HomeMy WebLinkAbout12/15/1999 - STAFF REPORTS (19) Ob
DATE: December 15, 1999
TO: City Council
FROM: City Engineer
FINAL MAP NO. 29135 , SECTION 25, T 4 S, R 4 E-HACKER ENGINEERING, INC.
FOR ARABY ESTATES, LLC
RECOMMENDATION:
That the City Council approve Final Map No. 29135 for Hacker Engineering, Inc.
representing Araby Estates, LLC, to divide property low at 2751 and 2789
Morongo Trail and 1901 Araby Drive(APN 510-130-009, 010, 036), Section 25, T 4
S, R4E.
BACKGROUND:
Hacker Engineering, Inc. representing Araby Estates, LLC , requests that three(3)
parcels located at 2751 and 2789 Morongo Trail and 1901 Araby Drive , Section 25, T
4 S, R 4 E, be divided into twelve (12)parcels.
At its meeting of February 24, 1999, the Planning Commission recommended approval
of Tentative Map No. 29135 which was subsequently approved by the City Council,
subject to conditions, on April 7, 1999.
The owner offers dedication to the public use for street and public utility purposes
Lot(s) "A, B and C" shown on the map.
It has been determined that required conditions have been satisfied, that the Final Map
No. 29135 is in substantial conformance with the approved Tentative Map, and that the
Final Map No. 29135 is ready for City Council action..
'iX41�
DAVID J. BARAKIAN
City Engineer
APPROVED:
a �� City Manager
ATTA'C__�HIVIENTS:
1. Map
2. Council Resolution
3. Subdivision Agreement and Bond
DOC W 2000-017700
01/18/200 96:W Pae:NC
Paps 1 of 24
Recorded /n Official Records
County of Rlvorside I G
• Gary L. Orso
Assessor, County Clerk R Recorder
u s u I vras we a rcm eocos or wa
77
A R l 474C uxo pmWo Hm nf�e
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
ARABY ESTATES, LLC
Y
. 0
TABLE OF CONTENTS
1 .Construction Obligations.................................................. 1
1.1 Works of Improvement........................................... 1
1 .2 Other Obligations Referenced in Conditions of
Tentative Map Approval.......................................... 2
1.3 Intent of Plans....................................................... 2
1 .4 Survey Monuments................................................ 2
1.5 Performance of Work............................................. 3
1 .6 Changes in the Work.............................................. 3
1.7 Defective Work...................................................... 3
1.8 No Warranty by City............................................... 3
1.9 Authority of the City Engineer................................. 3
1.10 Documents Available at the Site.............................. 3
1.11 Inspection............................................................. 3
1.12 Compliance with Law............................................. 4
1.13 Suspension of Work............................................... 4
1.14 Final Acceptance of Works of Improvement.............. 4
2. Time for Performance....................................................... 5
2.1 Commencement and Completion Dates............:....... 5
2.2 Phasing Requirements............................................ 5
2.3 Force Majeure....................................................... 5
2.4 Continuous Work................................................... 6
2.5 Reversion to Acreage............................................. 6
2.6 Time of the Essence............................................... 6
3. Labor............................................................................. 6
3.1 Labor Standards.................................................... 6
3.2 Nondiscrimination.................................................. 6
3.3 Licensed Contractors............................................. 7
3.4 Workers' Compensation......................................... 7
4. Security......................................................................... 7
4.1 Required Security.................................................. 7
4.2 Form of Security Instruments.................................. 8
4.3 Subdivider's Liability.............................................. 9
4.4 Letters of Credit.................................................... 9
4.5 Release of Security Instruments.............................. 10
5. Cost of Construction and Provision of Inspection
Service.......................................................................... 11
19,004WMV3
5.1 Subdivider Responsible for All Related Costs of
Construction......................................................... 11
5.2 Payment to City for Cost of Related Inspection
andEngineering Services........................................ 11
6. Acceptance of Offers of Dedication................................... 11
7. Warranty of Work............................................................ 11
8. Default........................................................................... 12
8.1 Remedies Not Exclusive.......................................... 12
8.2 City Right to Perform Work..................................... 12
8.3 Attorney's Fees and Costs...................................... 12
9. Indemnity....................................................................... 12
10 General Provisions........................................................... 13
10.1 Successors and Assigns......................................... 13
10.2 No Third Party Beneficiaries.................................... 13
10.3 Entire Agreement; Waivers and Amendments........... 13
11. Corporate Authority........................................:............... 13
ii
SIVISION IMPROVEMENT AGREE•NT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered
into this day of , 199 , by and between the CITY OF
PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and
ARABY ESTATES. LLC ("Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract No. 29135 in the City of Palm Springs, County of Riverside, State of
California (the "Property"). The map contains conditions of approval for the
development of the Property (the "Conditions").
