HomeMy WebLinkAboutA6065 - SPANISH INN INC REIMBURSEMENT AGR FOR MOVIE COLONY TRAFFIC CALMING IMP REIMBURSEMENT AGREEMENT
eHIS REIMBURSEMENT AGREEMENT (this "Agreement") is entered into this
day of )m0 M ,. by and between the CITY OF PALM
SPRINGS, a California charter city ("City"), and SPANISH INN, INC., a California
corporation (Developer"). City and Developer are sometimes referenced herein jointly
as the"Parties'and each is sometimes alternatively referenced as a'Party."
RECITALS
A. Developer is the owner of real property located at 640 North Indian
Canyon Drive in the City of Palm Springs, County of Riverside, State of California (the
"Property"), as more fully described in Exhibit"A; which the Developer is developing in
accordance with a subdivision map and other entitlements approved by the City. The
map contains conditions of approval for the development of the Property (the
'Condition�')as described in Exhibit"K
B. In order to reduce vehicular access to the residential Movie Colony
neighborhood east of Indian Canyon Drive adjacent to the Property, on June 15, 2005,
the City Council of City approved the "Movie Colony Traffic Calming Program;' which
called for certain street improvements creating a series of traffic circles with one-way
west bound segments that would provide access from Indian Canyon Drive to the hotels
and condominiums along Indian Canyon Drive, including Developer's Property, but
preclude entry from east of Via Chica. A copy of City Council Minute Order No. 7690,
granting conceptual approval of the Movie Colony Traffic Calming Program is attached
hereto in Exhibit"C'.
C. Pursuant to the Conditions, the Developer was responsible for design and
construction of the street improvements necessary to implement the Movie Colony
Traffic Calming Program.
D. The Conditions authorized the Developer to request to enter into a
reimbursement agreement with the City prior to construction of the street improvements
providing for partial reimbursement to the Developer from the owners of the two
properties located at 572 North Indian Canyon Drive (here inafter'Colony Palms Hotel)
and 784 North Indian Canyon Drive (hereinafter"Indian Manoe) for their proportionate
share of the cost of constructing the street improvements required to implement the
Movie Colony Traffic Calming Program.
E. Without first entering into a reimbursement agreement with the City,
Developer designed and constructed, at Developer's cost and risk, a portion of the street
improvements required to implement the Movie Colony Traffic Calming Program. That
portion of the street improvements required to implement the Movie Colony Traffic
Calming Program that was designed and constructed by the Developer is hereinafter
referred to as the 'Work'. The original estimated cost to construct all of the street
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improvements required to implement the Movie Colony Traffic Calming Program, as
determined by the City Engineer, was $361,416.20 (the"Original Estimated Work Cosf).
The owner of the Colony Palms Hotel constructed a portion of these improvements, the
estimated cost of which was $63,712.00, thereby reducing that portion of the Original
Estimated Work Cost attributable to Work designed and constructed by Spanish Inn,
Inc. to $297,620.20.
F. The proportionate share of the original estimated cost to construct all of
the improvements necessary to implement the Movie Colony Traffic Calming Program
attributable to Colony Palms Hotel was $109,000.00. The owner of the Colony Palms
Hotel previously constructed a portion of the improvements, however, reducing its
maximum proportionate share to $45,288.00. In August 2007, the owner of Colony
Palms Hotel executed and recorded that certain Declaration of Covenants, Conditions
and Restrictions to Install Street Improvements (the "Declaration"), a true and correct
copy of which is attached hereto at Exhibit "D", pursuant to which the owner of Colony
Palms Hotel covenanted to pay the City, upon demand, an amount up to, but not to
exceed, $45,288.00 in satisfaction of its proportionate share of the estimated cost to
construct the improvements necessary to implement the Movie Colony Traffic Calming
Program.
G. The proportionate share of the original estimated cost to construct all of
the improvements necessary to implement the Movie Colony Traffic Calming Program
attributable to Indian Manor was $50,000.00. The Owner of Indian Manor has indicated
its intent to deposit this amount with the City on or before September 30, 2011 in
conjunction with its application for the City's approval of certain improvements to be
made to Indian Manor(City Case No. 3.2132).
H. Developer has now requested to enter into this Agreement with the City
for partial reimbursement to the Developer of Developer's costs associated with the
design and construction of the Work from payments made by the owners of Colony
Palms Hotel and Indian Manor, if any.
I. The City and the Developer desire to set forth the terms and conditions of
the Developer and the City regarding the partial reimbursement to the Developer for the
costs associated with the design and construction of the Work.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises herein contained, it is hereby agreed by and between City and Developer as
follows:
1. Determination of Work Cost. Developer shall certify to the City the final
design, engineering, and construction costs incurred by the Developer in constructing
the Work and submit such supporting vouchers, invoices, and other data as the City
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Engineer may require in order to substantiate the certified costs. Any changes or
additional information requested by the City must be submitted to the City within twenty-
one (21) days of the City notification of the Developer. City reserves the right to
approve or reject the certified costs as reasonable and subject to reimbursement. The
certified final design, engineering, and construction costs approved by the City shall
constitute the "Work Cost." Due to the recorded Declaration of Covenant from the
Colony Palms Hotel and the commitment from Indian Manor, Developer understands
and agrees that it shall not be entitled to reimbursement for any portion of the Work
Cost that exceeds the $45,288 from the Colony Palms Hotel and $50,000 from Indian
Manor.
2. Partial Reimbursement of Work Cost.
2.1 Reimbursement from Colony Palms Hotel. Within a reasonable time after
City's certification of the Work Costs, the City shall use reasonable efforts to collect from
the owner of the Colony Palms Hotel property a sum equal to its approximate
proportional share of the Work Cost, as determined by the City Engineer, not to exceed
Forty Five Thousand Two Hundred Eighty Eight Dollars ($45,288), in accordance with
the Declaration attached hereto in Exhibit "D.
2.2 Reimbursement from Indian Manor. Within a reasonable time after City's
certification of the Work Costs or September 30, 2011, whichever is later, the City shall
use reasonable efforts to collect from the owners of the Indian Manor property a sum
equal to their approximate proportional share of the Work Cost, as determined by the
City Engineer, not to exceed Fifty Thousand Dollars ($50,000.00).
