~rely/~ Kevin P. Reed, Attorney-in-Fact (Attach Attorney-in-Fact Certificate} Title Kevin P. Reed, Attorney-in-Fact The rate of premium on this bond is $4.00 per thousand. The total amount of premium charges is $_1_6_,o_oo_.o_o __________ _ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 55575.00001\32051186.1 The Ohio Casualty Insurance Company 175 Berkeley Street, Boston, MA 02116 Kevin P. Reed 2913 S Pullman Street. Santa Ana, CA 92705 714-634-5729, 714 469 5788 66, { l,_ Notary Acknowledgment A notary P.Ublic or other officer completing this certificate verifies only the iden~ of the indivtdual who signed the document to which this certificate is attached, ana not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On February 1 20±1_, before me, Brandon K. Grindel • Notary Public, personally appeared Kevin P. Reed who proved to me on the basis of satisfactory evidence to be the person(i) whose name(a) is/ens subscribed to the within instrument and acknowledged to me that he/slledbaJ executed the same in his/aas.tileis authorized capacity(es), and that by his/badtaeir signature(s) on the instrument the person~), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER o Individual o Corporate Officer o Partner( s) e Attorney-In-Fact o Trustee(s) o Guardian/Conservator D Other: Signer is representing: Tftle{s) D • Name Of Person(s) Or Entity(ies) Limited General DESCRIPTION OF ATTACHED DOCUMENT litle or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Principal. SSS1S.0000l\32051186.l I 67ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF -=-O-"--'R"'---'A.;...a.N-=-G-=-E _______ _ On -----"-F-"-eb~r-=u.a;..;.ary_.._1"""",....;;;2;;;..;;;0;..=2...;..1_, before me, Jillian Marie Guzman, NOTARY PUBLIC, personally appeared Scott Lissoy, who proved to me on the basis of satisfactory evidence to be the person~ whose name~ @le-subscribed to the within instrument and acknowledged to me tha~ executed the same in ~ authorized capacityfrt, and that b~ signature(;4 on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur~ll_~ JILLIAN MARIE GUZMAN 1 COMM. #2278114 z a Notary Public • California ~ Orange County M Comm. Ex ires Feb. 19, 2023 (Seal) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. DESCRIPTION OF ATTACHED DOCUMENT: Title or Type of Document: ------------------------=========== Date of Document: __________ _ Number of Pages: __ _.:.i:.:..:nc=lu=d=in~g:a,..;n:.:..:o=t=ary4--=-a=ck=n=o=w:.:.;:le=d::.::.9L!.!.m=e=n.:=....ts-Signer(s) Other Than Named Above: ____________________ ....=:========== Signer's Name:. ________________________________ ~ • Individual • Partner -• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: _____________________________ _ 68THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7767902 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Kevin P. Reed· Marcus Reed all of the city of Orange • state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of May , 2017 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: _i~{;V:__,_·--,,.'-?-~-=-"~""---,,_.,,. _____ _ David M. Care . Assistant Secretary On this ~ day of May . 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella. Notary Public Upper Merion Twp., Montgomery County My Commission Expires March 28. 2021 Mernber. Pennsylvania Association of Notaries By,~~ Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact. as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in-tact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. · \ . \ . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this J2)L__ day of _+-......:;."-6'--+-f:~.....,."-"""~-----, 20~. 237 of 300 69{ '·· SUBDIVISION IMPROVEMENT AGREEMENT PAYMENT (LABOR AND MATERIALS) BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond Number: 36K000322 THAT WHEREAS, the City of Palm Springs, California ("City") and Far West Industries, A California Corporation ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 36914 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated _________ _ 2020, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement before entering upon the performance of the work to provide a good and sufficient payment bond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code. · NOW, THEREFORE, Principal and The Ohio Casualty Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of New Hampshire , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Improvement Agreement and referred to in Title 3 ( commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code in the sum of TWO MILLION DOLLARS($ 2,000,000.00), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 ( commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 55575.00001\32051186.1 70. ( r' l Surety, for value received, hereby stipulates and agrees that no change, extension of