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to City the easements shown on the Map as Lot(s) "A, B, and C". City desires to
accept the easements shown on the Map as Lot(s) "A, B and C" for emergency use and
utilities, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as
hereinafter defined) which are required to be constructed and installed in order to
accommodate the development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
1. Construction Obligations.
1 .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 $233.230.01.
IN WITNESS WHEREOF, the parties hereto have executed this, Subdivision
Improvement Agreement as of the date first above written. 12,44
DATED:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
Patricia A. Sanders, City Clerk Dallas Flicek, Acting City Manager
APPROVED AS TO FORM:
City Attorney
SUBDIVIDER
Araby Estates. LLC
(Check One: _ individual, _X_ partnership
_corpora . nl
(Notarize Signature) By:
Dennis L. Freeman. Managing Partner
Print Name and Title
(Notarize Signature) By:
Print Name and Title
"Subdivider"
Mailing Address:
Araby Estates, LLC
72880 Fred Waring Drive, Suite C-13
Palm Desert, CA 92260
13
CALIFORNIA ALL•P•POSE ACKNOWLEDGMENT
State of
County of '
On —� 9 before me, /A.cJiq L
NI aw iw•l o.c.N 9••'�Nr o•. Nanry Peet��
personally appeared zk /�
wawa)a s9•Nwal
❑personally known to me—OR-,proved to me on the basis of satisfactory evidence to be the person(s)
whose namep)is/aresubscnbed to the within instrument
and acknowledged to me that hett*MWexecuted the
same in his/h"h*Authorized capacity(iW.and that by
hls1*thWsignatureW6n the instrument the person(4j/
or the entity upon behalf of which the personNKacted,
DIANA C.THUNEY 2, executed the instrument.
0 COMM.012as491
NOTARY PUiiUC-CALIFORNIAQ WITN S m hand and official seal.
RIVERSIDE COUNTY O Y
COMM.EXP.SEPT.24,2003
i
Sgwr•• fury Ye
OPTIONAL
ThOUP dw WOMMt/On t1BlOw O not r#QU&Vd Oy Alm N may Prove vabwe Al Perwris m"v on(he doalmeat and pleverrt
GaudOWN rsmovaf and remacnment of m form to anoaW doCu~t.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Titte(s):
❑ Partner,0 Limited ❑General ❑ Partner—❑ Limited ❑General
❑ Attomey-Ifs-Fact ❑ Attomey-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other Tco cl thumb h*M ❑ Other. Tao V RUM h•re
Signer Is Representing: Signer Is Representing:
O�99a NaIN•al wary MI•NYp,•UX P m b•..PO ew 7164•Carogl tM.CA 913My1M P."Nl 9907 Aw .Cal 7.9•F••1�WVG-M'
��-y- 7
EXHIBIT "A"
CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT
1. Any improvements within the street 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.
Mininwm submittal shall include the following, IF applicable:
A. Copy of signed Conditions of Approval from Planning Department.
B. All agreements and improvement plans approved by City Engineer, IF
applicable.
C. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, reimbursement agreements, etc. required by these
conditions.
MORONGO TRAIL
3. Dedicate an additional right-of-way to provide the property line-corner cut-back at
BOTH SIDES OF THE INTERSECTION OF MORONGO TRAIL WITH
PRINCESS LANE, TECOPA LANE AND AT THE NORTHEAST corner of the
subject property in accordance with City of Palm Springs Standard Drawing No.
105.
4. The driveway approaches shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum widths of 10 feet.
5. Construct a minimum 5 foot wide sidewalk behind the curb along the entire
frontage, inclusive of the frontage of APN 510-130-032 in accordance with City of
Palm Springs Standard Drawing No. 210.
6. Construct a curb ramp meeting current California State Accessibility standards at the
NORTHEAST comer of the subject property and on both sides of the Princess Lane
and Tecopa Lane intersection with Morongo Trail per City of Pahn Springs SW.
Dwg. Nos. 212 and 212A.
7. Remove and replace existing pavement with a minimum pavement section of 3 inch
asphalt concrete over 6 id%aggregate base with a minimum subgrade of 24 inches
at 95% relative compaction, OR equal, from edge of existing gutter to centerline
14
along the fre frontage in accordance with City of Palm Springs Standard Drawing
No. 110 and 315. The pavement section shall be designed, using "R" values, by a
licensed Soils Engineer and submitted to the City Engineer for approval.
All broken or off grade CURB AND GUTTER shall be repaired or replaced.
ARABY DRIVE
8. Dedicate an additional right-of-way to provide the property line-corner cut-back at
the INTERSECTION OF ARABY DRIVE WITH SULTAN CIRCLE in
accordance with City of Palm Springs Standard Drawing No. 105.
9. The driveway approaches shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum widths of 10 feet.
10. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 210.