2.3 Reasonable Collection Efforts. For purposes of Sections 2.1 and 2.2,
above, "reasonable efforts to collect" shall not include the initiation or prosecution of
litigation and City shall have no obligation to initiate or prosecute litigation in furtherance
of collection efforts against the owners of the Colony Palms Hotel or Indian Manor
properties. Notwithstanding the foregoing, in the event the City does initiate or
prosecute litigation in furtherance of collection efforts against the owners of either or
both the Colony Palms Hotel and/or Indian Manor properties, all associated
unreimbursed attorneys fees and litigation costs incurred by the City shall be deducted
from the amounts payable to Developer pursuant to Section 2.4, below. Upon
Developer's request, City agrees to assign to Developer any and all rights City has or
may have to collect a proportional share of the Work Cost from the owners of the
Colony Palms Hotel and/or Indian Manor properties.
2.4 Payment to Developer. Subject to Sections 2.3 and 4 of this Agreement,
upon collection of any payments pursuant to Sections 2.1 and 2.2, the City shall deliver
to the Developer a check in the amount of 100% of any and all such reimbursement
funds collected. No interest shall be due to the Developer on any monies collected and
reimbursed to the Developer pursuant to this Agreement. It is specifically understood
by the Developer and the City that the City will reimburse the Developer only when the
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City is legally permitted to do so and has legally collected said payments. Should the
City not be allowed to retain such funds when collected, or be stopped from so
collecting, the Developer shall have no claims against the City and the City shall have
no further obligations to the Developer.
3. Assignments. It is understood and agreed that the Developer shall have
the right to assign its interest in this Agreement to such other persons or entities that the
City reasonably assents thereto, provided that said assignment is in writing and an
executed copy thereof is delivered to the City, and the City is fully informed, in writing, of
the name(s) of the assignee(s) to whom any reimbursement payments hereunder are to
be made.
4. Payment Offsets. The City shall have the right to offset any money due to
the Developer under this Agreement, notwithstanding any assignment, if at the time
funds become available, the Developer, or its successors in interest, owe the City any
sums of money for any reason. Only the net money due to the Developer, after offset
by the City, will be paid pursuant to this Agreement.
5. Attorney's Fees and Costs. In the event of any dispute arising out of either
party's performance of its obligations under this Agreement, 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.
6. General Provisions.
6.1 Successors and Assigns. The provisions of this Agreement shall be
binding upon and shall inure to the benefit of the Parties and their respective
successors and assigns.
6.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Developer 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.
6.3 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
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representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
6.4 Severability. If any term, provision, condition, or covenant of this
Agreement, or the application thereof to any Party or circumstance, shall to any extent
be held invalid or unenforceable, the remainder of the instrument, or the application of
such term, provision, condition or covenant to persons or circumstances other than
those as to whom or which it is held invalid or unenforceable, shall not be affected
thereby and each term and provision of this Agreement shall be valid and enforceable to
the fullest extent permitted by law.
6.5 Applicable Law and Venue. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of
California. Furthermore, the Parties agree to venue in the Courts of Riverside County,
California.
6.6 Section Headings. All section headings and subheadings in this
Agreement are inserted for convenience only and shall not affect any construction or
interpretation of this Agreement.
6.7 Further Cooperation. The Parties agree to execute any and all
agreements, documents or instruments as may be reasonably necessary in order to
fully effectuate the agreements and covenants of the Parties contained in this
Agreement, or to evidence this Agreement as a matter of public record, if required to
fulfill the purposes of this Agreement. The Parties further agree to mutually cooperate
with one another in carrying out the purposes of this Agreement.
6.8 Counterparts. This Agreement may be executed in one or more
counterparts, each of which will be deemed an original, but all of which constitute one
and the same instrument.
6.9 Corporate Authoritu.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.
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IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement
Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
�Jame�sTho�mpso�n, City Clerk David H. R y Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY: APPROVED BY CITY COUNCIL
�`' __TM �'• b•11 r��r, .. .��ob� ��PP0��0 � �0 �OC�y�
David Barakian, City Engineer h
DEVELOPER: '" "
SPANISH INN, INC. A California Corporation note
By:
Check one: _Individual _Partnership ✓Corporation* Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
B B
Signature (notarized) Signature (notarized)
Name. 0&&z Name: � �X
Title: 4
(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)
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ALL-PURPOSE ACKNOWLEDGMENT
State of ( t b. CAPACITY CLAIMED BY
County of si -e- SIGNER
On Lc ' a C7 before meT(j v, o ,�_A.L /,-
Date ,,II Name, Title of Offi er ❑ INDIVIDUAL(S)
personally appeared TT DC M U-,7 4� h0 A ❑CORPORATE
NAMEUSF SIGNER(�) OFFICER(S)
who proved to me on the basis of satisfactory evidence to be the TITLE(S)
persons whose nam sY re subscribed to the within ❑PARTNER(S)
instrument and acknowledged to me that-1*,/ ey executed ❑ATTORNEY-IN-FACT
the same in �` elr authorized capacityig s and that by ❑TRUSTEE(S)
eir signatur n the instrume t the perso s) or the ❑SUBSCRIBING WITNESS
entity upon behalf of which the person us) acted, executed the ❑GUARDIAN/CONSERVATOR
instrument. ❑OTHER
I certify UNDER PENALTY OF PERJURY• under the laws of the
State of California that the foregoing paragraph is true and
correct.
SIGNER IS REPRESENTING:
Witness my and d off a' NNIINIINNIINNIIIIIIIINIININIIINNIIINIIIININIIIINNIL
JERICK 30T0 HERNANDEZ
COMM.#1818295 z
Notary Public-California
$ Riverside County
M1/Comm.Expires Od.19,2012=
Signature of ary NNNII NIIIHIII IINIIIINNIIIIIIIINII IIIIIIINIIINIIIIIIIIIIIIIIIIIIIIIIINI
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Tract Map No. 31104, as recorded in Map Book 429, Pages 82 through 83 inclusive, records of
Riverside County, California.
