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HomeMy WebLinkAboutA8700 - GLENWOOD MANAGEMENT COMPANY_27o kECEI�, ED RECORDING REQUESTED BY: CITY OF PALM SPP,ING2020-0199876 CITY OF PALM SPRINGS 2020 MAZ f AN 8: 2 005/ 11 /2020 10 : 09 AM Fee: $ 0.00 AND WHEN RECORDED Page 1 of 12 MP�E �f +f1',7 `��� ��; cfecorded in Official Records `'�bunty of Riverside City of Palm Springs Peter Aldana 3200 E. Tahquitz Canyon Assessor -County Clerk -Recorders Way 1111�f�IIf�, Palm Springs, CA 92263 Attn: Office of the City Clerk SPACE ABOVE FOR RECORDER ONLY Filing fee EXEMPT per Government Code 6103 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE (MULTIFAMILY RESIDENTIAL COMPLEX) Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS PO Box 2743 Palm Springs, CA 92263-2743 Attn: City Clerk Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE (MULTIFAMILY RESIDENTIAL COMPLEX) THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE ("Declaration") is entered into this ST* day of rtj , 2020, by and between Glenwood Management Company, LLC Indian, and Illinois limited liability company ("Declarant"), whose address is 333 Desplaines Street, Chicago, IL 60661 and the CITY OF PALM SPRINGS, a municipal corporation ("City"), whose address is PO Box 2743, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263, Attn: City Clerk. RECITALS: A. Declarants are the owners of that certain real property located in the City of Palm Springs, County of Riverside, State of California, commonly known as 2150 Zanjero Road, Palm Springs, California 92262, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 504-270-019) ("Property").The City has fee or easement interests in various streets, sidewalks and other property within the City and is responsible for the planning and development of land within the City in such a manner as to provide for the health, safety and welfare of the residents of the City. That portion of the City's interest in real property most directly affected by this Agreement is Indian Canyon Drive ("Public Parcel"). B. Declarants desire to obtain building permit(s) and other City approvals to construct a multifamily residential complex upon the Property ("City Approval"). Section 93.09.00 E of the City Zoning Ordinance requires as a condition precedent to the approval of the City Approval, that Declarants construct certain street, traffic signal or 1 other improvements on the Property or the Public Parcel, which street improvements are more particularly described on Exhibit "B" attached hereto and incorporated herein by reference ("Improvements"). Declarants desire to defer the construction of the Improvements and, pursuant to Section 93.09.00 E of the City Zoning Ordinance, the Director, Department of Public Works/City Engineer has determined that the construction of the Improvements can be deferred on the terms more particularly set forth herein. NOW THEREFORE, the Declarants declare, covenant and agree, by and for themselves, their heirs, executors and assigns, and all persons claiming under or through it that the Property shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants and restrictions hereinafter set forth, which covenants are established expressly and exclusively for the use and benefit of the City and the Public Parcel. 1.0 Covenants, Conditions and Restrictions. 1.1 Construction of Improvements. At any time after this Declaration is executed by Declarants and if one of the following conditions has occurred: (i) over 50 percent of the lineal right-of-way on that side of the street and in that block (herein referred to as the "50 % Qualifier Standard") has been constructed to the ultimate location, or (ii) the City has obtained covenants from the property owners meeting the 50 % Qualifier Standard, or, (iii) the City is prepared to proceed with a public improvement project which will cause construction of the improvements meeting the 50 % Qualifier Standard, then City shall notify Declarants in writing that Declarants must commence construction of the Improvements ("Notice"). Within ninety (90) days from the date of the Notice, Declarants shall, at its sole cost and expense, (i) apply for and receive approval of all necessary permits and approvals required by the City to construct the Improvements and (ii) commence construction of the Improvements. The construction of the Improvements shall be in accordance with all laws, ordinances and regulations of the City and any other governmental entity with jurisdiction in effect at the time construction is commenced. Declarants shall complete the construction of the Improvements no later than one hundred twenty (120) days of the date of the Notice. 1.2 Dedication of Improvements. Upon the completion of the construction of the Improvements and final inspection by the City, Declarants shall irrevocably offer to dedicate the Improvements to the City. 1.3 Maintenance of Improvements. Until the dedication of the Improvements is accepted by the City, Declarants shall maintain and repair or cause to be maintained and repaired the Improvements in a first class condition and repair, free of rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and local 2 bodies and agencies having jurisdiction, at Declarants' sole cost and expense. 1.4 Right of City to Construct Improvements. The City may, at its sole discretion, elect to construct the Improvements, either alone or as part of a larger project, through the establishment of an improvement district, assessment district, benefit area, or any other lawful plan or procedure for the construction and financing of public improvements ("District"). If the City elects to establish a District, Declarants hereby agree to join the District and pay its proportionate share of the cost of constructing the Improvements. Further, Declarants hereby waive their rights to protest the formation of the District or the imposition of an assessment under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, California Streets and Highways Code Sections 2800 et seg. or any other procedure for the establishment of a District and/or the implementation of an assessment. 2.0 Enforcement. 2.1 Rights of City. In the event of any violation or threatened violation of any of the provisions of this Agreement, then in addition to, but not in lieu of, any of the rights or remedies the City may have to enforce the provisions hereof, the City shall have the right (i) to enforce the provisions hereof as a party hereto and as an owner of the Public Parcel, (ii) to withhold or revoke, after giving written notice of said violation, any building permits, occupancy permits, certificates of occupancy, business licenses and similar matters or approvals pertaining to the Property or any part thereof or interests therein as to the violating person or one threatening violation and (iii) to obtain from a court of competent jurisdiction an injunction against such violation or threatened violation. 2.2 Failure to Perform: Lien. If any owner of the Property defaults on the performance of any of their obligations hereunder, the City, its employees, contractors and agents may, at their sole option, and after making reasonable demand of the owners of the Property that it cure said default, cure the default. In making a cure, the City shall give the owners of the Property or their representative, reasonable notice of the time and manner of said action and said action shall only be at such times and in such manners as reasonably necessary to carry out this Agreement. In such event, the owners of the Property shall reimburse the City for all costs and expenses related to the curing of said default plus interest at a rate of ten percent (10%) per annum commencing on the date that is thirty (30) days after the date notice thereof is given and ending on the date said sum is fully repaid. Any and all delinquent amounts, together with said interest, costs and reasonable attorneys fees shall be a personal obligation of the owners of the Property as well as a lien and charge, with power of sale, upon the Property. The City may bring an action at law against the owners of the Property to pay any such sums. The lien provided for in this Section may be recorded by the City as a Notice of Lien against the Property in the Office of the Riverside County Recorder, signed and acknowledged, which Notice of Lien shall contain a statement of the unpaid amount of costs and expenses. Such lien may be enforced and foreclosed in a suit or action brought in any court of competent jurisdiction or in accordance with the provisions of Section 2924 of the California Civil Code applicable to the exercise of powers of sale for mortgages and deeds of trust, or in any other manner permitted by California law. Upon the timely curing of any default for which such lien was recorded, the City shall record an appropriate release of such lien, upon payment by the owner of the Property of a reasonable fee to cover the costs of preparing and recording such release, together with the payment of such other costs, including, without limitation, reasonable attorneys fees, court costs, interest or other fees which have been incurred. 3.0 Covenants to Run With the Land. 3.1 Covenants Running With the Land. This Declaration is designed to create equitable servitudes and covenants appurtenant to the Public Parcel and running with the Property. Declarants hereby declare that all of the Property shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the covenants, conditions, restrictions and equitable servitudes, all of which are for the purposes of uniformly enhancing or protecting the value, attractiveness and desirability of the Property and the Public Parcel. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth herein shall run with the Property and shall be binding upon all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns; shall inure to the benefit of every portion of the Public Parcel and any interest therein; shall inure to the benefit of the City and its successors and assigns and successors in interest; shall be binding upon the Declarants, their successors and assigns and successors in interest; and may be enforced by the City. 3.2 Agreement Among Declarants, and City. In exchange for granting of the City Approval by the City, the Declarants hereby agree to hold, sell and convey the Property subject to the covenants, conditions, restrictions and reservations of this Declaration. Declarants also grant to the City the right and power to enforce the covenants, conditions, restrictions and reservations contained in this Declaration against the Declarants and all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns. 4.0 Miscellaneous. 4.1 Term. The covenants, conditions and restrictions contained in this Declaration shall remain in effect until the Improvements are constructed and accepted by the City. 4.2 Modification. This Declaration may not be modified, terminated or 4 rescinded, in whole or in part, except by a written instrument duly executed and acknowledged by the parties hereto, their successors or assigns and duly recorded in the Office of the County Recorder, County of Riverside. 4.3 Governing Law. This Declaration shall be governed by and construed in accordance with the laws of the State of California. 4.4 Severability. The invalidity or inability to enforce any provision of this Declaration with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof, or the same provision when implied to another party or to a different set of circumstances. 4.5 Notices. Any notice to be given under this Declaration shall be given by personal delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, to the address set forth on the first page of this Declaration. Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mails. Any party may change address for notice by giving written notice of such change to the other party. 