time, t I t alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for labor performed and materials provided in connection with the performance of the Improvement Agreement and construction of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _1s_t __ day of February 2021. (Corporate Seal) (Corporate Seal) (Attach Attorney-in-Fact Certificate) Principal / . . Far West Industries, A California Corporation. o/ By ___ ~"--------,-----Title Scott Lissoy, President The Ohio Casualty Insurance Company :~rety Ju;U2 Kevin P. Reed, Atto?ney-m-F act Title Kevin P. Reed, Attorney-in-Fact --------------The rate of premium on this bond is N/ A per thousand. The total amount of premium charges is $ included in performance bond premium (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or · Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) S5575.00001\32051186.1 The Ohio Casualty Insurance Company 175 Berkeley Street, Boston1 MA 02116 Kevin P. Reed 2913 s Pullman Street, Santa Ana, CA 92705 714-634-5729, 714 469 5788 71ui Q) s C THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7767903 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth. does hereby name, constitute and appoint, Kevin P. Reed· Marcus Reed all of the city of Orange state of CA each individually if there be more than one named. its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of May , ~-STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: _/&...,_c.V:-'--'-·---,;.,.7__,:h,....-=-P7 ____ _ David M. Carey:'Assistant Secretary ... d~ =a~ ~ c, On this..!§!!!._ day of May . 2017 . before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance U a, Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes 0 .2 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. '-c,:s Q) > ...,_ li~ ~ "C ; 'ii, .2 ~ 1-(1)0 oS C: c,:s ~-Q)-C) (I) C'IS Q) c,-~ s o.5 E ~ i...S 0 c,:s .... 1-"C ~ = CJ C'IS C > Q) .... 1-0 1-z ~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written . ~ §' COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pasteila, Notary Public Upper Merion Twp., Montgomery County My Commission Expires March 28, 2021 1,; ,i,NSVt.'<~._,.. ~ Oi,qRY ~v Member. Pennsylvani,1 Assoc1at1on of Notaries By,~~ Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe. shall appoint such attorneys-in-fact. as may be necessary to act in behalf of the Company to make, execute . seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in-tact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney ~xe ted by said Companies, is in full force and effect and has not been revoked. I , D / i /J__.)( IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this -----~&V __ day of k , 25" __ _ 238 of 300 LMS 12873 022017 72( ( Notary Acknowledgment A notary P.Ublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, ana not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On February 1 20.3.:L, before me, Brandon K. Grindel , Notary Public, personally appeared Kevin Reed who proved to me on the basis of satisfactory evidence to be the person(-> whose name(s) is/as subscribed to the within instrument and acknowledged to me that he/sl:laftbep executed the same in his/eedh!is authorized capacity(es), and that by his/ba.aaeir signature(s) on the instrument the person~), or the entity upon behalf of which the person(I) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER o Individual o Corporate Officer o Partner( s) 6"a Attorney-In-Fact o Trustee( s) • Guardian/Conservator • Other: Signer is representing: Tltle(s) • • Name Of Person(s) Or Entity(ies) Limited General DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Principal. SS57S.00001\32051186.1 73ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF -=-O.;....;R.;....;A.;..;;.N-=-G=E _______ --J,. On February 1. 2021 , before me, Jillian Marie Guzman, NOTARY PUBLIC, personally appeared Scott Lissoy, who proved to me on the basis of satisfactory evidence to be the person~ whose name;af ~subscribed to the within instrument and acknowledged to me that~ executed the same in ~ authorized capacity~, and that by~ signature,s'} on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) JILLIAN MARIE GUZMAN COMM. #2278114 z Notary Public • California ,:, Orange County ~ M Comm. Expires Feb. 19, 2023 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. DESCRIPTION OF A TT ACHED DOCUMENT: Title or Type of Document: ------------------------============ Date of Document: __________ _ Number of Pages: __ ....;.in:....:..;c=I u=d=in'"""g_n;..:..;o:;..;:.ta=ry..-.