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EXHIBIT "B"
TENTATIVE TRACT MAP 31104 CONDITIONS OF APPROVAL
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RESOLUTION NO. 21388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 3110.4 TO SUBDIVIDE APPROXIMATELY
1.46 ACRES TO RENOVATE THE HOTEL, CONVERT A
PORTION OF THE HOTEL. TO CONDOMINIUMS, AND
CONSTRUCT NEW CONDOMINIUMS, LOCATED AT 640
NORTH INDIAN CANYON, ZONE R-3, SECTION 11, APN
507183006.
WHEREAS, Nejat Kohan ("Applicant") has filed an application with the City pursuant to
Section 9.63 of the Municipal Code for a Tentative Tract to subdivide approximately
1.46 acres to renovate the hotel, convert the hotel to condominiums, and construct;new
condominiums, located at 640 North Indian Canyon, Zone R-3, Section 11; and
WEHERAS, the Conditional Use Permit to allow the construction of multiple-family
residential in the Resort Overlay has been reviewed and approved by the Planning
Commission, subject to the City Council approval of the Tentative Tract Map; and
WEHERAS, the Architectural Approval for the renovation of Building A as hotel use,
renovation of Building B as residential condominium use, and construction of Building C
as hotel use with underground parking; has been reviewed and approved by the
Planning Commission, subject to the City Council approval of the Tentative Tract Map;
and
WEHERAS, the applicant has agreed to pay for the Movie Colony Street Calming
Program; and
WEHERAS, the applicant shall abide by the schedule as outlined in the Conditions of
Approval; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider the application for Tentative Tract Map 31104 and Case No. 5.1019
was given in accordance with applicable law; and
WHEREAS, on July 13, 2005, a public,hearing on the application for Tentative Tract
Map 31104 and Case 5.1012 was held,by the Planning Commission in accordance with
applicable law; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider the application for Tentative Tract Map 31104 was given In accordance with
applicable law; and
WHEREAS, on September 7, 2005, a public hearing on the application for Tentative
Tract Map 31104 was held by the City Council in accordance with applicable law; and
1\ +OV14lIVll IYV. L It)VV
Page 2
WHEREAS, 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 presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FINDS AS
FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds that the Initial Study and
Mitigated Negative Declaration adequately address the general setting of
the project, its potentially significant impacts, and the mitigation measures
related to each significant effect for the proposed project.
The City Council further finds that with the adoption of the proposed
Mitigated Negative Declaration, potentially significant environmental
impacts resulting from this project will be reduced to a level of
insignificance.
Section 2: Pursuant to Government Code Section 66474 (Subdivision Map Act), the
City Council finds that with the incorporation of those conditions attached
in Exhibit A:
1. The proposed Tentative Map is consistent with applicable general and
specific plans.
The proposed project is consistent with the General Plan. The General
Plan designation for the site is H43121, High Density Residential. The
General Plan allows up to 62 hotel units or 30 dwelling units or a
combination of hotel and dwelling units on the project site. The applicant
is proposing 18 hotel units and 20 dwelling units for the approximately
1.46 acre site. The proposed project is hotel and residential use; therefore
the proposed project is consistent with the General Plan.
2. The design of improvement of the proposed subdivision is consistent with
the General Plan and any applicable Speck Plan.
Pursuant to Government Code Section 66473.5 the Planning Commission
finds that the proposed subdivision and the provisions for its design and
improvement are compatible with the objectives, polices, and general land
uses and program provided in ' the City's General Plan. All street,
drainage, and utilities improvements will be constructed to the standards
of the General Plan and Conditions of Approval associated with TTM
31104.
The proposed project consists of legal, nonconforming structures and a
new structure. The nonconforming;structures are exempt from meeting
Zoning Ordinance development-,standards. The new construction will
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Resolution No. 21368
Page 3
comply with the Zoning Ordinance development standards. With the
Conditions of Approval, the proposed project has been determined to be
compatible with overall goals and policies of the General Plan in order to
provide quality architecture, open space and distinctive landscape:
elements. Therefore it is concluded that the proposed project will not be in
conflict with the overall intent of the General Plan.
3. The site is physically suitable for the type and density of development
contemplated by the proposed subdivision.
I
The project proposes the subdivision of approximately 1.46 acres for hotel
and residential condominium use, The proposed development is at the
maximum allowable density of 18 hotel units and 20 dwelling units, as
permitted under the General Plan. The subject property is surrounded with
a mix of single-family. residential, multiple-family residential, hotel, and
commercial uses. The subject property is physically suitable for the type
and density of development.
4_ The designs of the proposed subdivision or the proposed improvements
are not likely to cause substantial environmental damage or substantially
and unavoidably injure fish or wildlife or their habitat.
All potential environmental impacts as a result of developing the subject
property are fully disclosed in the Initial Study and Mitigated Negative
Declaration. The incorporation of the mitigation measures as prescribed in
the Mitigated Negative Declaration will ensure that any potentially
significant impacts will be reduced to a level of insignificance. Therefore,
the designs of the proposed subdivision or the proposed improvements
are not likely to cause substantial environmental damage or substantially
and unavoidably injure fish or wildlife or their habitat.
5_ The design of the subdivision or type of improvements is not likely to
cause serious public health problems.
The design of the subdivision and proposed improvements must comply
with the conditions of approval including, but not limited to, the application
of the Uniform Building Code Seismic Safety Standards, and the City of
Palm Springs Fugitive Dust. Control Ordinance in order to ensure public
health and safety.,
6. The design of the,subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use
of, property within the,.proposed subdivision.
The applicant will be required to construct on and off site improvements.
Therefore the design and the type of improvements proposed will not
conflict with easements acquired by the public at large.
Kesolution No 21388
Page 4
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
1 Adopts the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program prepared for the project; and
2 Approves Case TTM31104 subject to the conditions contained in Exhibit "A" and
«B"
ADOPTED this 7th day of September, 2005.
David H. Ready, City Ma r
ATTEST:
J mes Thompson, ZityJerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21388 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 September 7, 2005, by the
following vote:
AYES: Members Mills, McCulloch, P6ughet and Mayor Oden
NOES: None
ABSENT: Councilmember Foat
ABSTAIN: None
M
es.Thompson, City Clerk
ity of Balm Springs, California
Resolution No. 21388
Page 5
Exhibit "A"
CONDITIONS OF APPROVAL
CASE TT"M31104 -TENTATIVE TRACT MAP
SPANISH iNN
640 NORTH INDIAN CANYON DRIVE
f
I SEPTEMBER T, 2005
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 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
1_ The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City
Codes, ordinances and resolutions which supplement the zoning district regulations.
