HomeMy WebLinkAbout24N193 - AG Land Investments (Subdivision Improvement Agreement)CONTRACT ABSTRACT
2 Originals: Agreement; 1 Original: Performance, iVlonumentation, Labor and iMateriai,
DWA Performance bonds.
Contract
Company Name: AG Land Investments 1.1_C
Company Contact: Adam Gilbert — Managing Member
Summary of Services: TNI 38049 — Subdivision Improvement Agreement
Contract Price: $315.000.00
Funding Source: n/a
Contract TerIll: ') year
Contract Administration
Lead Department: laiginecring Services
Contract Administrator: Joel Montal\o / .Ioiiathatl Sanlaliego
Contract Approvals
Council Approval: July 25, 2024
Minute Order: Item 12.
Agreement Number: 2419193
Contract Compliance
1?xhibits: Attached
Signatures: Attached
Insurance: n/a
Bonds: Attached
Contract Prepared 13y: I-"ngineering Services
Submitted on: 08/13/202=4 By: Jonathan SamaIllego
RECORDING REQUESTED BY:
CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263
Attn: Office of the City Clerk
2024-0293365
09/27/2024 04,29 PM Fee $ 0.00
Page 1 of 39
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
554
SPACE ABOVE FOR RECORDER ONLY
Filing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
AG Land Investments LLC, a California Limited
Liability Company
and
The City of Palm Springs, California
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
F/
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TABLE OF CONTENTS
Construction Obligations......................................................................................1
1.1
Works of Improvement...............................................................................
1
1.2
Other Obligations Referenced in Conditions of
Tentative Map Approval.............................................................................
2
1.3
Intent of Plans............................................................................................
2
1.4
Survey Monuments....................................................................................2
1.5
Performance of Work.................................................................................
2
1.6
Changes in the Work.................................................................................
2
1.7
Defective Work..........................................................................................
3
1.8
No Warranty by City...................................................................................
3
1.9
Authority of the City Engineer....................................................................
3
1.10
Documents Available at the Site................................................................
3
1.11
Inspection..................................................................................................
3
1.12
Compliance with Law.................................................................................4
1.13
Suspension of Work...................................................................................4
1.14
Final Acceptance of Works of Improvement ..............................................
4
Time for Performance...........................................................................................4
2.1
Commencement and Completion Dates ....................................................
4
2.2
Phasing Requirements...............................................................................
5
2.3
Force Majeure............................................................................................
5
2.4
Continuous Work.......................................................................................
5
2.5
Reversion to Acreage................................................................................
5
2.6
Time of the Essence..................................................................................
6
Labor....................................................................................................................
6
3.1
Labor Standards........................................................................................
6
3.2
Nondiscrimination......................................................................................
6
3.3
Licensed Contractors.................................................................................6
3.4
Workers' Compensation.............................................................................6
Security................................................................................................................
6
4.1
Required Security......................................................................................
6
4.2
Form of Security Instruments.....................................................................
7
4.3
Subdivider's Liability..................................................................................
8
4.4
Letters of Credit.........................................................................................
8
4.5
Release of Security Instruments................................................................
9
5. Cost of Construction and Provision of Inspection
Service................................................................................................................. 9
5.1 Subdivider Responsible for All Related Costs of
Construction............................................................................................... 9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services........................................................................ 10
6. Acceptance of Offers of Dedication.................................................................... 10
7. Warranty of Work................................................................................................ 10
8. Default................................................................................................................10
8.1 Remedies Not Exclusive.......................................................................... 10
8.2 City Right to Perform Work...................................................................... 10
8.3 Attorney's Fees and Costs....................................................................... 11
9. Indemnity............................................................................................................ 11
10 General Provisions............................................................................................. 11
10.1 Successors and Assigns.......................................................................... 11
10.2 No Third Parry Beneficiaries.................................................................... 11
10.3 Entire Agreement; Waivers and Amendments ......................................... 11
11. Corporate Authority............................................................................................ 11
2
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THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this 15 day of 5011 , 20'24 , by and between the
CITY OF PALM SPRINGS, a California chartr city ("CITY"), and AG Land Investments
LLC, a California limited liability company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 38049 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit "B".
B. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
C. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $315,000.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
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Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
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field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
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Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon demonstration of good cause, subject to
review and approval by the City Council.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
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3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. In connection with its performance under this
Agreement, Subdivider shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital
status, ancestry, national origin (i.e., place of origin, immigration status, cultural or
linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender
expression, physical or mental disability, or medical condition (each a "prohibited
basis"). Subdivider shall ensure that applicants are employed, and that employees are
treated during their employment, without regard to any prohibited basis. As a condition
precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Subdivider certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Subdivider activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship; and further, that Subdivider is in full compliance with the provisions of
Palm Springs Municipal Code Section 7.09.040, including without limitation the
provision of benefits, relating to non-discrimination in city contracting. This provision
shall also apply to any contractors or subcontractors engaged in construction of the
Works of Improvement.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Security.
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
0
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$315,000.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $158 000.00 equal to 50% of the estimated construction cost
referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $4,500.00 equal to 100% of the
cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $48 000.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
7
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
n
I
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5,
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
9
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed -upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
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8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
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Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authoritv.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
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IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST:
CALIFORNIA
By
BrAdaPree,-City Clerk
City of Palm Springs
APPROVED AS TO FORM:
9 4R
Jeff allin er', C ttorney
City of Palm Springs
SUBDIVIDER:
J
CITY OF PALM SPRINGS,
Ewm�
km Scott C. Stiles, City Manager
C fe5o�, Ga�laVa1�
City of Palm Springs Aq.;S+MY't Cl}v ranger
AG Land Investments LLC, a California limited liability company
Check one: _Individual _Partnership _Corporation* X Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By:
Signature (notarized)
Name: AdQnt� /n • �i b
Title:
L
Signature (notarized)
Name:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
Mailing Address:
tf-wy 111
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CR 9 aa-mo
(_) - (fax)
14
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
On �tl� (�a� before me Bianca Davila, Notary Public, personally appeared
�2illgn� M. 61 -,who proved to me on the basis of
satisfactory evidence to be the person(.&) whose nameW is/are subscribed to the within
instrument and acknowledged to me that hei&heAliey executed the same in his/*&-f Nieir
authorized capacity(ies), and that by his/herkheir signatureEs) on the instrument the
person(s), or the entity upon behalf of which the personal 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.
BIANCA DAVILA
Notary Public - California
' Riverside County
Signature ` ,F Commission 92340512
asy Comm. Expires Dec 20. 2024
(Seal)
EXHIBIT "A"
TRACT MAP 38049 LEGAL DESCRIPTION
Tract Map No. 38049, as recorded in Map Book 117 , Pages 30 through _3I inclusive, records
of Riverside County, California.
iR
EXHIBIT "B"
TENTATIVE TRACT MAP 38049 CONDITIONS OF APPROVAL
17
Resolution No 24998
Page 7
RESOLUTION NO. 24998
EXHIBIT A
Case 5.1521 GPA/CZ; Case 38049 TTM; Case 7.1645 AMM
AG Land Investments, LLC
2700 East Alejo Road
March 24, 2022
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, Development Services Director, Building Official, 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 CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
5.1521 GPA/CZ and Case 38049 TTM; except as modified with the approved
Mitigation Monitoring Program and the conditions below;
ADM 2. 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 3. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding, against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1521 GPA/CZ, Case 38049 TTM, and Case
7.1645 AMM. The City of Palm Springs will promptly notify the applicant of
any such claim, action, or proceeding against the City of Palm Springs and
the applicant will either undertake defense of the matter 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
I
the defense, the applicant shall not, thereafter, be responsible to defend,
indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
Resolution No 24998
Page 8
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 4. 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, 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 5. 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.
ADM 6. 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 112% 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 7. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in -lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
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).
Resolution No 24998
Page 9
ADM B. The final development plans shall show eight (8) residential lots.
RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION (ALUC) CONDITIONS:
ALUC 1. Any new outdoor lighting shall be hooded or shielded to prevent either the
spillage of lumens or reflection into the sky. Outdoor lighting shall be
downward facing.
ALUC 2. The following uses/activities are not included in the proposed project and
shall be prohibited at this site:
(a) Any use which would direct a steady light or flashing light of red,
white, green, or amber colors associated with airport operations
toward an aircraft engaged in an initial straight climb following takeoff
or toward an aircraft engaged in a straight final approach toward a
landing at an airport, other than an FAA -approved navigational signal
light or visual approach slope indicator.