4.6 Attorneys' Fees. In any action between the parties seeking enforcement of any of the terms and provisions of this Declaration, the prevailing party in such action shall be awarded, in addition to any damages, injunctive or other relief, its reasonable costs and expenses, including attorney's fees. 4.7 Counterparts. This Declaration may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. A 0 FentoA Booth - Manager Ldenwoo-1 mH� �"6ec ara A L�- C (DECLARANTS' SIGNATURES MUST BE NOTARIZED) ATTEST: By: An ny J. M M City of Palm prings City Clerk APPROVED AS TO FORM: By: Jeff Bair g City of Palm Springs / City Attorney CITY OF PALM SPRINGS, a municipal corporation By:� David H. Ready City of Palm Springs / City Manager "City" Marcus Fuller City of Palm Springs / Assistant City Manager / City Engineer APPR AS TO OWNERSHIP & LEGAftDSCRIPTIO1+, By: Rick Minj res City of PAIm Springs / 1►[a]IF-11 &&1:m6�01►IZ]4' AXIT-14 eering CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 ofeafftfaia ) Go6t_ )ss. County of Riverside ) On before me, �,srcg A- � K, (�a5� Nt�i�ru D to CName and Title of OfficAr personally appeared Name(s) of Signer(s) 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), and that by his/her/their signatures(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. OFFICIAL SEAL GEORGETTE PHILLOS Notary Public - State of Illinois My Commission Expires 12118/2021 WITNESS my hand and official seal Signature of Notary Public �t/FORM! CITY OF PALM SPRINGS OFFICE OF THE Cl TY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE (MULTIFAMILY RESIDENTIAL COMPLEX) Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" and Exhibit "B" APN: 504-270-019 dated: February 5, 2020 from, GLENWOOD MANAGEMENT COMPANY, LLC INDIAN, AND ILLINOIS LIMITED LIABILITY COMPANY Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 16t" day of April, 2020, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 16th day of April, 2020. City Clerk, City EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF THE NORTHEAST 1/4 OFTHE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, CTY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA, ALSO A PORTION OF PARCEL2 OF LOT LINE ADJUSTMENT 03-13 (LLA 03-13), RECORDED AS INSTRUMENT 696702, SEPT91 BER 9, 2003, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST'/4 OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST; THENCE ALONG THE SOTHERLY UNE OFTHE SAID NORTHEAST 1/4 NORTH 890 58, 00" WEST A DISTANCE OF 299.00 FEET TO THE EASTERLY LINE OF A PARCEL OWNED BY THE WHITE WATER MUTUAL WATER COMPANY; THENCE ALONG SAID EASTERLY PARCEL LINE NORTH 060 17' 00" WEST A DISTANCE OF 30.18 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY VIA ESCUELA AS RECORDED NOVEMBER 8,1963 AS INSTRUMENT NO.118960 OFFIOAL RECORDS OF SAID COUNTY; THENCE NORTH 060 26' 2611 WEST A DISTANCE OF 143.25 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL 2 OF SAID LLA 03-13; THENCE NORTH 060 17' 00" WEST A DISTANCE OF 170.00 FEET, ALONG THE WESTERLY LINE OF SAID PARCEL 2; THENCE SOUTH 890 58' 00" EAST A DISTANCE OF 287.68 FEET"TO THE EASTERLY LINE OF SAID PARCEL 2 AND THE WEST RIGHT-QF-WAY LINE OF NORTH INDIAN CANYON DRIVE AS RECORDED SEPTEMBER 8, 1965 AS INSTRUMENT NO.102279 OFFICAL RECORDS OF SAID COUNTY; THENCE SOUTH 00' 11' 00" WEST 168.97 FEET, ALONG THE EASTERLY LINE OF SAID PARCEL 2 AND THE WEST RIGHT -.Of - WAY LINE OF NORTH INDIAN CANYON DRIVE TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE NORTH 890 58' 00" WEST A DISTANCE OF 268.53 FEET, ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AS PARCEL A ON THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR PARCEL MAP WAIVER RECORDED JANUARY 31, 2011ASINSTRUMENT NO. 2011-0047810, OFFICIAL RECORDS. EXHIBIT "B" DESCRIPTION OF DEFERRED ITEMS ENG 1. The Engineering Services Department recommends deferral of off -site improvement items (identified as "Deferred') at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) prior to approval of the Grading Plan or issuance of grading or building permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. NORTH INDIAN CANYON DRIVE 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. "Deferred' ENG 3. Construct an 8 feet wide sidewalk behind the future curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. "Deferred' ENG 4. Construct a 14-feet wide raised, landscaped median island as specified by the City Engineer across the entire frontage. Landscaping and irrigation plans for the median shall be submitted to the City Engineer for review and approval, in conjunction with the associated street improvement plans. "Deferred' ENG 5. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Parks and Recreation. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant, for future use by the City upon acceptance of the median landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. "Deferred' ENG 6. All median landscaping shall be guaranteed for a period of one year from the 9 date of acceptance by the City Engineer. Any landscaping that fails during the one year landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent one year landscape maintenance period. "Deferred' ENG 7. 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 frontage 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. "Deferred' 10 C�'27 ° '75", RECEIVED CITY 01 P„L I S11RIGS RECORDING REQUESTED BY: CITY OF PALM SPAY 2 1 M 8; 20 AND WHEN RECOREL�10T%p City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Attn: Office of the City Clerk 'ITY CL I✓, 2020-0199875 05/11/2020 10:09 AM Fee: $ 0.00 Page 1 of 8 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder 1111RINA,a��r�rrm�nu SPACE ABOVE FOR RECORDER ONLY Filing fee EXEMPT per Government Code 6103 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO PARTICIPATE IN DISTRICT FOR UTILITY UNDERGROUNDING UPON NOTICE (MULTIFAMILY RESIDENTIAL COMPLEX) THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS PO Box 2743 Palm Springs, CA 92263-2743 Attn: City Clerk Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO PARTICIPATE IN DISTRICT FOR UTILITY UNDERGROUNDING UPON NOTICE (MULTIFAMILY RESIDENTIAL COMPLEX) THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO PARTICIPATE IN DISTRICT FOR UTILITY UNDERGROUNDING UPON NOTICE ("Declaration") is entered into this G'rw day of , 2020, by and between Glenwood Management Company, LLC Indian, and Illinois limited liability company ("Declarant"), whose address is 333 Desplaines Street, Chicago, IL 60661, and the CITY OF PALM SPRINGS, a municipal corporation ("City"), whose address is PO Box 2743, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263, Attn: City Clerk. RECITALS: A. Declarants are the owners of that certain real property located in the City of Palm Springs, County of Riverside, State of California, commonly known as 2150 Zanjero Road, Palm Springs, California 92264, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 504-270-019) ("Property"). City has fee or easement interests in various streets, sidewalks and other property within the City and is responsible for the planning and development of land within the City in such a manner as to provide for the health, safety and welfare of the residents of the City. That portion of the City's interest in real property most directly affected by this Agreement is the public utility easement along the West property line ("Public Parcel"). B. Declarants desire to obtain building permit(s) and other City approvals to construct a multifamily residential complex upon the Property ("City Approval"). Section 8.04.402 of the Municipal Code of the City requires, as a condition precedent to the approval of the City Approval, that Declarants underground the utilities abutting or transecting the Property ("Improvements"). Declarants desire to defer the construction of the Improvements and, pursuant to Section 8.04.402 of the Municipal Code of the City, the Director, Department of Public Works/City Engineer has determined that the construction of the Improvements can be deferred on the terms more particularly set forth herein. NOW THEREFORE, the Declarants declare, covenant and agree, by and for themselves, their heirs, executors and assigns, and all persons claiming under or through it that the Property shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants and restrictions hereinafter set forth, which covenants are established expressly and exclusively for the use and benefit of the City and the Public Parcel. 1.0 Right of City to Establish District to Construct Improvements. The City may, at its sole discretion, elect to construct the Improvements, either alone or as part of a larger project, through the establishment of an improvement district, assessment district, benefit area, or any other lawful plan or procedure for the construction and financing of public improvements ("District"). If the City elects to establish a District, Declarants hereby agree to join the District and pay its proportionate share of the cost of constructing the Improvements. Further, Declarants hereby waive their right to protest the formation of the District or the imposition of an assessment under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, California Streets and Highways Code Sections 2800 et seg. or any other procedure for the establishment of a District and/or the implementation of an assessment. 2.0 Enforcement. In the event of any violation or threatened violation of any of the provisions of this Agreement, then in addition to, but not in lieu of, any of the rights or remedies the City may have to enforce the provisions hereof, the City shall have the right (i) to enforce the provisions hereof as a party hereto and as an owner of the Public Parcel, (ii) to withhold or revoke, after giving written notice of said violation, any building permits, occupancy permits, certificates of occupancy, business licenses and similar matters or approvals pertaining to the Property or any part thereof or interests therein as to the violating person or one threatening violation and (iii) to obtain from a court of competent jurisdiction an injunction against said violation or threatened violation. 3.0 Covenants to Run With the Land. 3.1 Covenants Running With the Land. This Declaration is designed to create equitable servitudes and covenants appurtenant to the Public Parcel and running with the Property. Declarants hereby declare that all of the Property shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the covenants, conditions, restrictions and equitable servitudes "set forth herein", all of which are for the purposes of uniformly enhancing or protecting the value, attractiveness and desirability of the Property and the Public Parcel. The covenants, conditions, restrictions, reservations, and equitable servitudes "set forth herein" shall run with the Property and shall be binding upon all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns; shall inure to the benefit of every portion of the Public Parcel and any interest therein; shall inure to the benefit of the City and its successors and assigns and successors in interest; shall be binding upon the Declarants, its successors and assigns and successors in interest; and may be enforced by the City. 3.2 Agreement Among Declarants, and City. In exchange for granting of the City Approval by the City, the Declarants hereby agree to hold, sell and convey the Property subject to the covenants, conditions, restrictions and reservations of this Declaration. Declarants also grant to the City the right and power to enforce the covenants, conditions, restrictions and reservations "set forth herein" against the Declarants and all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns. 4.0 Miscellaneous. 4.1 Term. The covenants, conditions and restrictions contained in this Declaration shall remain in effect until the Improvements are constructed. 4.2 Modification. This Declaration may not be modified, terminated or rescinded, in whole or in part, except by a written instrument duly executed and acknowledged by the parties hereto, their successors or assigns and duly recorded in the Office of the County Recorder, County of Riverside. 4.3 Governing Law. This Declaration shall be governed by and construed in accordance with the laws of the State of California. 