2. 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 TTM31104 -- Tentative Tract
Map. 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 oasts 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 witho(d i.hn 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.
3. That the property owner(s) and:;successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, bikeways,
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Page 6
parkways, 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.
4. 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 publicsights of access and viewing.
5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made. Accordingly,
all residential development shall be subject to parkland dedication requirements
and/or park improvement fees. The parkland mitigation amount shall be based upon
the cost to acquire and fully improve parkland. The fee shall be collected by the
Planning Services Department.
6. The Project will bring additional residents 10 the community. The City's existing
public safety and recreation services, including police protection, criminal justice, fire ,
protection and suppression, ambulance, paramedic, and other safety services and
recreation, library, cultural services are near capacity. Accordingly, the City may
determine to form a Community Services D1strict under the authority of Government
C. Section 53311 et seq, or other appropriate statutory or municipal authority.
Developer agrees to support the formation of such assessment district and shall
waive any right to protest, provided that the amount of such assessment shall be
established through appropriate study and shall not exceed $500 annually with a
consumer price index escalator. The district shall be formed prior to sale of any lots
or a covenant agreement shall be recorded against each parcel, permitting
incorporation of the parcel in the district.
CC&R's
7. The applicant prior to issuance of building perimits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning
Services for approval in a form to be approved by the City Attorney, to be recorded
Resolution No. .21388
Page 7
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,
The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$10,000, for the review of the CC&R's by the City Attorney. A $2,000 filing fee shall
also be paid to the City Planning Department for administrative review purposes.
i
Cultural Resources
1 8. Prior to any ground disturbing activity, including clearing and grubbing, installation of
utilities, and/or any construction related excavation, an Archaeologist qualified
i 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_
9. The project area has the possibility of buried resources_ 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!Tanning Services 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 ,th.i;s 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 ZoningPepartment prior to final inspection.
Final Design
12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services, Department of
Public Works, and Department of Parks and Recreation, prior to issuance of a
building permit. Landscape plans shall be approved by the Riverside County
Agricultural Commissioner's Offclie prior to submittal. All landscaping located
1tViC]vll,lLlV!! ITV L. IJVU
Page 8
within the public right of way or within community facilities districts must be
approved by the Public Works Director and the Director of Parks and Recreation.
13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning 81 Zoning prior to the issuance of building permits.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be submitted for approval prior to issuance of a building permit.
If lights are proposed to be mounted on buildings, down-lights shall be utilized.
No lighting of the hillside is permitted.
GENERAL CONDITIONS/CODE REQUIREMENTS
14. 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 and Zoning for review and
approval prior to the issuance of a building permit. Refer to Chapter 8,60 of the
Municipal Code for specific requirements.
15. 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.
16. 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.
17. Separate architectural approval and permits shall be required for all signs. A
detailed sign program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
18. All materials on the flat portions of the roof shall be earth tone in color.
19. All awnings shall be maintained aricf'per o8ically cleaned.
20_ All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and', futu' e, per Section 9303.00 of the zoning
Ordinanco. The screening shall, be considered as an element of the overall
design and must blend with the architectural design of the buildings). The
exterior elevations and roof plans of the buildings shall indicate any fixtures or
equipment to be located on the roof of the building, the equipment heights, and
type of screening. Parapets shall be at`least 6" above the equipment for the
purpose of screening.
f
Resolution No, 21388
Page 9
21. No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
22. Perimeter walls shall be designed, installed and maintained in compliance with
the comer cutback requirements as required in Section 9302.00.D-
23. The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
24. The street address numbering/lettering shall not exceed eight inches in height.
25. 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.
26. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
27. Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
28. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems. .
29. No outside storage of any kind;shall be permitted except as approved as a part of
the proposed plan.
30. Vehicles associated with the operation of the proposed development including
company vehicles or employees vehicles shall not be permitted to park off the
proposed building site unless a parking management plan has been approved.
31. 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 interitr t l.tftp4building. Electrical transformers must be located
toward the interior of ,tlio,;,;project maintaining a sufficient distance from the
frontage(s) of the project'. Said transformer(s) must be adequately and
decoratively screened.,
32_ The applicant shall provid6 all tenants with Conditions of Approval of this project.
33. Standard parking spaces,.shall be.17 feet deep by 9 feet wide; handicap parking
spaces shall be 18 feet;deep by 9 feet wide plus an 8 foot walkway at the right
side of the parking space and shall be designated as "van accessible".
RCz�uluElul1 IVu. ,GIJ00
Page 10
34. Handicapped accessibility shall be indicated on the site plan to include the
location of handicapped parking spaces, the main entrance to the proposed
structure and the path of travel to the main entrance. Consideration shall be
given to potential difficulties with the handicapped accessibility to the building
due to the future grading plans for the property.
35. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area
shall have curbs placed at a minimum of two (2) feet from the face of walls,
fences or buildings adjoining driveways.
36. Parking lot light fixtures shall align with stall striping and shall be located two to
three feet from curb face.
37. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be
provided every 10 parking spaces. Additional islands may be necessary to
comply with shading requirements.
38. Shading requirements for parking lot areas as set forth in Section 9306.00 of the
Zoning Ordinance shall be met. Details to be provided with final landscape plan.
39. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or
elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6"
barrier curb shall provide wheel stops.
40. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to
end parking spaces or end spacOs'sha:[I'be increased to eleven (11)feet wide.
41. Tree wells shall be provided within the parking lot and shall have a planting area
of six feet in diameter/width.