(b) Any use which would cause sunlight to be reflected towards an aircraft
engaged in an initial straight climb following takeoff or towards an
aircraft engaged in a straight final approach towards a landing at an
' airport.
(c) Any use which would generate smoke or water vapor, or which would
attract large concentrations of birds, or which may otherwise affect
safe air navigation within the area. (Such uses include landscaping
utilizing water features, aquaculture, outdoor production of cereal
grains, sunflower, and row crops, composting operations, wastewater
management facilities, artificial marshes, trash transfer stations that
are open on one or more sides, recycling centers containing
putrescible wastes, construction and demolition debris facilities, fly
ash disposal, and incinerators.)
(d) Any use which would generate electrical interference that may be
detrimental to the operation of aircraft and/or aircraft instrumentation.
(e) Children's schools, day care centers, libraries, hospitals, nursing
homes, and highly noise -sensitive outdoor nonresidential uses, and
hazards to flight.
(f) Highly noise -sensitive outdoor nonresidential uses.
(g) Any use which results in a hazard to flight, including physical (e.g. tall
' objects), visual, and electronic forms of interreference with the safety
of aircraft operations.
Resolution No 24999
Page 10
ALUC 3. The attached "Notice of Airport in Vicinity" shall be provided to all ,
prospective purchasers and occupants of the property and be recorded
as a deed notice. In the event that the Office of the Riverside County
Assessor -Clerk -Recorder declines to record said notice, the text of the
notice shall be included on the Environmental Constraint Sheet (ECS)
of the final map, if an ECS is otherwise required.
ALUC 4. Any proposed detention basins or facilities shall be designed and
maintained to provide for a maximum 48-hour detention period
following the design storm and remain totally dry between rainfalls.
Vegetation in and around the detention basins that would provide food
or cover for birds would be incompatible with airport operations and
shall not be utilized in project landscaping. Trees shall be spaced so
as to prevent large expanses of contiguous canopy, when mature.
Landscaping in and around the detention basin(s) shall not include
trees or shrubs that produce seeds, fruits, or berries.
Landscaping in the detention basin, if not rip -rap, should be in
accordance with the guidance provided in ALUC "LANDSCAPING
NEAR AIRPORTS " brochure, and the "AIRPORTS, WILDLIFE AND
STORMWATER MANAGEMENT' brochure available at
RCALUC.ORG which list acceptable plants from Riverside County ,
Landscaping Guide or other alternative landscaping as may be
recommended by a qualified wildlife hazard biologist.
A notice sign, in a form similar to that attached hereto, shall be
permanently affixed to the stormwater basin with the following
language: 'There is an airport nearby. This stormwater basin is
designed to hold stormwater for only 48 hours and not attract birds.
Proper maintenance is necessary to avoid bird strikes". The sign will
also include the name, telephone number or other contact information
ofthe person orentity responsible to monitor the stormwater basin.
ALUC 5. The ALUC overflight informational brochure shall be provided to
prospective purchasers showing the locations of aircraft flight
patterns, the frequency of overflights, the typical altitudes of the
aircraft, and the range of noise levels that can be expected from
individual aircraft overflights, as well as Compatibility Factors exhibit
from the Palm Springs Airport Land Use Compatibility Plan.
Resolution No 24998
Page 11
' ALUC 6. The project does not propose rooftop solar panels at this time. However, if
the, project were to propose solar rooftop panels in the future, the
applicant/developer shall prepare a solar glare study that analyzes glare
impacts, and this study shall be reviewed by the Airport Land Use
Commission.
E619:1W
ADM 1. The applicant prior to issuance of building permits shall submit a draft
declaration of covenants, conditions and restrictions ("CC&R's") to the Director
of Planning and Zoning for approval in. a form to be approved by the City
Attorney, to be recorded prior to approval of a final map. The CC&R's shall be
enforceable by the City, shall not be amended without City approval, shall
require maintenance of all property in a good condition and in accordance with
all ordinances.
ADM 2. At the time of filing of the CC&R's, the applicant shall submit to the City of Palm
Springs, a deposit in.the amount of $4,008, for the review of the CC&R's by the
City Attorney. An 'additional filing fee shall also be paid to the City Planning
Department for administrative review purposes.