=:;a=ck;..;;.;.n.;.;;o;..;.;w=le::;..;:d=g=m=e=n=-ts-Signer(s) Other Than Named Above:---------------------============ Signer's Name: ________________________________ ------1 • Individual • Partner -• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: _____________________________ _ 74( ( SUBDIVISION IMPROVEMENT AGREEMENT SURVEY MONUMENTS BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond Number: 36K000321 THAT WHEREAS, the City of Palm Springs, California ("City") and Far West Industries, A California Corporation ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for the setting of survey monumentation as shown in Tract Map No.36914, which is not to be completed prior to the recording of the final map or parcel map; WHEREAS, the survey monumentation to be performed by Principal is more particularly set forth in that certain Subdivision Improvement Agreement dated _________ _ 2020, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond to insure the setting of the monuments as required therein and payment to the Engineer or Surveyor who sets such monuments thereunder. NOW, THEREFORE, Principal and The Ohio Casualty Insurance Companyf'Surety"), a corporation organized and existing under the laws of the State of New Hampshire , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of EIGHTEEN THOUSAND DOLLARS ($ 18,000.00), said sum being not less than one hundred percent ( 100%) of the total cost of the setting of monuments as set forth in the Improvement Agreement and payment due to the Engineer or Surveyor for setting such monuments, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties for the setting of survey monumentation in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall 55575.00001\32051186.1 75{ \ in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66496 of the California Government Code as security for installation and payment of survey monumentation as set forth in the Improvement Agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ls_t __ day of February ' 2021 (Corporate Seal) Far West Industries, A California Corporation. Principal Title Scott Lissoy, President (Corporate Seal) The Ohio Casualty Insurance Company :~rety tlaf2r2 Kevin P. Reed, Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Kevin P. Reed, Attorney-in-Fact The rate of premium on this bond is minimum premium per thousand. The total amount of premium charges is $_1_0_0_.o_o __________ _ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 55575.00001\32051186.1 The Ohio Casualty Insurance Company 175 Berkeley Street, Boston, MA 02116 Kevin P. Reed 2913 S Pullman Street, Santa Ana, CA 92705 714-634-5729, 714 469 5788 76( ( \. Notary Acknowledgment A notary P.Ublic or other officer completing this certificate verifies only the identity of the indiV1dual who signed the document to which this certificate is attached, ana not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On February 1 20.±1_, before me, Brandon K. Grindel , Notary Public, personally appeared Kevin P. Reed who proved to me on the basis of satisfactory evidence to be the person(~ whose name(a) is/am subscribed to the within instrument and acknowledged to me that he/shdhsJ executed the same in his/eesM&!is authorized capacity(ias), and that by his/baMaeir' signature(s) on the instrument the personf9), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • 0 e: • • 0 • • • • 0 • J a,, BRANDON K. GRINDEL [ _ ' · Notary Public • California [ ~ ! Orange County ~ z Commission# 2243619 -WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER o Individual o Corporate Officer o Partner( s) ~ Attorney-In-Fact o Trustee( s) o Guardian/Conservator o Other: Signer is representing: Title(s) D • Name Of Person(s) Or Entity(ies) Limited General DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) other Than Named Above NOTE: This acknowledgment is to be completed for Principal. 55575.00001\32051186.1 77ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF -=-O.;....;R.;....;;A"-,;.N-=-G=-E _______ --J. On _ ___,;_F.;;;..;eb;.;;;..;.r-=u.;;;.;.;ary"-'---1"-'-,...;;;2;;..;;;;0-=2..:..1 _, before me, Jillian Marie Guzman, NOTARY PUBLIC, personally appeared Scott Lissoy, who proved to me on the basis of satisfactory evidence to be the person~ whose name,W @,,e.-subscribed to the within instrument and acknowledged to me that@s>41thJ{y executed the same in ~ authorized capacity~, and that by~ signature;a1 on the instrument the perso~ or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur~l f\A.OOuq~L,, JILLIAN MARIE GUZMAN COMM. #2278114 z Notary Public -California ~ Orange County .... "-.r~~.v M Comm. Ex ires Feb. 19, 2023 (Seal) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. DESCRIPTION OF ATTACHED DOCUMENT: Title or Type of Document: ____________________________ _ Date of Document: __________ _ Number of Pages: __ ...;..in~c=lu=d=in-=---q....,n..:.::o=ta=ry.J--.