4.4 Severability. The invalidity of or inability to enforce any provision of this Declaration with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof, or the same provision when implied to another party or to a different set of circumstances. 4.5 Notices. Any notice to be given under this Declaration shall be given by personal delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, to the address set forth on the first page of this Declaration. Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mails. Any party may change address for notice by giving written notice of such change to the other party. 4.6 Attorneys' Fees. In any action between the parties seeking enforcement of any of the terms and provisions of this Declaration, the prevailing party in such action shall be awarded, in addition to any damages, injunctive or other relief, its reasonable costs and expenses, including attorneys' fees. 4.7 Counterparts. This Declaration may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document. IN WITNESS WHEREOF, the undersigned have executed this A eement as of the date first written above. By: Fenton Booth - Manager (DECLARANTS' SIGNATURES MUST BE NOTARIZED) ATTEST: By: A, 0 �'� AntKdny J. M ia, M City of Palm prmgs / City Clerk APPROVED AS TO FORM: By: Jeff Ilin e City of Palm Springs / City Attorney "Declarant" CITY OF PALM SPRINGS, a municipal corporation Bye. David H. Ready City of Palm Springs / City Manager "City" Marcus Fuller City of Palm Springs / Assistant City Manager / City Engineer APPRO D AS TO C LEGA D SCRIPTIC By: Rick Mi ares City of �alm Springs / NOTARY FORMS ON NEXT PAGE NERSHIP & ineering CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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&t=' ) Cav I,- )ss. County of R4*oi4ide ) On �e b ` o ?A before me, ate Name and itle of icer personally Name(s) of Signer(s) 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), and that by his/her/their signatures(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. WITNESS my hand and official seal OFFICIAL SEAL GEORGETTE PHILLOS Notary Public - State. of Illinois My Commission Expires 12/18/2021 V__ 4A_ ra� Signature of Notary Public 7 CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO PARTICIPATE IN DISTRICT FOR UTILITY UNDERGROUNDING UPON NOTICE (MULTIFAMILY RESIDENTIAL COMPLEX) Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 504-270-019 dated: February 5, 2020 from, GLENWOOD MANAGEMENT COMPANY, LLC INDIAN, AND ILLINOIS LIMITED LIABILITY COMPANY Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 16t" day of April, 2020, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 16th day of April, 2020. City Clerk, City of EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF THE NORTHEAST 1/4 OFTHE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, CTY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA, ALSO A PORTION OF PARCEL2 OF LOT LINE ADJUSTMENT 03-13 (LLA 03-13), RECORDED AS INSTRUMENT 696702, SEPT91 BER 9, 2003, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST % OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST; THENCE ALONG THE SOTHERLY LINE OFTHE SAID NORTHEAST 1/4 NORTH 890 58, 00" WEST A DISTANCE OF 299.00 FEET TO THE EASTERLY LINE OF A PARCEL OWNED BY THE WHITE WATER MUTUAL WATER COMPANY; THENCE ALONG SAID EASTERLY PARCEL LINE NORTH 060 17' 00" WEST A DISTANCE OF 30.18 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY VIA ESCUELA AS RECORDED NOVEMBER 8,1963 AS INSTRUMENT NO.118960 OFFIOAL RECORDS OF SAID COUNTY; THENCE NORTH 060 26' 2611 WEST A DISTANCE OF 143.25 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL 2 OF SAID LLA 03-13; THENCE NORTH 060 17' 00" WEST A DISTANCE OF 170.00 FEET, ALONG THE WESTERLY LINE OF SAID PARCEL 2; THENCE SOUTH 890 58' 00" EAST A DISTANCE OF 287.68 FEET"TO THE EASTERLY LINE OF SAID PARCEL 2 AND THE WEST RIGHT-QF-WAY LINE OF NORTH INDIAN CANYON DRIVE AS RECORDED SEPTEMBER 8, 1965 AS INSTRUMENT NO.102279 OFFICAL RECORDS OF SAID COUNTY; THENCE SOUTH 00° 11' 00" WEST 168.97 FEET, ALONG THE EASTERLY LINE OF SAID PARCEL 2 AND THE WEST RIGHT -.Of - WAY LINE OF NORTH INDIAN CANYON DRIVE TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE NORTH 890 58' 00" WEST A DISTANCE OF 268.53 FEET, ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AS PARCEL A ON THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR PARCEL MAP WAIVER RECORDED JANUARY 31,2011ASINSTRUMENT NO. 2011-0047810, OFFICIAL RECORDS. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Engineer City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 APN: 504-270-019 2020-0357061 08/06/2020 04:07 PM Fee: $ 0.00 Page 1 of 8 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder I I I I %�. ON mi RF I M�h'�N0�IW1U1111 Space Above This Line For Recorder's Use COVENANT AND AGREEMENT REGARDING WATER QUALITY MANAGEMENT PLAN BMP, CONSENT TO INSPECT, AND INDEMNIFICATION This Agreement Regarding Water Quality Management Plan Best Management Practices, Consent to Inspect, and Indemnification and Covenant Running With the Land ("Agreement") is made on this t % day of j utkr , 2020, by and between the CITY OF PALM SPRINGS, a California municipal corporation and charter city ("Covenantee" or "City") and Glenwood Management Group, LLC Indian, the undersigned property owner ("Covenantor"). RECITALS A. Covenantor is the owner of that certain real property located in the City of Palm Springs, County of Riverside, State of California, commonly known as, 2150 Zanjero Road, Palm Springs, California 92264, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 504-270-019) ("Property"). City has fee or easement interests in various streets, sidewalks and other property within the City and is responsible for the planning and development of land within the City in such a manner as to provide for the health, safety and welfare of the residents of the City. B. The City is the owner of interests in that certain real property within the City of Palm Springs, County of Riverside, State of California, containing storm drains, pipelines, and related appurtenances constituting the City's municipal separate storm sewer system (the City's "Storm Drain System"). C. Covenantor intends to develop, improve, and/or use the Property in such a way that approval of the City for such development, improvement, and/or use is required pursuant to the applicable laws. D. As a condition for said approval by the City, City required Covenantor, and Covenantor desires to, restrict the use of Property according to the conditions, covenants, equitable servitudes, and restrictions contained herein for the express benefit of the City's Storm Drain System. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration thereof, in consideration of the covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby #221 acknowledged, and expressly for the benefit of, and to bind, their successors in interest, the parties hereto agree as follows: AGREEMENT 1. Water Quality Management Plan ("WQMP") for Best Management Practices "BMP" Covenantor, and each successive owner of an interest in all or any part of the Property ("Owner(s)") shall, throughout the period of their respective ownership, implement, and fund implementation of the WQMP required for development of the Property, and shall operate and maintain the BMP described therein including, but not limited to, the methods and standards set forth in Section 8.70.100 of the City's Municipal Code, as that Section may be amended from time to time and which is incorporated herein by this reference. The current WQMP, as it may be amended from time to time according to its terms, which is on file with the City of Palm Springs Engineering Division, is incorporated herein by this reference. 2. Compliance with City of Palm Springs Municipal Code and Consent to Inspect Owners shall use and maintain the Property in full compliance with the provisions of Chapter 8.70 of the Palm Springs Municipal Code, as it may be amended from time to time, which is incorporated herein by this reference. Owners hereby consent to inspection of the Property pursuant to Section 8.70.140 of the City's Municipal Code by an inspector authorized by the City Manager, the City Engineer, or their designee, for the purpose for verifying compliance with the provisions of this Agreement, the BMP of the WQMP, and the City's Municipal Code. 3. Indemnification Owners agree to indemnify, defend, and hold harmless the City, its elected officers, employees, agents, and contractors from and against any and all liability, expense, including costs and reasonable legal fees, and claims of damage of any nature whatsoever including, but not limited to, death, bodily injury, personal injury, or property damage arising from or connected with the City inspection of the Property except where such liability, expense, or claim for damage results from the sole negligence or willful misconduct of the City. 4. Rights and Obligations Run With the Land Unless terminated in accordance with Paragraph 5, below, or by law, the rights and obligations of the parties hereunder shall constitute covenants, benefits, burdens, conditions, equitable servitudes, and restrictions which run with the land in perpetuity and which shall be binding upon, and inure to the benefit of, each Owner during its respective period of ownership of all or any part of the Property. 5. Termination of Agreement Upon Termination of WQMP This Agreement and the conditions, covenants, equitable servitudes, and restrictions set forth herein shall terminate upon termination of the WQMP applicable to the Property in accordance with its terms. Upon termination of the WQMP applicable to the Property, the Owner may request that the City execute a recordable document approved by the City approving and acknowledging termination of this Agreement. A recorded document duly executed and acknowledged by the City Engineer of City, or his or her designee, approving termination of this Agreement shall be conclusive evidence of such termination. 6. Enforcement The City may, but shall not be obligated to, enforce this Agreement by a proceeding at law or in equity against any person or persons violating or attempting to violate any condition, covenant, equitable servitude, or restriction provided for herein, either to restrain such violation or to recover damages. The City may also enforce this Agreement pursuant to Section 8.70.140 of the City's Municipal Code, which enforcement remedies are incorporated herein by this reference. 7. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements and understandings with respect to the subject matter hereof, whether oral or written. 8. Severability. If any part of this Agreement is declared by a final decision of a court of competent jurisdiction to be invalid for any reason, such shall not affect the validity of the rest of the Agreement. The other parts of this Agreement shall remain in effect as if this Agreement had been executed without the invalid part. The parties declare that they intend and desire that the remaining parts of this Agreement continue to be effective without any part or parts that have been declared invalid. 9. Counterparts. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 10. Attornevs' Fees. If any party files an action or brings any proceeding against the other arising from this Agreement, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable attorneys' fees and costs to be fixed by the court. A party not entitled to recover its costs shall not recover attorneys' fees. No sum for attorneys' fees shall be included in calculating the amount of a judgment for purposes of deciding whether a party is entitled to its costs or attorneys' fees. 11. Amendment. No modification, amendment, addition to, or alteration of the terms of this Agreement whether written or verbal, shall be valid unless made in writing, formally approved and executed by the City and the current Owner(s) of the Property, and duly recorded. 12. Authority of Signatories to Agreement. Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement on behalf of the parties for which execution is made. Each party represents and warrants to the other that the execution of this Agreement and the performance of such party's obligations hereunder have been duly authorized and that the agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. [SIGNATURES ON FOLLOWING PAGE1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. A An*Jg6ny J. Mej� City of Palm S ring / City;Clerk APPROVED AS TO FORM: B ff JeB ling r City of Palm Springs / City Attorney CITY OF PALM SPRINGS, a municipal corporation By: David H. Ready City of Palm Springs / City Manager "City" RECOMMENDED BY: By: 4 J el Montalvo City of Palm Springs / City Engineer APPROV�AS TO OWNERSHIP & LEGAL CRIPTIONI r By: 1 Rick Minjar s City of Palfn Springs / "COVENANTOR" GIe,wvAto y Signature Title [Covenantor Signature to be Notarized] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 49,'a- ) )ss. County of -Tier ) On U/ 1 �2-0 before me, k N&a/ Date _ Name and Title 6f Officer personally appeared Name(s) of Signer(s) 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), and that by his/her/their signatures(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. WITNESS my hand an4 official seal of Notary Public CIAL SEAL . OR;DOWER [N7co2ryPublic - S.,%W of Illinois n Expires 8/01/2021 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All that certain real property situated in the County of Riverside, State of California, described as follows: THAT PORTION OF THE NORTHEAST % OF THE SOUTHEAST'/4 OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ALSO A PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT 03-13 (LLA 03-13), RECORDED AS INSTRUMENT 696702, SEPTEMBER 9, 2003, OFFICIAL RECORDS OF SAID COUNTY. Page 7 of 7 �OF P A L M sA� V N FORN� CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by COVENANT AND AGREEMENT REGARDING WATER QUALITY MANAGEMENT PLAN BMP, CONSENT TO INSPECT, AND INDEMNIFICATION Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 504-270-019 Dated: July 6, 2020 From, GLENWOOD MANAGEMENT GROUP, LLC Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 4th day of August, 2020, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 4tn day of August, 2020. 11 1 !wnlrw Is] I M41 4: 4 Oki I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Engineer City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 APN: 508-432-019 2021-0204484 04/01/2021 11:57 AM Fee: $ 0.00 Page 1 of 8 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder 1!II1101p�GgPRilhid�pY;W,,,rlllil Space Above This Line For Recorder's Use Only COVENANT AND AGREEMENT REGARDING WATER QUALITY MANAGEMENT PLAN BMP, CONSENT TO INSPECT, AND INDEMNIFICATION This Agreement Regarding Water Quality Management Plan Best Management Practices, Consent to Inspect, and In r a nification and JCovenant Running With the Land ("Agreement") is made on this ` day of , 2021, by and between the CITY OF PALM SPRINGS, a California municipal cckporation and charter city ("Covenantee" or "City") and Glenwood Management Group, LLC Indian, a Limited Liability Company, the undersigned property owner ("Covenantor"). RECITALS A. Covenantor is the owner of that certain real property located in the City of Palm Springs, County of Riverside, State of California, commonly known as, 2155 North Indian Canyon Drive -Palm Springs, Ca. 92264, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (APN 504-270-030) ("Property"). City has fee or easement interests in various streets, sidewalks and other property within the City and is responsible for the planning and development of land within the City in such a manner as to provide for the health, safety and welfare of the residents of the City. B. The City is the owner of interests in that certain real property within the City of Palm Springs, County of Riverside, State of California, containing storm drains, pipelines, and related appurtenances constituting the City's municipal separate storm sewer system (the City's "Storm Drain System"). C. Covenantor intends to develop, improve, and/or use the Property in such a way that approval of the City for such development, improvement, and/or use is required pursuant to the applicable laws. D. As a condition for said approval by the City, City required Covenantor, and Covenantor desires to, restrict the use of Property according to the conditions, covenants, equitable servitudes, and restrictions contained herein for the express benefit of the City's Storm Drain System. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration thereof, in consideration of the covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and expressly for the benefit of, and to bind, their successors in interest, the parties hereto agree as follows: AGREEMENT 1. Water Quality Management Plan ("WQMP") for Best Management Practices ( BMP") Covenantor, and each successive owner of an interest in all or any part of the Property ("Owner(s)") shall, throughout the period of their respective ownership, implement, and fund implementation of the WQMP required for development of the Property, and shall operate and maintain the BMP described therein including, but not limited to, the methods and standards set forth in Section 8.70.100 of the City's Municipal Code, as that Section may be amended from time to time and which is incorporated herein by this reference. The current WQMP, as it may be amended from time to time according to its terms, which is on file with the City of Palm Springs Engineering Division, is incorporated herein by this reference. 2. Compliance with City of Palm Springs Municipal Code and Consent to Inspect Owners shall use and maintain the Property in full compliance with the provisions of Chapter 8.70 of the Palm Springs Municipal Code, as it may be amended from time to time, which is incorporated herein by this reference. Owners hereby consent to inspection of the Property pursuant to Section 8.70.140 of the City's Municipal Code by an inspector authorized by the City Manager, the City Engineer, or their designee, for the purpose for verifying compliance with the provisions of this Agreement, the BMP of the WQMP, and the City's Municipal Code. 3. Indemnification Owners agree to indemnify, defend, and hold harmless the City, its elected officers, employees, agents, and contractors from and against any and all liability, expense, including costs and reasonable legal fees, and claims of damage of any nature whatsoever including, but not limited to, death, bodily injury, personal injury, or property damage arising from or connected with the City inspection of the Property except where such liability, expense, or claim for damage results from the sole negligence or willful misconduct of the City. 4. Rights and Obligations Run With the Land Unless terminated in accordance with Paragraph 5, below, or by law, the rights and obligations of the parties hereunder shall constitute covenants, benefits, burdens, conditions, equitable servitudes, and restrictions which run with the land in perpetuity and which shall be binding upon, and inure to the benefit of, each Owner during its respective period of ownership of all or any part of the Property. 5. Termination of Agreement Upon Termination of WQMP This Agreement and the conditions, covenants, equitable servitudes, and restrictions set forth herein shall terminate upon termination of the WQMP applicable to the Property in accordance with its terms. Upon termination of the WQMP applicable to the Property, the Owner may request that the City execute a recordable document approved by the City approving and acknowledging termination of this Agreement. A recorded document duly executed and acknowledged by the City Engineer of City, or his or her designee, approving termination of this Agreement shall be conclusive evidence of such termination. 6. Enforcement The City may, but shall not be obligated to, enforce this Agreement by a proceeding at law or in equity against any person or persons violating or attempting to violate any condition, covenant, equitable servitude, or restriction provided for herein, either to restrain such violation or to recover damages. The City may also enforce this Agreement pursuant to Section 8.70.140 of the City's Municipal Code, which enforcement remedies are incorporated herein by this reference. 7. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements and understandings with respect to the subject matter hereof, whether oral or written. 8. Severability. If any part of this Agreement is declared by a final decision of a court of competent jurisdiction to be invalid for any reason, such shall not affect the validity of the rest of the Agreement. The other parts of this Agreement shall remain in effect as if this Agreement had been executed without the invalid part. The parties declare that they intend and desire that the remaining parts of this Agreement continue to be effective without any part or parts that have been declared invalid. 9. Counterparts. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 10. Attornevs' Fees. If any party files an action or brings any proceeding against the other arising from this Agreement, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable attorneys' fees and costs to be fixed by the court. A party not entitled to recover its costs shall not recover attorneys' fees. No sum for attorneys' fees shall be included in calculating the amount of a judgment for purposes of deciding whether a party is entitled to its costs or attorneys' fees. 11. Amendment. No modification, amendment, addition to, or alteration of the terms of this Agreement whether written or verbal, shall be valid unless made in writing, formally approved and executed by the City and the current Owner(s) of the Property, and duly recorded. 12. Authority of Signatories to Agreement. Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement on behalf of the parties for which execution is made. Each party represents and warrants to the other that the execution of this Agreement and the performance of such party's obligations hereunder have been duly authorized and that the agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. [SIGNATURES ON FOLLOWING PAGE1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. ATTEST: By• An ILA ny J. a ia, MM City of Palm g /City Clerk APPROVED AS TO FORM: By: Jeff li�er City of Palm Springs / City Attorney CITY OF PALM SPRINGS, 7al corporation By: [gyp David H. Ready City of Palm Springs / City Manager "City" RECOMMENDED BY: By:'-Z — Joe ontalvo City of Palm Springs / City Engineer APPROVEDI AS TO OWNERSHIP & LEGAL �CRIPTION: II By: [ /I Rick Minjar s City of PaVn Springs / Eng Associate' �IPrY� "COVENANTOR,,'-��lJ�'U✓� L�'c I1'�� Signature .M Title [Covenantor Signature to be Notarized] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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. �1mn►s State of4;afifvrnia ) )ss. County of �a) On ZX 1 before me, f1kO i IG , Date Name and Title f Officer personally appeared Name(s) of Signer(s) 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), and that by his/her/their signatures(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. WITNESS my hand and off ial seal (0 ___ zvt/',O� Signature of Notary Public OFFICIAL SEAL (MARK R. ORDOWER (Votary Public - State of Illinois MY Cc� n'n "ion Expires 8/01/2021 r EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All that certain real property situated in the County of Riverside, State of California, described as follows: Lot 1 of Tract Map No. 37807 as recorded in Book 475 of Maps at Pages 76-78, Records of Riverside County, California. Page 7 of 7 ��IFORN� CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8204 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by COVENANT AND AGREEMENT REGARDING WATER QUALITY MANAGEMENT PLAN BMP, CONSENT TO INSPECT, AND INDEMNIFICATION Real property in the City of Palm Springs, County of Riverside, State of California, as described: Land described in Exhibit "A" APN: 504-270-030 Dated:.February 4, 2021 From, GLENWOOD MANAGEMENT GROUP, LLC Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is hereby accepted by the City Clerk of said