42. The development standards for :the `I I nonconforming structures are as
follows:
Lot Area 63';698 square feet
Lot Width 357 feet
Lot Depth 22-0 feet to`345 feet
Density-- Hotel 1 Unit per f,000 square feet
Density - Condominium 1 :unit.pier 2,,000 square feet
1`$ hg01 u its, 20 condominium units
Building Height ?,4"f6bt
Front Yard 1 o
Side Yard 10 feet
Rear Yard 10 feet
Building Distance 5 feet'to 1 a'Ieet
Resolution No. 21388
Page 11
43. The applicant shall voluntarily pay for the cost of the Movie Colony Street
Calming Program and shall pursue private reimbursements from the other
participating properties. The City shall not have any obligation or enforcement of
such private reimbursement agreements
44. The applicant shall agree to the following schedule for development of the
proposed project:
Description Timeline (Date)
All internal demolition 3 months after final map
Submit for final map Within 1 year of TTM approval
Apply for grading permits 6 months after final map
Secure grading permits 1 year after final map
Submit construction plans 6 months after final map
Apply for building permits 1 year after final map
Complete construction 2 years after final map
Certificate of Occupancy 3 years after final map
POLICE DEPARTMENT
45. Developer shall comply with Section If of Chapter 8.04 of the Palm Springs
Municipal Code,
BUILDING DEPARTMENT
46. Prior to any construction on-situ; all appropriate permits must be secured.
FIRE DEPARTMENT
47. Shall comply with all Fire Dep'artMent codes and regulations
ENGINEERING DEPARTMENT `
48. See Exhibit B
rcesuiuuon No. 2138d
' Page 12
Exhibit "B"
The Engineering Division recommends that if this application Is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
3. Tentative Tract Map 31104 proposes a partial abandonment of the south half of
the existing right-of-way for Via Altamira adjacent to the project site, to facilitate
construction of new bay parking spaces along the Via Altamira frontage. A
Partial abandonment of Via Altamira right-of-way is not possible, and the
proposed improvements within Via Altamira will require the full abandonment of
right-of-way, consistent with the "Movie Colony Traffic Calming Program"
adopted by the City Council on June 15, 2005.
4. Vacation of right-of-way is required to facilitate the proposed development
application. An application for the right-of;way vacation of Via Altamira between
Indian Canyon Drive and Via Chica, Gran Via Valmonte between Indian Canyon
Drive and Via Chica, and Via Chica�-between Via Altamira and Via Colusa shall
be submitted to the Engineering Division for separate processing and approval,
all as necessary to implement the "Movie Colony Traffic Calming Program"
adopted by the City Council on Jurf&'45 '"2005. As necessary, coordinate final
relocation, adjustment or abandonment, O' f all utilities with the respective utility
companies, and demolition of ati "existing' improvements, reconstruction of
affected Intersecting streets, and coordination of improvements with adjacent
Property owners, as appropriate, with the,Engineering Division. The right-of-way
vacation shall be conditionally approved 'by the City prior to approval of a final
map, and shall not be recorded until completion of the construction of the street
improvements necessary to implement the "Movie Colony Traffic Calming
Program".
5. The applicant shall be responsible':.for tW,design and construction of the street
improvements required to Implement the "Movie Colony Traffic Calming
Program" adopted by the City Coundif 'on June 15, 2005. The street
improvements have been conceptually dutriined by the Engineering Division, and
Resolution No. 21388
Page 13
will be made available to the applicant upon request. The required street
improvements to implement the "Movie Colony Traffic Calming Program" are
• generally listed within these conditions, however, additional requirements may be
added at the discretion of the City Engineer as street improvement plans are
prepared by the applicant for review and approval by the City Engineer. The
applicant is advised that not all required street improvements necessary to
implement the "Movie Colony Traffic Calming Program" are specifically listed
herein, and that off site street improvements are required as a condition of this
development.
6_ The Engineering Division has estimated the total cost of the "Movie Colony
Traffic Calming Program" at approximately $362,000 with an estimated fair share
' of $111,000 assigned to the proposed development. The applicant may request
to enter into a reimbursement agreement with the City that provides for
reimbursement to the applicant from other property owners subject to the "Movie
Colony Traffic Calming Program', as identified by the City_ Reimbursement shall
be determined as the proportionate share of the cost of constructing the street
improvements, as approved :by the City Engineer, and reimbursement shall be
made to the applicant as:reimbursements are received, if any, in accordance with
the terms of the reimbursement agreement. The developer shall deposit $2,000
with the Engineering Division for costs associated with preparation of the
reimbursement agreement by the City Attorney, and shall be liable for all costs in
the preparation thereof.
INDIAN CANYON DRIVE
7. Dedicate an additional 20 feet to provide the ultimate half street right-of-way
width of 50 feet along the entire frontage, together with a property line - corner
cut-back at the northwost t and southwest corners of the subject property in
accordance with City 0PaIM,Springs Standard Drawing No. 105.
*8. Remove the existing &.inch curb and gutter located 26 feet east of centerline and
replace with an 8 inch cu6.and gutter located 38 feet east of centerline along the
entire frontage, with a 25 feet radius curb return and spandrel at the southeast
comer of the intersection of Indian Canyon Drive and Via Altamira and at the
northeast comer of the intersection of Indian Canyon Drive and Granvia
Valmonte, in accordance with City of Palm Springs Standard Drawing No. 200
and 206.
*9. Remove the existing curb return and spandrel at the southeast corner of the
intersection of Indian Canyon: Drive. and Granvia Valmonte, as necessary to
coordinate with the JiWovle Colony Traffic Calming Program" street
Improvements.
*10. Construct an 8 feet wide cros.gutter across the Indian Canyon Drive and Via
Altamira intersection, and across the east leg of the Indian Canyon Drive and
I\CSOVIUUVIl INU. 4 1,]00
Page 14
Granvia Valmonte intersection, as necessary to coordinate with the "Movie
Colony Traffic Calming Program" street improvements, in accordance with City of
Palm Springs Standard Drawing No. 200.
�11. Remove the existing sidewalk and construct an fi feet wide sidewalk behind the
Proposed curb along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 210.
12. Construct a Type A curb ramp meeting current California State Accessibility
standards at the southeast corner of the intersection of Indian Canyon Drive and
Via Altamira and at the northeast corner of the intersection of Indian Canyon
Drive and Granvia Valmonte in accordance with City of Palm Springs Standard
Drawing No. 212.
13. 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 and 340. If an a
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.