Cultural Resources
ADM 3. Given that portions of the project area are within an alluvial formation; the
possibility of buried resources is increased. A Native American Monitor shall
be present during all ground -disturbing activities.
a. Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s) shall be
present during all ground disturbing activities including clearing and grubbing,
excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua
Caliente Band of Cahuilla Indian Cultural Office for additional information on
the use and availability of Cultural Resource Monitors. Should buried cultural
deposits be encountered, the Monitor shall contact the Director of Planning
and Zoning and after the consultation the Director shall have the authority to
halt destructive construction and shall notify a Qualified Archaeologist to
investigate and, if necessary, the Qualified Archaeologist shall prepare a
treatment plan for submission to the State Historic Preservation Officer and
Agua Caliente Cultural Resource Coordinator for approval.
b. Two copies of any cultural resource documentation generated in connection
with this project, including reports of investigations, record search results and
' site records/updates shall be forwarded to the Tribal Planning, Building, and
Engineering Department and one copy to the City Planning and Zoning
Department prior to final inspection.
Resolution No 24998
Page 12
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. If unavoidable project construction activities must begin during the nesting
'
bird season (February 1st through August 31st), a pre -construction nesting
bird survey shall be conducted no more than 14 days prior to initiation of
ground disturbance and vegetation removal activities. The nesting pre -
construction bird survey shall be conducted by a biologist familiar with
identification of avian species known to occur in Riverside County. The
nesting bird survey shall be conducted on foot inside the project boundary,
including a 300-foot buffer for passerines (song birds) and 500-foot buffer for
raptors in areas of suitable habitat. Inaccessible areas will be surveyed using
binoculars to the extent practical. If nests are found, an avoidance buffer
(dependent upon species, the proposed work activity, the existing
disturbances associated with land uses outside of the site) shall be
determined and demarcated by the biologist with bright orange construction
fencing, flagging, construction lathe, or other means to mark the boundary. If
a raptor nest is observed in a tree proposed for removal, the applicant must
consult with CDFW. All construction personnel be notified of the existence of
the buffer zone and to avoid entering the buffer zone during nesting season.
No ground disturbing activities shall occur within this buffer area until the
avian biologist has confirmed the breeding/nesting is completed and the
young have fledged. Encroachment into the buffer shall occur only at the
discretion of the qualified biologist. Focused surveys for burrowing owl shall
be conducted by a qualified biologist and in accordance with California
Department of Fish and Wildlife (CDFW) guidelines (THCP Section
4.8.4.2(g))
ENV 2. The applicant shall pay the THCP (Tribal Habitat Conservation Plan) Valley
Floor Planning Area Fee as required by the THCP.
ENV 3. If buried cultural materials are discovered during the earth -moving operations,
all work in that area should be halted or diverted until a qualified archaeologist
can evaluate the nature and significance of the finds and, if necessary,
develop a treatment pan in consultation with the City of Palm Springs and the
appropriate Native American tribes.
ENV 4. In the unexpected event human remains are uncovered during construction
activities, all construction work taking place within the vicinity of the discovered
remains must cease and the necessary steps to ensure the integrity of the
immediate area must be taken. The County Coroner must be notified within 24
hours of the discovery of human remains. If the remains discovered are
determined by the coroner to be of Native American descent, the coroner shall
contact the Native American Heritage Commission (NAHC) within 24 hours. The
NAHC would in turn contact the Most Likely Descendant (MLD) would determine
further action to be taken. The MLD would have 48 hours to access the site and ,
make a recommendation regarding disposition of the remains.
Resolution No 24999
Page 13
ENV 5. Prior to issuance of a Grading Permit, the applicant shall obtain written
approval to proceed with construction from the Los Coyotes Band of Cahuilla
and Cupeno Indians and Agua Caliente Band of Cahuilla Indians, Tribal
Historic Preservation Officer or Tribal Archaeologist. The applicant shall
contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at
(760) 699-6800, to determine their requirements, if any, associated with
grading or other construction. The applicant is advised to contact the Tribal
Historic Preservation Officer or Tribal Archaeologist as early as possible. If
required, it is the responsibility of the applicant to coordination scheduling of
Tribal monitors during grading or other construction, and to arrange payment
of any required fees associated with Tribal monitoring.
ENV 6. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
' Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
ENV 7. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the mitigated negative declaration
will be included in the plans prior to Planning Commission consideration of
the environmental assessment.