=.;;a-=ck=n=o..;;.;w=le:;..;::d'""'g..;..;.m=e..;..;.nt,=_s-Signer(s) Other Than Named Above: _________________________ _ Signer's Name: ________________________________ ----1 • Individual • Partner -• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: _____________________________ _ 78Cl) Q) s C THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7767904 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Kevin P. Reed· Marcus Reed all of the city of Orange , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of May 2017 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company +i ~ =a ~ ~ c, On this ..1§!!:!._ day of May , 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance c.> Q) Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes 0 .= therein contained by signing on behalf of the corporations by himself as a duly authorized officer. '-('CS Q) > :::-.! ~ ~,, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Upper Merion Twp., Montgomery County My Commission Expires March 28, 2021 Member. Pennsylvania Association ot Notaries By,~~ Teresa Pastella, Notary Public ;'ui -2~ a,0 as c: <'CS This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual a,,:: Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a, (I) C'CI Q) a, ... ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under t=S o.5 E -i...S 0 ('CS .... '-the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. "0 ~ j g ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, > ~ and subject to such limitations as the chairman or the president may prescribe. shall appoint such attorneys-in-fact. as may be necessary to act in behalf of the Company to make, execute, o 5 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their Z <.> respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 239 of 300 I ~AC: 1?A7"1 0??017 79ATTACHMENT 4 80RESOLUTION NO. __ _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36914 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH FAR WEST INDUSTRIES, A CALIFORNIA CORPORATION, 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, Tentative Tract Map 36914 was extended by action of the City Council, and by matter of law, from 2018 through 2020; and WHEREAS, Far west Industries, a California Corporation, (hereinafter the "Subdivider"), has filed with the City a final map for Tentative Tract Map 36914, identified as Tract Map 36914, in accordance with Section 66458 of the California Government Code; and WHEREAS, the Subdivider, has offered dedication to the City of Palm Springs; an easement for street and public utility purposes, Lot "A" as public street; an easement for recreation purposes Lot "J" as open space; an easement for public utility and sanitation purposes, together with the right of ingress and egress for service and emergency vehicles and personnel over Lots "B" through "G" inclusive; an easement for public utility purposes shown as "1 O' PUE" along and adjacent to Lots "B" through "G" inclusive; an easement for sidewalk, public utility and sewer purposes over Lots "H" through "R" inclusive and WHEREAS, required Works of Improvements have not been completed by the Subdivider as of the filing of Tract Map 36914, and the Subdivider has requested that the City enter into a Subdivision Improvement Agreement with the Subdivider to secure the cost of public improvements in accordance with Section 66462 of the California Government Code. 81Resolution No. Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Tract Map 36914 is in substantial conformance with the approved Tentative Tract Map 36914. Section 2. Tract Map 36914 is in conformance with the General Plan. Section 3. Tract Map 36914 conforms to all requirements of the Subdivision Map Act of the State of California. Section 4. In accordance with Section 66477.1 of the California Government Code, the offers of dedication to the public on Tract Map 36914 shall be accepted by the City Clerk, subject to improvement, who shall certify acceptance by signature on the map thereof. Section 5. The City Council hereby approves a Subdivision Improvement Agreement for Tract Map 36914 with the Subdivider, and accepts subdivision improvement securities in conformance with the requirements therein for public improvements. Section 6. The City Manager is hereby authorized to execute the Subdivision Improvement Agreement with the Subdivider. Section 7. The City Clerk shall cause to have recorded the Subdivision Improvement Agreement with the Riverside County Recorder. Section 9. Tract Map 36914 is hereby approved for purposes therein defined. ADOPTED THIS 25sr DAY OF FEBRUARY, 2021. ATTEST: Anthony J. Mejia, MMC City Clerk David H. Ready, City Manager 82Resolution No. Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, Anthony J. Mejia, MMC, 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 February 25, 2021 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 _________ _ Anthony J. Mejia, MMC, City Clerk City of Palm Springs, California