VIA CHICA
14. Remove the existing asphalt pavement, and construct full width street
improvements consisting of 2%z inches asphalt concrete pavement over 4 inches
crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, along Via—-Chit;&`,'from Via Altamira to Via Colusa, in
accordance with the "Movie ' ;GOIeriy Traffic Calming Program". Street
improvements shall consist of a D", f6bt wide, one-way street, and 45 feet
diameter traffic circles located' at t6 17 rib rsections with Via Altamira, Granvia
Valmonte, and Via Colusa. Stand: rd curia and gutter, wedge curb, or other
approved street edge treatment shalt` be constructed, as necessary to convey
street surface drainage.
15. Proposed bay parking spaces along Via Chica adjacent to this project shall be
aligned as necessary to facilitate the one-way southbound direction of Via Chica.
Perpendicular bay parking, as proposed, shall not be allowed.
16. The proposed driveway entranpe into they' open parking garage identified as
"Complex C" shall have a minim4 m�W161 of`24 feet, and shall be constructed of 6
inches of concrete, unless otherwisb approved by the City Engineer, from the
garage structure to the edge of,travO"l Vey 6t� Via Chica. The proposed driveway
width of 20 feet is not approved:
Page 15
VIA ALTAMIRA
• IT Remove the existing asphalt pavement, and construct full width street
improvements consisting of 2Yz inches asphalt concrete pavement over 4 inches
crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, along Via Altamira, from Indian Canyon Drive to east of Via
Chica, in accordance with the "Movie Colony Traffic Calming Program". Street
improvements shall consist of a 24 feet wide, two-way street, and a 45 feat
diameter traffic circle located at the intersection with Via Chica. Standard curb
and gutter, wedge curb, or other approved street edge treatment shall be
constructed, as necessary to convey street surface drainage.
! 18. Proposed bay parking spaces along Via Altamira adjacent to this project shall be
aligned as necessary to facilitate the two-way direction of Via Altamira. Bay
parking shall be aligned perpendicular to the travel way.
GRANVIA VALMONTE
19. Remove the existing curb and gutter and asphalt pavement, and construct full
width street improvements consisting of 2V2 inches asphalt concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction,.along Granvia Valmonte, from Indian Canyon
Drive to Via Chica, and along Valmonte Del Norte and Valmonte Del Sur east of
Via Chica, in accordance with the "Movie Colony Traffic Calming Program".
Street improvements shall consist of a 24 feet wide, two-way street, and a 45 feet
diameter traffic circle located at the intersection with Via Chica. Standard curb
and gutter, wedge curb, or other approved street edge treatment shall be
constructed, as necessary to convey street surface drainage.
29. Proposed bay parking spaces along Granvia Valmonte adjacent to this project
shall be aligned as necessary to facilitate the two-way direction of Granvia
Valmonte. Bay parking shall be aligned perpendicular to the travel way.
SANITARY SEWER
21. All sanitary facilities shall bo xjaected to the public sewer system. New laterals
shall not be connected at mefiNi '1 ,:
22. An on-site private sewer,aystem-shall be constructed to collect sewage from the
development and connect to the existing public sewer system. Sewer plans shall
be submitted to the Engineering,Dfvlsion for review and approval. Private on-site
sewer mains shall conform to City sewer design standards. A profile view of the
on-site private sewer mains is not necessary provided sufficient invert information
is provided in the plan view, including elevations with conflicting utility lines.
Connection of the on-site.private sewer system to the public sewer main shall be
connected as a lateral and not to an existing manhole or with a new manhole.
r
MUZSU1UL1U11 IVU. L Ijob
Page 16
Plans for sewers other than the private on-site sewer mains, i.e. building sewers
and laterals from the buildings to the on-site private sewer mains, are subject to
separate review and approval by the Building Division.
23. All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions
and Restrictions (CC&R's) required for this project.
GRADING
24. Submit a Precise Grading Plan prepared by a California registered Civil Engineer
or qualified Architect to the Engineering Division for review and approval. The
Precise Grading Plan shall beapproved by the City Engineer prior to issuance of
grading permit.
25. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Engineering Division for review and approval.
The applicant and/or its grading contractor shall be required to comply with
Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required
to utilize one or more "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,Efts rfoering Division with current and valid
Certificate(s) of Completion from AQMD for staff that have completed the
required training. For information on attending a Fugitive Dust Control Class and
information on the Coachella Valley Fugitive Dust Control Handbook and related
"PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909)
396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in
conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be
submitted to and approved by the Engineering Division prior to approval of the
Grading plan.
26. The first submittal of the Grading PIM-shall include the following information; a
copy of final approved conformed,`t0y'6f Conditions of Approval; a copy of a
final approved conformed copy'of f#W,8ifer.'Plan; a copy of current Title Report;
and a copy of Soils Report.
27. Drainage swales shall be provided adjacerFt'to all curbs and sidewalks to keep
nuisance water from entering the°public.sRo6ts, roadways, or gutters.
28. A 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
Resolution No. 21388
Page 17
proposed development. A copy of the soils report shall be submitted to the
Building Department and to the Engineering Division prior to approval of the
Grading Plan.
29. 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. The
' California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert(Phone: 760-776-8208).
DRAINAGE
30. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system.
31. The project is subject to flood. control and drainage implementation fees pursuant
to Resolution 14082. The acreage drainage fee at the present time is $9,212.00
per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a
building permit.
ON-SITE
32. For on-site bay parking in residential and commercial zones, paving material
shall be decorative paving, colored and/or patterned to relate to the overall
design in accordance with Zoning Code 93.06.00.C.15.e.
33. No structures shall bey constructed within existing or proposed public utility
easements.
GENERAL
34. Any utility trenches or other,-okbavations 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 Ed sons k Southern California Gas Company, Time Wamer,
Verizon, etc.). Multiple exxcavations, trenches, and other street cuts within
V%�Wauiuk1u11 1vu. L 1�t5(3
Page 18
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.
35, All proposed utility lines shall be installed underground.
36. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
37. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG
(AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file).
Variation of the type and format of the digital data to be submitted to the City may
be authorized, upon prior approval of the City Engineer.
38. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of a
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the Glty Engineer for approval prior to construction.