ENV 8. Long Term Soil Stabilization and Dust Control. Those portions of the site that
are to be graded, cleared, and grubbed of natural vegetation for the
installation of the solar panel structures shall be provided with a long-term soil
stabilization program acceptable to the City of Palm Springs to control wind
borne dust and particulates. This may be either an overlay of gravel at sizes
of 3/4" or larger or other equivalent means as approved by the Dust Control
Management Division of the City Public Works Department.
ENV 9. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
' ground surface. Copies of any cultural resource documentation (report and
site records) generated in connection with this project shall be submitted to
the Agua Caliente Band of Cahuilla Indians.
Resolution No 24998
Page 14
ENV 10. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall I
be present during all ground -disturbing activities.
a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability
of Cultural Resource Monitors. Should buried cultural deposits be
encountered, the Monitor shall contact the Director of Planning. After
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to further
investigate the site. If necessary, the Qualified Archaeologist shall
prepare a treatment plan for submission to the State Historic Preservation
Officer and Agua Caliente Cultural Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Approval of Case 5.1521 CZ (Change of Zone) shall be contingent upon the '
approval of Case 5.1521 GPA (General Plan Amendment), Case 38049 TTM
(Tentative Tract Map), and Case 7.1645 AMM (Administrative Minor
Modification).
PLN 2. Approval of Case 38049 TTM (Tentative Tract Map) shall be contingent upon
the approval of Case 5.1521 GPA (General Plan Amendment) and Case
5.1521 CZ (Change of Zone).
PLN 3. Approval of Case 5.1521 GPA/CZ and Case 38049 TTM shall be contingent
upon the approval of Case 7.1645 AMM.
PLN 4. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of
Title 25 of the California Administrative Code. Compliance shall be
demonstrated to the satisfaction of the Director of Building and Safety.
PLN 5. The street address numbering/lettering shall not exceed eight inches in
height.
PLN 6. Tentative Tract Maps shall be valid for a period of two (2) years. Extensions I
of time may be granted by the Planning Commission upon demonstration of
good cause.
Resolution No 24998
Page 15
PLN 7. The project is subject to the City of Palm Springs Water Efficient Landscape
' Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning for review and approval prior
to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal
Code for specific requirements.
PLN 8. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control
Plan shall be submitted and approved by the Building Official. Refer to
Chapter 8.50 of the Municipal Code for specific requirements.
PLN 9. The grading plan shall show the disposition of all cut and fill materials. Limits
of site disturbance shall be shown, and all disturbed areas shall be fully
restored or landscaped.
PLN 10. Prior to the issuance of building permits, locations of all telephone and
electrical boxes must be indicated on the building plans and must be
completely screened and located in the interior of the building. Electrical
transformers must be located toward the interior of the project maintaining a
sufficient distance from the frontage(s) of the project. Said transformer(s)
must be adequately and decoratively screened.
PLN 11. The applicant shall provide written notice to all buyers of the adjacent land
uses and noise impacts in a recordable form to be approved by the City
Attorney at the City Attorney's reasonable discretion. In the event the CC&Rs
are not required or proposed for the project, the requirement of the CC&Rs
shall be removed from the required conditions or not be required.
ENGINEERING DEPARTMENT CONDITIONS
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
ENG 1. 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 2. 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.
Resolution No 24998
Page 16
ALEJO ROAD
ENG 3. Construct a 6-inch curb and gutter, 32 feet north of centerline along
the entire frontage, with a 25 feet radius curb return and spandrel at
the northeast corner of the intersection of Alejo Road and Juanita
Road and remove and replace the existing curb return and spandrel
located at the northwest corner of Alejo Road and Commercial
Road in accordance with City of Palm Springs Standard Drawing
No. 200 and 206.
ENG 4. Remove and replace the existing 6 feet wide cross gutter at the
intersection of Alejo Road and Juanita Road and the intersection of
Alejo Road and Commercial Road with a flow line parallel with and
located 32 feet north of the centerline of Alejo Raod in accordance
with City of Palm Springs Standard Drawing No. 200 and 206.
ENG 5. 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 6. Construct a Type A curb ramp meeting current California State
Accessibility standards at the northeast corner of the intersection of
Alejo Road and Juanita Road in accordance with City of Palm
Springs Standard Drawing No. 212.