City of Palm Springs, on this 81h day of July, 2020, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 16th day of January, 2002, and the Grantee consents to recordation thereof by the City Clerk, its duly authorized officer. Dated at Palm Springs, California, this 3rd day of March, 2021. HO , CITY CLERK 2021-0204323 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Palm Springs Attn: City Clerk P.O. Box 2743 Palm Springs, CA 92263 EA 20-07-2150 APN: 504-270-016 04/01/2021 11:25 AM Fee: $ 0.00 Page 1 of 40 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder 1112aM.,5WAI I all Lit IIIILI R A Exam: 117 Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC 17 SIZE I NCOR I SMF I NCHG I T: not apply NO DOCUMENTARY STAMPS NEEDED ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ("Agreement") is entered into this 15t'' day of February , 2021, between Glenwood Management Group LLC Indian, an Illinois Limited Liability Company ("Applicant"), whose address is 333 S. Desplaines Street, Ste. 207, Chicago, IL 60661 and the CITY OF PALM SPRINGS, a California Charter City and Municipal Corporation ("City"), whose mailing address is P.O. Box 2743, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263, Attn: Public Works and Engineering Department. RECITALS A. Applicant is the owner of that certain real property (APN 504-270-019) ("Applicant Property") located in the City of Palm Springs, County of Riverside, State of California. On September 9, 2019, Applicant submitted Tentative Tract Map (TTM) 37807 to the City Planning Services Division for the development of a condominium project. B. The City of Palm Springs Planning Commission, at its November 13, 2019 meeting, recommended that City Council the Conditions of Approval, including Condition ENG 18, requiring an Encroachment Agreement for landscaping fronting adjacent property (APN 504-270-016) ("Subject Property), and adopt Resolution No. 6782 and made a part thereof as Exhibit "A". C. On December 19, 2019, the City Council adopted Resolution No.24692, approving TTM 37807 for the creation of a one -lot condominium map subject to conditions of approval and made a part thereof as Exhibit "B", D. On December 10, 2020, Applicant recorded Tract Map (TM) 37807 in Map Book 475, Page 76-78, in records of County recorder for Riverside County, California. Applicant property is shown as LOT 1 of said TM 37807 more particularly shown and made a part thereof as Exhibit "C". E. Pursuant to Condition ENG 18 in said Resolution No. 6782, prior to issuance of a Certificate of Occupancy for development of Applicant Property, Applicant is required to construct and maintain landscape improvements including plants, trees, irrigation lines and associated electrical controls which are within City property and which encroachment area is more particularly shown as LOT "A" of said TM 37807 (475/78) ("Encroachment") along the frontage of Subject Property, shown on said TM 37807 and labeled at PARCEL 1 LLA 03- 13 DOC#2003-696702, and made a part thereof as Exhibit "D". F. Applicant and subsequent owners of Applicant Property, as stipulated in Section 2.4.(c) of this agreement, are required to maintain landscape improvements including plants, trees, irrigation lines and associated electrical conduits pursuant to said Resolution No. 6782, within City Property until such time that the Subject Property is developed to the satisfaction of the City Manager. NOW THEREFORE, the parties hereto agree as follows: 1.0 License. The City hereby grants to Applicant a license revocable or relocatable with orwithout cause at any time by the City to construct and/or maintain the Encroachment upon all of the terms and conditions of the Permit and this Agreement ("License"). 2.0 Covenants 2.1 In General. Applicant hereby Encroachment in accordance with Chapter 14 Code, as amended from time to time. agrees to construct and maintain the 16 of the City of Palm Springs Municipal 2.2 Maintenance. Applicant shall maintain, repair and replace the Encroachment and the City Property so as to keep the Encroachment and such area in a neat, clean, first class condition and in good order and repair, free of weeds, trash and debris at all times. Existing Encroachment location may not comply with current code and setback standards for the City. Any removal, replacement, or repair to the Encroachment must comply with current code and setback standards for the City. In the event Applicant does not maintain the Encroachment and the City Property as required herein, the City may terminate the License as more particularly provided in Section 4.0. 2.3 Indemnity. Applicant hereby agrees to indemnify and defend the City, its officers, agents and employees against and to hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the location, construction, maintenance, relocation or removal of the Encroachment, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to City, and in connection therewith: (a) applicant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) applicant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities and Applicant agrees to save and hold the City, its officers, agents and employees harmless therefrom; (c) in the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Applicant for such damages or other claims arising out of the location, construction, maintenance, relocation or removal of the Encroachment, Applicant agrees to pay the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys' fees. 2.4 Covenants Running With the Land. The covenants and restrictions by Applicant set forth in this Agreement: (a) are made for the direct benefit of the City Property; (b) will constitute covenants running with the land and equitable servitudes; (c) will bind Applicant and every person having any fee, leasehold or other interest in any portion of the Applicant Property at any time or from time to time; and (d) will inure to the benefit of the City and every person having any fee, leasehold or other interest in the City Property at any time or from time to time, until such time that this agreement is terminated pursuant to conditions in Section 4.0. 3.0 Insurance. 3.1 Insurance Requirements. During the entire term of this License, Licensee shall procure and maintain public liability and property damage insurance, at its sole expense, in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit, insuring against all liability of Licensee and its authorized representatives arising out of and in connection with the Encroachment or Licensee's use of the Encroachment. Such public liability and property damage insurance shall also provide for and protect the Licensor against incurring any legal cost in defending claims for alleged loss. 3.2 Primary Policy; Additional Insured. All such insurance as required by this Section 3.0 shall be primary insurance and shall name the City as additional insured. 3.3 Insurance Increase. Not more frequently than one (1) time every three (3) years, if, in the opinion of the City Manager or the City's insurance broker, the amount of public liability and property damage insurance coverage at that time is not adequate, the City Manager may require modifications to this coverage. 3.4 Insurance Company. All insurance required under this Section 3.0 shall be issued by an insurance company authorized to do business in the State California, with a financial rating of at least A-3A status as rated in the most recent edition of Best's Insurance Reports or such comparable report should Best's Insurance Reports no longer be available. 3.5 Modification or Cancellation of Policy. All insurance required pursuant to this Section 3.0 shall contain an endorsement requiring thirty (30) days written notice from the insurance company to both parties before cancellation or change in the coverage, scope, or amount of any policy. Each policy, or a certificate of the policy, together with evidence of the payment of premiums, shall be deposited by Licensee with the City at the commencement of the term, and on a renewal policy not less than twenty (20) days before expiration of the term of the policy. 4.0 Termination. 4.1 The License is terminable with or without cause by the City Manager or his designee at any time. Applicant shall remove the Encroachment and restore the City Property to its former condition, at Applicant's sole cost and expense, within thirty (30) days of written notice from the City Manager. In the event Applicant fails to remove the Encroachment and restore the City Property within said time period, the City shall have the right to do so without notice. Applicant shall immediately reimburse the City for all expenses required to remove the Encroachment and restore the Property. Said amounts shall accrue interest from the date expended by the City at the maximum non -usurious interest rate permitted by law. 5.0 Miscellaneous. 5.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent prepaid, first-class mail to the addresses listed on the first page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy two (72) hours from the time of mailing if mailed pursuant to this Section 5.0. 5.2 Attorneys Fees. In any action between the parties hereto seeking enforcement of this Agreement, or in connection with the License or the Permit, the prevailing party in such action shall be entitled to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court costs. 5.3 Amendment or Modification. This Agreement may not be modified or amended except by written agreement executed by the then -owner of the Applicant Property 4 and the City Property and recorded in the Office of the County Recorder, County of Riverside, California. 5.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5.5 Severability. The invalidity or unenforceability of any provision of this Agreement with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof or the same provision when applied to another party or to a different set of circumstances. 5.6 Recordation. This License shall be recorded in the Office of the County Recorder, Riverside County, California, and it shall serve as notice to all parties succeeding to the interest of Licensee or the city that their use of the Licensee Property and the City Property shall be benefited and/or restricted in the manner herein described. r) IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. Glenwood Management Group LLC Indian, an Illinois Limited Liability Company M Fenton Booth, Manager (APPLICANT MUST HAVE SIGNATURE NOTARIZED) ATTEST: APPROVED AS TO FORM: Je rey allinger Palm Springs City Attorney "Applicant" CITY OF PALM SPRINGS, A California Charter City and Municipal Corporation David H. R Palm Springs City Manager MM BYWMwaGER 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. STATE OF D 1 V\Q IS } } COUNTY OF UA, } SS On 6V� � MZ , before me, ���I� V'( �� Notary Public, nATF 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), and that by his/her/their signatures(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. (Seal) LZOZ/1,0/8 saaldx3 uolsslwwo0 AV4 nrytiand and official al. slow111 fo ste WITNESS IS - ollgnd AXION -I`d3S Td1O13dO Signature of Notary 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. STATE OF COUNTY OF } } SS } On , before me, Notary Public, DATE 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), and that by his/her/their signatures(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. (Seal) WITNESS my hand and official seal. Signature of Notary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL •. t..��.'.n.G�C.z�C 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 On Date personally appeared before me, Here Insert Name and Title of the Officer Name(s) of Signer(s) 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), and 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. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: •✓�L, 4'L4"✓ 'LL'✓4'•✓4'.v4'✓6'•✓i•✓i•Li•✓ •✓4'•✓4\`✓4'✓4`,4'•✓i iL4'YL'•✓iL •Li•e/4'Li•LL"Ji•✓4�4�•'�. 