39. Contact Whitewater Mutual Water Company to determine impacts to any existing
water lines and other facilities that may be located within the property. Make
appropriate arrangements to protect in plape:or relocate any existing Whitewater
Mutual Water Company facilities'that are impbcted by the development. A letter
of approval for relocated or adjusted facilities from Whitewater Mutual Water
Company shall be submitted to the Engineering Division prior to issuance of a
grading permit.
40. Nothing shall be constructed or planted in the corner cutoff area of any driveway
which does or will exceed the h6ight`r6q 1ted to maintain an appropriate sight
distance per City of Palm Springs Zoriin '`bode Section 93.02.00, D.
41. All proposed trees within the publidt ght-df-way and within 10 feet of the public
sidewalk and/or curb shall have City°approved deep root barriers installed per
City of Palm Springs Standard DrawingAo.�-904.
MAP
42. A Final Map shall be prepared 'by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures:. for the 'existing parcel and all lots created
therefrom, and copies of record documents ;hall be submitted with the Final Map
Resolution No. 21388
Page 19
to the Engineering Division as part of the review of the Map. The Final Map shall
be approved by the City Council prior to issuance of building permits.
43. 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 rnap
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 (00), DWG (AutoCAD drawing file), DGN (Microstation drawing
' file), and DXF (AutoCAD ASCII drawing exchange file). 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.
TRAFFIC
44. The applicant shall relocate,Ahe existing City street lights along the Indian
Canyon Drive frontage behind the curb, as part of the widening of Indian Canyon
Drive required by this development. The relocated street lights shall have the
existing overhead power converted to underground service through installation of
underground conduits and pull boxes between the street lights located along the
Indian Canyon Drive frontage, subject to the review and approval of the City
Engineer. Prior to removal and relocation of existing street lights, contact the
City of Palm Springs Facilities Division for requirements related to the removal
and relocation of the affected streetlights.
45. Submit traffic striping plazas :ftr; Indian Canyon Drive prepared by a California
registered Civil Engineer to the Engineering Division for review and approval. All
required traffic striping improvements shall be completed in conjunction with
required street improvements; to the satisfaction of the City Engineer, and prior
to issuance of a Certificate.o>.0c.eupancy.
46. Construction signing, lighting:.aA'd&bar cading shall be provided for on all projects
as required by City Standards or as,directed by the City Engineer. As a minimum,
all construction signing,lighting and barricading shall be in accordance with State
of California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 1996, or subsequent
additions in force at the time of construction.
47. This property is subject to the rraosportation Uniform Mitigation Fee which shall
be paid prior to issuance,of:b wJding permit.
"Off-Site Improvements Approved 1For:Ueferral By Covenant
EXHIBIT "C"
CITY COUNCIL MINUTE ORDER NO. 7690
10
727914.6
MINUTE ORDER NO. 7690
GRANTING CONCEPTUAL APPROVAL OF CASE
NO. 5.1047, AN APPLICATION BY THE CITY OF
PALM SPRINGS FOR THE MOVIE COLONY
TRAFFIC CALMING PROGRAM
I HEREBY CERTIFY that this Minute Order, granting conceptual
approval of Case No. 5.1047,. an application by the City of Palm
Springs for the Movie Colony Traffic Calming Program, was
adopted by the City Council of the City of Palm Springs, California,
in a meeting thereof held on the 15t' day of June, 2005.
AMES THOMPSON
City Clerk
EXHIBIT "D"
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL STREET
IMPROVEMENTS BY AND BETWEEN PACIFICA COLONY PALMS, LLC AND CITY OF PALM
SPRINGS
11
727914.E
DOC 2007-0545 58
08/24/2007 08:00A F'ee:NC
Page 1 of 9
FREE RECORDING REQUESTED BY Recorded in Official Records
AND WHEN RECORDED MAIL TO: CauLarryfU. Uardide
Assessor, County Clerk & Recorder
CITY OF PALM SPRINGS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIII PO Box 2743
Palm Springs, CA 92263-2743
Attn: City Clerk
/S R U PAGE SIZE DA MISC LONG RFD COPY
If
A L 465 426 PCDR NCOR SMF CH EXAM �.
8d
Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only)
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL
STREET IMPROVEMENTS UPON NOTICE
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO
INSTALL. STREET IMPROVEMENTS UPON NOTICE ("Declaration") is entered into Ibis
C�day of r 2007, by and between.Pacifica Colony, ,
Palma, ,
California Limited company ("Declarants"`) 52 t.Patol o C 00w,f 00ri�w T
190, Los Angeles, Ca, 90045, and the CITY OF PALM SPRING$, a munloipal
corporation ("City"), whose address is PO Box 2743, 3200 E. Tahquitz Canyon Way,
Palm Springs, CA 92263, Attn: City Clerk.
A. Declarants' are the owners of that certain real property located In the ity
of Palm Springs, County of Riverside, State of California, commonly known as 572 North
Indian Canyon Drive, Palm Springs, California 92262, more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference (APN 507-195-018)
("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 a portion of the following streets Via Colusa, Via Chica,
Granvia Valmonte, Via Altamira, Valmonte Del Norte and Valmonte Del Sur ("Public
Parcel").
B. Declarants' desire to obtain building permit(s) and other City approvals to
renovate, expand and operate a hotel facility upon the Property ("City Approval"). In
1
accordance with the City Approval, Declarants' have requested deferral to construct
certain street, or 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 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 construction of the Improvements has commenced, the
City shall notify Declarants in writing that Declarants shall pay their fair share cost of the
Improvements, estimated at $109,000.00, unless portions of the Improvements have
been previously constructed by Declarants, the cost of which shall be credited against
Declarants' fair share cost of the Improvements. Any credit against Declarants' fair share
cost shall be subject to review and approval by the City Engineer. Payment to the City of
Declarants' fair share cost of the Improvements shall be made within 30 days notice
from the City.
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
2
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', Agency and City. In exchange
for granting of the City Approval by the City, the Declarants' hereby agree to hold, sell
3
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
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.
4
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
first written above.
Pacifica Colony Palms, LLC, a
California Limited Liability
comp y.