ENG 7. Remove and replace the existing curb ramp at the northwest comer
of Alejo Road and Commercial Road and construct a Type A curb
ramp meeting current California State Accessibility standard in
accordance with City of Palm Springs Standard Drawing No. 212.
ENG 8. Construct pavement with a minimum pavement section of 3 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.
Resolution No 24998
Page 17
ENG 9. Remove and replace existing asphalt concrete pavement where
' required, in accordance with applicable City standards.
ENG 10. All broken or off grade street improvements along the project
frontage shall be repaired or replaced.
COMMERCIAL ROAD
ENG 11. Upon development of lots 5 thru 8, the developer shall construct a
driveway approach with access to Commercial Road in accordance
with City of Palm Springs Standard Drawing No. 201.
ENG 12. Construct a 5 feet wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing
No. 210.
ENG 13. Construct a Type C curb ramp meeting current California State
Accessibility standards on the south side of the existing driveway
approach for APN#507-380-018 in accordance with City of Palm
Springs Standard Drawing No. 214.
ENG 14. All broken or off grade street improvements along the project
frontage shall be repaired or replaced.
JUANTA ROAD
ENG 15. Construct a 6-inch curb and gutter, 12 feet east of centerline along
the entire frontage to join existing improvements located at the
north property line in accordance with City of Palm Springs
Standard Drawing No. 200.
ENG 16. Upon development of lots 1 thru 4, the developer shall construct a
driveway approach with access to Juanita Road in accordance with
City of Palm Springs Standard Drawing No. 201
ENG 17. Construct an 8 feet wide meandering sidewalk behind the curb
along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 210.
ENG 18. Construct pavement with a minimum pavement section of 3 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
Resolution No 24998
Page 18
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 19. Remove and replace existing asphalt concrete pavement where
required, in accordance with applicable City standards.
ENG 20. All broken or off grade street improvements along the project
frontage shall be repaired or replaced.
SANITARY SEWER
ENG 21. All sanitary facilities shall be connected to the public sewer system.
New laterals shall not be connected at manholes.
GRADING
ENG 22. Submit a Rough Grading Plan prepared by a California registered civil
engineer to the Engineering Services Department for review and approval.
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
have completed the required training. For information on attending a
Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "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. The Grading Plan shall be approved by the City Engineer prior to
issuance of grading permit.
Resolution No 24998
Page 19
a. The first submittal of the Rough 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.
ENG 23. 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-
THPOeaauacaliente.net to determine their requirements, if any,
associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as
early as possible. If required, it is the responsibility of the applicant to
coordinate scheduling of Tribal monitors during grading or other
construction, and to arrange payment of any required fees associated with
Tribal monitoring.
ENG 24. 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 25. 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 26. 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 27. Prior to issuance of grading permit, the applicant shall provide verification
to the City that the Tribal Habitat Conservation Plan (THCP) fee has been
paid to the Agua Caliente Band of Cahuilla Indians in accordance with the
THCP.
ENG 28. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or
I
gutters
Resolution No 24998
Page 20
ENG 29. A Notice of Intent (NO)) 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
(WD1D) number shall be provided to the City Engineer prior to issuance of
a grading or building permit.
ENG 30. This project requires preparation and implementation of a stormwater
pollution prevention plan (SWPPP). As of September 4, 2012, all
SWPPPs shall include a post -construction management plan (including
Best Management Practices) in accordance with the current Construction
General Permit. Where applicable, the approved final project -specific
Water Quality Management Plan shall be incorporated by reference or
attached to the SWPPP as the Post -Construction Management Plan. A
copy of the up-to-date SWPPP shall be kept at the project site and be
available for review upon request.
ENG 31. In accordance with City of Palm Springs Municipal Code, Section 8.50.022
(h), the applicant shall post with the City a cash bond of two thousand
dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000
square feet or more) at the time of issuance of grading permit for
mitigation measures for erosion/blowsand relating to this property and
development.
ENG 32. A Geotechnical/Soils Report prepared- by a California registered
Geotechnical Engineer shall be required for and incorporated as an
integral part of the 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.
ENG 33. The applicant shall provide Grading Certification for all building (or
structure) pads in conformance with the approved grading plan to the
Engineering Services Department for review and approval.