4'LS'•✓4'.Y L'•✓4 'a/L V EXHIBIT "A" RESOLUTION NO. 6782 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THE APPROVAL OF TENTATIVE PARCEL MAP 37807 FOR THE CREATION OF A ONE -LOT CONDOMINIUM MAP (TPM 37807) ON A 1.13-ACRE PARCEL LOCATED AT 2150 NORTH ZANJERO ROAD, ZONE R-2, SECTION 03. A. Fenton Booth on behalf of Glenwood Management Group, LLC, ("Applicant") has filed an application with the City pursuant to Section 9.63.060 of the Zoning Ordinance for Tentative Parcel Map (TTM 37807) to allow the creation of a one -lot condominium map. B. Notice of the public hearing of the Planning Commission of the City of Palm Springs, California to consider TTM 37807 was given in accordance with applicable law. C. On November 13, 2019, a public hearing on the application was held by the Planning Commission in accordance with applicable law. D. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has determined that the project is categorically exempt from the requirements of CEQA pursuant to Section 15332 (In -Fill Development Projects) of the CEQA Guidelines E. The Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presents. F. Pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: The proposed project has been evaluated for compliance with the California Environmental Quality Act (CEQA) and has determined that the project is categorically exempt from the requirements of CEQA pursuant to Section 15332 (In -Fill Development Projects) of the CEQA Guidelines. Staff has recommended an adoption of a Categorical Exemption since proposed project meets the following criteria: 1. The project is consistent with the applicable general plan designation and applicable zoning designation; 2. The project is located within the City limits on a site of no more than five acres substantially surrounded by urban uses; 3. The project is not located on sites that have value as habitat for endangered, rare or threatened species; EXHIBIT "A" Planning Commission Resolution No. 6782 TPM 37807 Page 2 of 3 November 13, 2019 4. The project will not result in any significant impacts relating to traffic, noise, air quality, or water quality; and 5. The project can be adequately served by all required utilities and public services. Section 2: Findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and discussions of the project as it relate to these findings follows: a. That the proposed Tentative Parcel Map is consistent with all applicable general and specific plans. The TPM proposes one (1) lot equaling 49,405-square feet for the purpose of a seventeen (17) unit condominium project. The proposed use meets the density requirement for Medium Density Residential (MDR) consistent with the General Plan land use designation, and thus, this finding has been met. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed one -lot condominium map is consistent with the R-2 zone in which the property is located. The Tentative Parcel Map will consist of one -lot equaling 49,405- square feet. The design of the proposed condominium development is consistent with the applicable zoning designation as well. c. The site is physically suited for this type of development. The site is physically suited for this type of development given that the 1.13-acre parcel is adequate in size to accommodate the 17-unit complex currently under construction. The development will have access to the existing public streets in the immediate vicinity. Site modifications will include the placement of new sidewalks and a complex perimeter wall. d. The site is physically suited for the proposed density of development. The proposed seventeen (17)-unit condominium project on a 49,405-square foot lot is consistent with the allowable density of 6.1 — 15 dwelling units per acre in the MDR General Plan designation. In addition, the R-2 zone requires 3,000-square feet per dwelling unit which is within the zone density requirement. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The site has been previously disturbed and there are construction activities currently underway at the subject site. A phase 1 environmental assessment was previously conducted at the site; there were no wildlife or their habitat detected, therefore, there will be no environmental damages as a result of the proposed condominium map. EXHIBIT "A" Planning Commission Resolution No. 6782 TPM 37807 Page 3 of 3 November 13, 2019 f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed condominium complex includes connections to all public utilities including water and sewer systems. The private driveways from North Palm Canyon Drive will provide access to the subject lot. Pedestrian access will connect the condominium complex to existing sidewalks. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements across the subject property; therefore, the design of the one -lot condominium map will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design. Section 3: NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission recommends to the City Council approval of Tentative Tract Map 37807 subject to the conditions contained in Exhibit A, which is attached hereto and made a part of this resolution. ADOPTED this 13th day of November, 2019. AYES: DONENFELD, GARNER, SONG, WOODS NOES: HIRSCHBEIN ABSENT: MORUZZI ABSTAIN: NONE ATTEST: Flinn Fagg, AIC Director of Planning Services CITY OF PALM SPRINGS, CALIFORNIA EXHIBIT "A" Planning Commission Resolution No. 6782 Exhibit A Case 3.3989-MAJ / TPM 37807 Glenwood Management Group 17-Unit Condominium Complex 2150 North Zanjero Road November 13, 2019 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. ADMINISTRATIVE: ADM 1. Proiect Description. This approval is for the project described per Case TPM 37807; except as modified with the approved the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped September 09, 2019, including site plans, 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. 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 TPM 37807. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval Case No. 3.3989-MAJ / TPM 37807 November 13, 2019 Page 2 of 18 of Palm Springs and the applicant will either undertake defense of the matter and 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 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 6. 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, 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 7. Time Limit on Approval. Approval of the Architectural Application (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM 8. 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 9. 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 10. 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 EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval Case No. 3.3989-MAJ / TPM 37807 November 13, 2019 Page 3 of 18 pursuant to Ordinance No. 1632, Section IV, by multiplying the 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). ENVIRONMENTAL ASSESSMENT: ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $50 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA). PLANNING DEPARTMENT: 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) of the Palm Springs Municipal Code and all other 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 of a building permit. Landscape plans shall be wet stamped and approved by the Riverside EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval Case No. 3.3989-MAJ / TPM 37807 November 13, 2019 Page 4 of 18 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 State's Water Efficient Landscape Ordinances. PLN 3. 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 4. 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 5. Pre -wiring for Installation of Photo -voltaic systems. If the project does not include photo -voltaic system(s) for electrical production, "pre -wiring" and appropriate configuration of electrical panels and conduit must be provided to accommodate the future installation of such equipment on rooftops of structures within the proposed development. PLN 6. Solar Panels on Carports. The applicant shall be required to install solar panels on all carports at the apartment complex. (Added by PC on 7.26.17) PLN 7. Trash Bins Stash bins shall be placed behind screened location at all times with the exception of garbage collection days. ENGINEERING DEPARTMENT: 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. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. STREETS ENG 1. The Engineering Services Department recommends deferral of off -site improvement items (identified as "Deferred') at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) prior to approval of the Grading Plan or issuance of grading or building permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval Case No. 3.3989-MAJ / TPM 37807 November 13, 2019 Page 6 of 18 the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. ENG 2. 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. ENG 3. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. NORTH INDIAN CANYON DRIVE ENG 4. 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. "Deferred' ENG 5. Construct an 8 feet wide sidewalk behind the future curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. "Deferred' ENG 6. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 7. Construct a 14-feet wide raised, landscaped median island as specified by the City Engineer across the entire frontage. Landscaping and irrigation plans for the median shall be submitted to the City Engineer for review and approval, in conjunction with the associated street improvement plans. "Deferred' ENG 8. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Parks and Recreation. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant, for future use by the City upon acceptance of the median landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. "Deferred' ENG 9. All median landscaping shall be guaranteed for a period of one year from the date of acceptance by the City Engineer. Any landscaping that fails during the one year landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval Case No. 3.3989-MAJ / TPM 37807 November 13, 2019 Page 6 of 18 subject to a subsequent one year landscape maintenance period. "Deferred' ENG 10. 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 frontage 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. "Deferred' ENG 11. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ZANJERO ROAD ENG 12. Contact Desert Water Agency at (760) 323-4971 to determine impacts to any existing Whitewater Mutual Water Company water lines and other facilities that may be located within the existing 30 feet wide strip parcel adjacent to Zanjero Road (APN# 504-270-014). Applicant to acquire an easement for street purposes from Via Escuela and extending north along the frontage of project. Make appropriate arrangements to protect in place or relocate any facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities and an executed Grant of Easement from Desert Water Agency shall be submitted to the Engineering Services Department prior to approval of the Grading Plan. ENG 13. Construct a 6 inch curb and gutter, 18 feet east of centerline from the intersection of Via Escuela and along the entire frontage, with a 25 feet radius curb return, spandrel and cross gutter at the northeast corner of the intersection of Via Escuela and Zanjero Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 14. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 15. Construct two 24 feet wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 205. EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval Case No. 3.3989-MAJ / TPM 37807 November 13, 2019 Page 7 of 18 ENG 16. Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Via Escuela and Zanjero Road and in accordance with City of Palm Springs Standard Drawing No. 212. ENG 17. Construct pavement with a minimum pavement section of 2 '/ 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 6 feet west of centerline from the intersection of Via Escuela and Zanjero Road along the entire frontage 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 18. An application for an Encroachment Agreement shall be submitted to the Engineering Services Department to allow installation of landscaping and appurtenances within the public right-of-way across the frontage of APN#504-270-016. The application for the Encroachment Agreement shall be approved prior to issuance of a certificate of occupancy. ENG 19. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON -SITE ENG. 20. The minimum pavement section for all on -site pavement drive aisles, parking spaces shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG. 21. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. SANITARY SEWER EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval November 13, 2019 Case No. 3.3989-MAJ / TPM 37807 Page 8 of 18 ENG. 22. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING ENG. 23. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department 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 Services Department 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 "Coachella 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 Services Department with current and valid Certificate(s) of Completion from AQMD for staff that has 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 "PM10" 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, shall be submitted to and approved by the Engineering Services Department 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; and a copy of the associated Hydrology Study/Report; 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 ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI- THPOCa-aquacaliente.net to determine their requirements, if any, *AV :I1=31dv-ll l Planning Commission Resolution No. 6782 Conditions of Approval Case No. 3.3989-MAJ / TPM 37807 November 13, 2019 Page 9of18 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. 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 10 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. A Notice of Intent (NOI) to comply with the California General Construction Stormwater 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. 29. 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.30. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan if required) or prior to issuance of any permit. EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval Case No. 3.3989-MAJ / TPM 37807 November 13, 2019 Page 10 of 18 ENG. 31. 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 Services Department prior to construction of any building (or structure) foundation. ENG. 32. 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 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). WATER QUALITY MANAGEMENT PLAN ENG. 33. 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 to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG. 34. 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. DRAINAGE EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval November 13, 2019 Case No. 3.3989-MAJ / TPM 37807 Page 11 of 18 ENG. 35. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on -site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On -site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on -site retention. ENG. 36. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $ 6511.00 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG. 37. 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 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. 38. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval Case No. 3.3989-MAJ / TPM 37807 November 13, 2019 Page 12 of 18 be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. ENG. 39. All proposed utility lines shall be installed underground ENG. 40. 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 lines, 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 requirements published by the utilities. The existing overhead utilities across the west 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 Services Department 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 Services Department identifying 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. 41. The applicant is advised that deferral of utility undergrounding requires specific approval by the Planning Commission and City Council. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner(s) shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) and submitted to the City Engineer prior to issuance of a building permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the developer prior to issuance of any grading or building permits. ENG. 42. 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. EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval November 13. 2019 Case No. 3.3989-MAJ / TPM 37807 Page 13 of 18 ENG. 43. 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. 44. 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 Services Department 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. 45. Nothing shall be constructed or planted in the corner cut-off area of any 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. 46. All proposed trees within the public right-of-way and within 10 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. ENG. 47. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of Building Permit. TRAFFIC ENG. 48 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. ENG. 49. 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. 50. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval Case No. 3.3989-MAJ / TPM 37807 MAP November 13, 2019 Page 14 of 18 ENG 1. 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. The annexation shall be completed by action of the city council in a public hearing, prior to processing a final map for approval. ENG 2. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department 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 Services Department as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. ENG 3. 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 Services Department's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final (Parcel) Map by the City Council, or in the absence of a Final (Parcel) Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy. ENG 4. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines 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. FIRE DEPARTMENT: FID 1 These conditions are subject to final plan check and review. Initial Fire EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval Case No. 3.3989-MAJ / TPM 37807 November 13, 2019 Page IS of 18 Department conditions have been determined from the plans received July 13, 2017. These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. FID 2 Fire Department Conditions are based on the 2016 Califomia Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "O" Development Requirements 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 Complete plans for private fire service mains or fire sprinkler systems should be submitted for approval well in advance of installation. 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. Inspection fees are charged at the fully burdened hourly rate of the fire inspector. 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. 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 Conditions of Approval — "Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval November 13, 2019 Case No. 3.3989-MAJ / 7PM 37807 Page 16 of 18 to submit will result in a delay of plan approval. FID 5 Fire Apparatus Access Roads (CFC 503.1.1): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an unobstructed width of not less than 24 feet except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. 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. • Fire Lanes — signage and/or curb markings required Project Note: Project is not compliant with the above "150' Rule". An interior standpipe system may be used as an alternate means of protection. Contact the fire department for details. FID 6 Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. Project Note: Approved access required to reach all grade level exterior walls. FID 7 Turning radius (CFC 503.2.4): Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet. Radius must be concentric. FID 8 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be prohibited unless approved by the fire code official. FID 9 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 EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval November 13, 2019 Case No. 3.3989-MAJ / TPM 37807 Page 17 of 18 access as required by the fire code official. FID 10 Operational Fire Hydrant(s) (CFC 607.1, 607.5 & C105.1): An approved water supply capable of supplying the required fire flow for fire protection shall be provided. • Maximum distance from any point on street frontage to a public hydrant — 250 feet • Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction and shall be serviceable prior to and during construction FID 11 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. • Shall comply with Palm Springs Fire Code Appendix "O" FID 12 Fire Extinguisher Requirements (CFC 906): Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. FID 13 Residential Smoke and Carbon Monoxide Alarms Installation (CFC 907.2.11.2/3/4; CRC R314 & R315; and California Health & Safety Code 17926): Provide and install Residential Smoke and Carbon Monoxide Alarms. Alarms shall receive their primary power from the building wiring, and shall be equipped with a battery backup. In new construction, alterations, repairs and additions, smoke and carbon monoxide alarms shall be interconnected. The operation of any smoke alarm will cause all smoke alarms within the dwelling to sound. The operation of any carbon monoxide alarm will cause all carbon monoxide alarms within the dwelling to sound. FID 14 Hazardous Materials (CFC 5004.1): Storage of hazardous materials in amounts exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001, 5003 and 5004. Storage of hazardous materials in amounts not exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001 and 5003. Retail and wholesale storage and display of nonflammable solid and nonflammable and noncombustible liquid hazardous materials in Group M occupancies and Group S storage shall be in accordance with Section 5003.11. • Pool Chemicals — dedicated, compliant storage cabinets, rooms, or areas required • Liquid Petroleum Gas (LPG) — dedicated, compliant storage cabinets, rooms, or areas required EXHIBIT "A" Planning Commission Resolution No. 6782 Conditions of Approval Case No. 3.3989-MAJ 1 TPM 37807 November 13, 2019 Page 18 of 18 Project Note: Show compliant chemical storage room on plans END OF CONDITIONS EXHIBIT "B" RESOLUTION NO.24692 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PROPOSED TENTATIVE PARCEL MAP TPM 37807 FOR THE CREATION OF A ONE -LOT CONDOMINIUM MAP FOR A PREVIOUSLY APPROVED 17-UNIT APARTMENT COMPLEX LOCATED AT 2150 NORTH ZANJERO ROAD, ZONE R-2, SECTION 03. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Fenton Booth on behalf of Glenwood Management Group, LLC, ("Applicant') has filed an application with the City pursuant to Section 9.63.060 of the Municipal Code for Tentative Parcel Map (TTM 37807) to allow the creation of a one -lot condominium map. B. Notice of the public hearing of the Planning Commission of the City of Palm Springs, California to consider TTM 37807 was given in accordance with applicable law. C. On November 13, 2019, a public hearing on the application was held by the Planning Commission in accordance with applicable law. D. On December 19, 2019, a public hearing on the proposed Tentative Parcel Map 37807 application was held by City Council in accordance with applicable law. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed condominium map, including but not limited to the staff report and all written and oral testimony presented. E. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has determined that the project is categorically exempt from the requirements of CEQA pursuant to Section 15332 (In -Fill Development Projects) of the CEQA Guidelines Furthermore, the project meets the following CEQA criteria: 1. The project is consistent with the applicable general plan designation and applicable zoning designation; 2. The project is located within the City limits on a site of no more than five acres substantially surrounded by urban uses; 3. The project is not located on sites that have value as habitat for endangered, rare or threatened species; 4. The project will not result in any significant impacts relating to traffic, noise, air quality, or water quality; and 5. The project can be adequately served by all required utilities and public services. _*,:/:11 k M:air Resolution No. 24692 Page 2 F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presents. G. Pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources. H. Findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and discussions of the project as it relate to these findings follows: a. That the proposed Tentative Parcel Map is consistent with all applicable general and specific plans. The TPM proposes one (1) lot equaling 49,405-square feet for the purpose of a seventeen (17) unit condominium project. The proposed use meets the density requirement for Medium Density Residential (MDR) consistent with the General Plan land use designation, and thus, this finding has been met. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed one -lot condominium map is consistent with the R-2 zone in which the property is located. The Tentative Parcel Map will consist of one lot equaling 49,405- square feet. The design of the proposed condominium development is consistent with the applicable zoning designation as well. c. The site is physically suited for this type of development. The site is physically suited for this type of development given that the 1.13-acre parcel is adequate in size to accommodate the 17-unit complex currently under construction. The development will have access to the existing public streets in the immediate vicinity. Site modifications will include the placement of new sidewalks and a complex perimeter wall. d. The site is physically suited for the proposed density of development. The proposed seventeen (17) unit condominium project on a 49,405-square foot lot is consistent with the allowable density of 6.1 —15 dwelling units per acre in the MDR General Plan designation. In addition, the R-2 zone requires 3,000-square feet per dwelling unit which is within the zone density requirement. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. EXHIBIT "B" Resolubon No. 24692 Page 3 The site has been previously disturbed and there are construction activities currently underway at the subject site. A phase 1 environmental assessment was previously conducted at the site; there were no wildlife or their habitat detected, therefore, there will be no environmental damages as a result of the proposed condominium map. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed condominium complex includes connections to all public utilities including water and sewer systems. The private driveways from North Palm Canyon Drive will provide access to the subject lot. Pedestrian access will connect the condominium complex to existing sidewalks. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements across the subject property; therefore the design of the one -lot condominium map will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this resolution. SECTION 2. CEQA. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be categorically exempt pursuant to Section 15332 (In -Fill Development Projects) of the CEQA Guidelines. SECTION 3. The City Council hereby approves the proposed Tentative Parcel Map 37807 to allow the creation of a One -Lot Condominium map for the previously approved seventeen -unit apartment complex located at 2150 North Zanjero Road. Resolution No.24692 EXHIBIT "B" Page 4 ADOPTED THIS 19TH DAY OF DECEMBER 2019. ATTEST: nthony J.tleja�� City Clark David H. Ready, City Ma r CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24692 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 the 19th day of December, 2019, by the following vote: AYES: Councilmembers Middleton, Woods, and Mayor Kors NOES: None ABSENT: Councilmember Garner, and Mayor Pro Tern Holstege ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this *I+— day of �ar►�a 2_0 �, hony J. M ji MC City Clerk RECORDING REQUESTED SY NORTH AMERICAN TITLE COMPANY .91402-20-002.45 AND WHEN RECORDED MAIL DOCUMENT TO: Glenwood management Group LLC 333 S. Desplalnes Street, Suite 207 Chicago IL 60661 APN: 504-270-M TRA: 011-060 EXHIBIT "C" Tract Map 37807 2020-0628986 12/10/2020 04:02 PM Fee: $ 13.00 Page 1 of 7 Sub -Guarantee Pages 4 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder 1111 � 1;1110011.I11 II Ma' pj rpm i309 Pursuant to Senate Bill 2- Building -Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate Instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee Imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). 0 Exempt from fee per GC 27388.1(a) (2); recorded concurrently "in connection with" a transfer subject to the Imposition of documentary transfer tax (DTI). Q Exempt from fee per GC 27388.1(a) (2); recorded concurrently "In connection with" a transfer of real property that Is a residential dwelling to an owner -occupier. O Exempt from fee per GC 27388.1(a) (1); fee cap of $225.00 reached. 0 Exempt from the fee per GC 27388.1(a) (1); not related to real property. THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) EXHIBIT "C" CLTA GUARANTEE FORM NO.14 SUBDIVISION GUARANTEE File No.: 91402-19-00245 Guarantee No.: 91402-19-00245 Fee: $350.00 Subdivision: TM 37807 NORTH AMERICAN TITLE INSURANCE COMPANY a corporation GUARANTEES The County of Riverside and any City within which said subdivision is located in a sum not exceeding $10,000.00. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the tide to the land Included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest In sold land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are: 1. Glenwood Management Group LLC Indian, an Illinois Limited Liability Company (Owner) 2. The signature of the party named hereinafter as owner of the interest set forth, may be omitted under the provisions of Section 66436, Subsection (a) (3)(A)(1-viii) of the Subdivision Map Act, their interest is such that it cannot ripen into a fee title and said signature is not required by the local agency. Nature of interest: roadway and Incidental purposes Name of Party: Weltwood Murray, et at, By document recorded: the 7th day of December, 1909, in Book 294 of Deeds, at page 126. 3. The signature of the party named hereinafter as owner of the Interest set forth, may be omitted under the provisions of Section 66436, Subsection (a) (3)(A)(i-viii) of the Subdivision Map Act, their Interest Is such that it cannot ripen into a fee title and said signature is not required by the local agency. Nature of interest: public utilities and incidental purposes Name of Party: California Water & Telephone Company and California Electric Power Company By document recorded: September 30, 1955 as Book 1800, Page 612 of Official Records. 4. The signature of the party named hereinafter as owner of the interest set forth, may be omitted under the provisions of Section 66436, Subsection (a) (3)(A)(i-viii) of the Subdivision Map Act, their interest is such that it cannot ripen into a fee title and said signature Is not required by the local agency. Nature of interest: public utilities and incidental purposes Name of Party: Califomla Electric Power Company By document recorded: July 29, 1960 as Book 2740, Page 561 of Official Records. 5. The signature of the party named hereinafter as owner of the interest set forth, may be omitted under the provisions of Section 66436, Subsection (a) (3)(A)(i-viii) of the Subdivision Map Act, their interest is such that it cannot ripen into a fee title and said signature Is not required by the local agency. Nature of interest: pipelines and incidental purposes ® California Land Title Association. All rights reserved. The use of this Form Is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA Guarantee Form No. 14 (Rev. 411 WS) 91402-19-00245 Subdivision Guarantee EXHIBIT "C" Name of Party. Whitewater Mutual Water Company By document recorded: May 25,1928 in Book 767 of Deeds, Page 232. 6. The signature of the party named hereinafter as owner of the interest set forth, may be omitted under the provisions of Section 66436, Subsection (a) (3)(A)(1-vial) of the Subdivision Map Act, their interest is such that it cannot ripen into a fee title and said signature is not required by the local agency. Nature of Interest: public utilities and Incidental purposes Name of Party. The Southern Sierras Power Company By document recorded: June 16, 1936 as Book 286, Page 65 of Official Records. 7. The signature of the party named hereinafter as owner of the interest set forth, may be omitted under the provisions of Section 66436, Subsection (a) (3)(A)(i-viii) of the Subdivision Map Act, their Interest is such that it cannot ripen into a fee title and said signature Is not required by the local agency. Nature of interest: public -utilities and incidental purposes Name of Party: California Electric Power Company By document recorded: July 29, 1960 as Book 2741, Page 228 of Official Records. 8. The signature of the party named hereinafter as owner of the interest set forth, may be omitted under the provisions of Section 66436, Subsection (a) (3)(A)(I-vill) of the Subdivision Map Act, their interest is such that it cannot ripen into a fee title and said signature is not required by the local agency. Nature of interest: public utilities and Incidental purposes Name of Party. Desert Water Agency By document recorded: March 08, 2019 as Instrument No. 2019-0079979 of Official Records. 9. The signature of the party named hereinafter as owner of the interest set forth, may be omitted under the provisions of Section 66436, Subsection (a) (3)(A)(1-vili) of the Subdivision Map Act, their interest is such that it cannot ripen into a fee title and said signature is not required by the local agency. Nature of Interest: public utilities and incidental purposes Name of Party: Southern California Gas Company By document recorded: April 30, 2019 as Instrument No. 2019-0147312 of Official Records. 10. The signature of the party named hereinafter as owner of the Interest set forth, may be omitted under the provisions of Section 66436, Subsection (a) (3)(A)(1-viii) of the Subdivision Map Act, their interest is such that it cannot ripen into a fee title and said signature is not required by the local agency. Nature of interest: public utilities and Incidental purposes Name of Party: Southern California Edison Company By document recorded: April 23, 2020 asM Instrument No. 2020-0177665, Official Records. The map hereinbefore referred to is a subdivision of: PARCEL "A" AND "B" OF L.L.A.19-04-2150, INSTRUMENT NO.2019-0289290. REC. 6/28/2019 SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers In good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA Guarantee Form No.14 (Rev. 411WS) 91402-1"0245 Subdivision Guarantee EXHIBIT "C" North American Title Company NORTH AMERICAN TITLE INSURANCE COMPANY teven Clark BY E"10 FSMandeZ. PRESIDENT Dated October , 2020 ATTEST 42.dtn. SECRETARY o+tisoaN�� © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. Ail other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA Guarantee Form No.14 (Rev. 4110f76) 91402-18-DO245 Subdivision Guarantee EXHIBIT "D" h Vl a � o O Qa� N hit ff h -L h I i I Ci Jy W U 3 <4 y F,VOP �1`� R��N�u g � � �6i¢�� 4.��P F�+ j W aOJPa4�11� �✓ NO<Y yi Wp HE 2 }n = 0!1 OR IN R < x > m v r �4 a hm� o To W Sl ,3a W J j=9p9� � Nadi 16 Ig a 2 1 RAO_ 0! RIX 2 W C4'j fill EXHIBIT "D" jE73 i12 nion Y in '^ S IN WWO am l O hW < NW < 15 < V W < W < W S W � $2<2° �� k.. $ � . $� �. �� k•: �� k�•5. �� kp: $� gyp: 1- ` Wx $z W2 $ia a RMWI $ RM wz N $ 2M<�z $ RM V) 43W h a a a a ^ EXHIBIT "D" %AN R 4c it vJ e e Ro'llo 2 U � � Z w ~ lid � K $ 6 44CO` N�g�UpU` 3AW NOANVO NVIaW N 5 a a 0 ro 0 A. �J��Ov JO a b � N ZANJERO NO' Nsr.Na� 9201, � tl a N Qioii2iiS b lit$" Pi. P LS 8 _I�y2 y1 G 02 N 0q2 TAR O �N... 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