By: LL'22st--
Steve Ohren
Managing Member
"Declarants'"
(DECLARANTS" SIGNATURES MUST BE NOTARIZED)
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
Bp���~
es Thompson David H. Ready
y Clerk City Manager
"City"
APPRO fETO FORM: RECOMMENDED BY:
By:City Attor Assistant Public Works Director/
Assistant City Engineer
APPROVED AS TO OWNERSHIP &
LEGI DESC IPT[ON:
By:
Rick M jares
Engine ring Ass Usant
NOTARY FORMS ON NEXT PAGE
5
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE)
On ' J X before me,
Date T Notary Public
personally appeared
13-P r fly-knowrrto-me-OR---
-improved to me on the basis of satisfactory evidence to be the personX whose name(
5s subscribed to the within instrument and acknowledged to Thatetha a s�/tWexecuted the same in his l)0rAW authorized capacity("), and b hi �r/thir
signature( on the instrument the person(", or the entity upon behalf o which the
person(K acted, executed the instrument.
A. d
COMMb*M# t= Witness my hand and official seal.
Cc�romraw*
NNcanm. eb l.d,201 !�
Signature of Notary
STATE OF CALIFORNIA)
SS.
COUNTY OF RIVERSIDE)
On Before me, ,
Date Notary Public
personally appeared ,
❑ personally known to me OR
o 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.
Witness my hand and official seal.
Signature of Notary
6
EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY
Lots 1 through 6 in Block "G" of the Palm Springs Estates, in the City of Palm Springs,
County of Riverside, State of California, as shown by map on file in Book 15, Page 43,
of Maps, in the office of the County Recorder of said County.
Together with that portion of the Northerly half of Via Colusa adjoining Lots 3 and 4 on
the South and Southeast as described in Resolution Number 13151 vacating and
abandoning a portion of Via Colusa recorded December 3, 1987 as instrument number
342781, Official Records.
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EXHIBIT "B"
DESCRIPTION OF DEFERRED ITEMS
The owner shall execute a street improvement covenant agreeing to participate in the
construction of the Movie Colony Traffic Calming Program previously submitted to and
reviewed by the Movie Colony neighborhood, and subject to future review and approval
by the Planning Commission and City Council. The owner shall be bound by the
covenant to deposit the fair share cost of implementing the Movie Colony Traffic Calming
Program, as approved by City Council, upon the request of the City of Palm Springs City
Engineer at such time as deemed necessary in order to facilitate construction of said
improvements. Although there is no time frame placed on this covenant, any deposit
owner makes is fully refundable if construction of said improvements does not commence
within a reasonable time period. The total Engineering Departmenfs estimated cost to
construct the Movie Colony Traffic Calming Program is approximately $360,000 (as
identified in a Division of Construction Costs distributed at a neighborhood meeting on
September 21, 2004), with a fair share cost attributed to the Colony Palms development
of $109,000. The covenant shall establish that the owners maximum contribution to and
participation in the Movie Colony Traffic Calming Program, as approved by City Council,
is $109,000, even in the event that total costs exceed the preliminary estimate prepared
by the Engineering Department.
As described above the owner shall be bound by this covenant to pay a fair share cost of
implementing the Movie Colony Traffic Calming Program at the time the Movie Colony
Traffic Calming Program is completed by others, upon thirty (30) days written notice from
the City Engineer.
The original fair share cost is hereby reduced to $ 45,288.00 to reflect construction by
Declarants of a portion of the Movie Colony Traffic Calming program adjacent to the
Colony Palms Hotel, as reflected on Exhibit`iC'.
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EXHIBIT Nicol
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:::::i.::.;})f•::;•;;.;�.i::•i:::•::i.::-v}:n.:4:v:::. .;;...::;::::...�:.:-..::ry':......tits....- - :.:-: . :. .- .::: y }�
IQ iTEfiR Engineer's Estimate Englneer's Estimate
QESCRIPTION
QUANTITY UNIT UNIT PRICE TOTAL DIFFERENCE UNIT PRICE TOTAL
1 Initial Mobilization 1 LS
$2,500.00 $2,500.00 0
2 Traffic Control 1 LS $750.DU $2 504.44 $2 500.00
3 Construct 2"A ,Oveda $754.00 h' F;''f > ?` .:: ±; 0
18,214 SF $1.50 $27 321.44 f $750.00 $750.00
4 Construct A2-6 Curti&Gutter ' ' ....}:
2095 LF 13828 $1.50 $6 579.00
$16.00 $33 520.00 `?`'.`;'• . 1079 $16.00
5 Sawcut and Remove Existing AC �' � $16,256.00
.yam. .'` . ,�..
Pavin-q 2,984 SF $1.44 $2,984.00 4 $1.04 $2,984A0
6 Remove ibdstin PCC Pavement 162 SF $2.00 $324.05 i
Sawcut and Remove Existing Curb + ;.3 •::.. ?' -138 $2.00 $600.00
7 &Gutter 0 LF $2.00 $0.00
-613 $2.00 $1,226.00
8 Construct PCC Driveway Approach 0 SF $5.00 $0.00 ;;a{.,:;>.
9 Construct FCC Handicap Access `.S�:j ...h:
Ram 2 EA $1,500.00 $3,000.00 "' r .{ -1
$1,504.40 $4,540.00
10 Construct Spandrel&Curb Return 684 SF $6.00
$4,104.00 -519 $6.00 $7,218.OD
11 Construct Cross Gutter 120 SF
$7.50 $900.00 Ei' -120 $7.50 $1
12 landscaping&Irrigation(Noses& 800.00
.� .::�, .
Circles 1 LS $6,250.00 $6,250.00 1 $6,250.00 $0.00
13 Adjust E)dsfing Manhole to Grade 1 EA $500.00 $500.00 ;F 1 $540.00 $OAD
i4 Si nin &Striping 1 LS $2 500.00
$2,500.00 xj .:}4} v A:: :'. D $2,500.O0 $2,500.00
subtotal $84,653.00 Constructed Subtotal $46,913.00
Design&Admin $7,500.00 Design&Admin $7,500.00
20%contingency $16,930.60 20%coMngency $9,382.60
Total $109,083.60 Constructed Total $63,795.60
Original Total $109,083.60
New Covenant Amount $45,288.00