Resolution No 24998
Page 21
' ENG 34. In cooperation with the California 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" (Revised - RIFA Form CA-1) prior to approval of the Grading
Plan (if required). The California Department of Food and Agriculture
office is located at 6819 East Gage Avenue, Commerce, Ca 90040
(Phone (760)782-3271, (562)505-6415), Sonia.Oran@cdfa.ca.gov.
DRAINAGE
ENG 35. The applicant shall accept and convey all stormwater runoff across the
property and conduct the runoff to an approved drainage system. On -site
retention may be allowed on that portion of the property where historically,
stormwater runoff is conveyed. The incremental increase of stormwater
runoff due to development of the property shall be retained on -site to the
satisfaction of the City Engineer.
ENG 36. The project is subject to flood control and drainage implementation fees.
The acreage drainage fee at the present time is $10,311.99 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.
ENG 38. All proposed utility lines shall be installed underground.
ENG 39. The record property owner 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 and submitted to the City Engineer prior
to issuance of a grading 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
Resolution No 24998
Page 22
time that the covenant is submitted shall be Paid by the applicant prior to
issuance of any grading or building permits. ,
ENG 40. All existing utilities shall be shown on the improvement plans if required for
the project. The existing and proposed service laterals shall be shown
from the main line to the property line.
ENG 41. 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 2015 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 42. 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 43. Nothing shall be constructed or planted in the corner cut-off area of
any intersection or driveway which does or will exceed the height I
required to maintain an appropriate sight distance per City of Palm
Springs Zoning Code Section 93.02.00, D.
ENG 44. 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.
MAP
ENG 45. 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.
Resolution No 24998
Page 23
' ENG 46. 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 47. Acceptance of public improvements required of this development shall
be completed by resolution of the City Council to release the faithful
performance bond and acceptance of replacement maintenance bond
to be held for one year. An inspection will be performed nine months
after said acceptance as part of the notice of completion process, a
notice of completion will be filed certifying the improvements are
complete.
TRAFFIC
ENG 48. A minimum of 48 inches of clearance for accessibility shall be provided
on public sidewalks. Minimum clearance on public sidewalks shall be
provided by either an additional dedication of a sidewalk easement if
necessary and widening of the sidewalk, or by the relocation of any
obstructions within the public sidewalk along the frontage of the subject
property.
ENG 49. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and streetlights, associated with the
proposed development shall be replaced as required by the City
Engineer prior'to issuance of a Certificate of Occupancy.
ENG 50. Submit traffic striping and signage plans for Alejo Road from
Commercial Road to Juanita Road, prepared by a California registered
civil engineer, for review and approval by the City Engineer. All
required traffic striping and signage improvements shall be completed
in conjunction with required street improvements, to the satisfaction of
the City Engineer, and prior to release of any securities for the project.
ENG 51. Install traffic striping and signage improvements to match existing
striping located on Alejo Road adjacent to the project. Submit traffic
striping and signage plans to the City Engineer for review and
approval.
Resolution No 24998
Page 24
ENG 52. 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 53. This property is subject to the Transportation Uniform Mitigation Fee
which shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FID 1. 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. Conditions are subject
to final plan check and review.
FID 2. Fire Department Conditions were based on the 2019 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD
Appendix "T" Development Requirements. This building will require fire
sprinklers.
FID 3. Conditions of Approval — "Conditions of Approval" received from the Palm
Springs Planning Department must be submitted with each plan set. Failure
to submit will result in a delay of plan approval.
FID 4. Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this project. Plan reviews can
take up to 20 working days. Submit a minimum of three (3) sets of drawings
for review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM — 6:00 PM, Monday — Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. These fees are established by Resolution of the Palm Springs City
Council..
Complete listings and manufacturer's technical data sheets for all system '
materials shall be included with plan submittals. All system materials shall be
J
Resolution No 24998
Page 25
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 5. Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 24 feet and an
unobstructed vertical clearance of not less than 13'-6". Fire Department
access roads shall have an all-weather driving surface and support a
minimum weight of 73,000 lbs.
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.
FID 7. Residential Smoke Alarms Required: Shall be interconnected so that
operation of any smoke alarm or fire sprinkler flow switch causes all smoke
alarms within the dwelling & guest house to sound and activate the exterior
horn/strobe
FID 8. NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system
is required. Only a C-16 licensed fire sprinkler contractor shall perform
system design and installation. System to be designed and installed in
accordance with NFPA standard 13D, 2016 Editions, as modified by local
ordinance.
END OF CONDITIONS