11. Construct a curb ramp meeting current California State Accessibility standards on
both sides of the intersection of Sultan Circle with Araby Drive per City of Palm
Springs Std. Dwg. Nos. 212 and 212A.
12. Remove and replace existing pavement with a minimum pavement section of 3 inch
asphalt concrete over 6 inch aggregate base with a minimum subgrade of 24 inches
at 95% relative compaction, OR equal, from edge of existing gutter to centerline
along the entire frontage in accordance with City of Palm Springs Standard Drawing
No. 110 AND 315. The pavement section shall be designed, using "R" values, by
a licensed Soils Engineer and submitted to the City Engineer for approval.
All broken or off grade CURB AND GUTTER shall be repaired or replaced.
PRINCESS LANE, TECOPA LANE, SULTAN CIRCLE
13. All cul-de-sacs shall be constructed in accordance with City of Palm Springs
Standard Drawing No. 101, curb portion only.
14. The tract shall be redesigned to mitigate the impact on the existing improved lot and
the creation of the portion of lot 8 north of the cul-de-sac.
15. Construct a 6 inch curb and gutter, 18 feet BOTH SIDES of centerline along the
entire frontage, with a 35 foot radius curb return at the intersections with Morongo
Trail and Araby Drive per City of Palm Springs Standard Drawing No. 200.
16. Construct the EAST AND WEST halves of a 6 foot cross gutter and spandrel at the
intersections of PRINCESS LANE AND TECOPA LANE and MORONGO TRAIL
with a flow line parallel to the centerline of MORONGO TRAIL in accordance with
City of Palm Springs Standard Drawing No. 200 and 206.
15 1 -a—�
17. Construct the NORTH AND SOUTH halves of a 6 foot cross gutter and spandrel at I$�
the intersection of SULTAN CIRCLE and ARABY DRIVE with a flow line parallel
to the centerline of ARABY DRIVE in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
18. The driveway approaches shall be constructed in accordance with City of
Palm Springs Standard Drawing No. 201 and have minimum widths of 10
feet.
19. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 210.
20. Construct AC pavement with a minimum pavement section of 2-1/2 inch asphalt
concrete pavement over 4 inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, OR equal, from edge of proposed gutter to
proposed edge of gutter along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110 and 300. The pavement section shall be
designed, using "R" values, by a licensed Soils Engineer and submitted to the City
Engineer for approval.
SANITARY SEWER
21. Connect all sanitary facilities to the City sewer system. Lateral shall not be
connected at manhole.
22. Developer shall construct an 8 inch sewer main across the entire PRINCESS
LANE, TECOPA LANE, AND SULTAN CIRCLE frontages in accordance with
the Master Plan of Sewers and connect to the existing sewer system at MORONGO
TRAIL AND ARABY DRIVE.
TRAFFIC
41. The developer shall provide a minimum of 48 inches of sidewalk clearance around all
street furniture, fire hydrants and other above-ground facilities for handicap
accessibility.The developer shall provide same through dedication of additional right-
of-way and widening of the sidewalk or shall be responsible for the relocation of all
existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances
located on the MORONGO TRAIL, ARABY DRIVE, PRINCESS LANE,
TECOPA LANE and SULTAN CIRCLE frontages of the subject property.
42. Street name signs shall be required at each intersection in accordance with City of
Palm Springs Standard Drawing Nos. 620 through 625.
43. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be
installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following
locations:
16
SE Cor. Ingo Trail a Princess Lane •
SE Cor. Morongo Trail 0 Tecopa Lane
SW Cor. Araby Drive @ Sultan Circle
44. Construction signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the City Engineer. As a minimum,
all construction signing, lighting and barricading shall be in accordance with State
of California, Department of Transportation, "MANUAL OF TRAFFIC
CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK
ZONES" dated 1996, or subsequent additions in force at the time of construction.
EXHIBIT "A"
TO SUBDIVISION IMPROVEMENT AGREEMENT
17 ' v
City of Palm Springs
Transportation Department
Engineering Division
3200 Tahquhz Canyon Way East
Palm Springs,CA 92262
Phone: (760) 323-8253
• Fax: 1760) 322-8360
MEMORANDUM
Date: March 4, 1999
To : Steve Hayes, Planner '
From: Marna Van Horn Engineering Associate
Subject: Amendments to Conditions of Approval for TTM 29135
The following conditions have been amended to read as follows:
MORONGO TRAIL
6. Construct a curb ramp meeting current California State
Accessibility standards atN the NORTHEAST corner of the
subject property per City of Palm Springs Std. Dwg. Nos. 212
and 212A.
6A. Construct a curb ramp meeting current California State
Accessibility standards on both sides of the Princess Lane
and Tecopa Lane intersections with Morongo Trail per City of
Palm Springs Std. Dwg. Nos. 214 and 212A.
ARABY DRIVE
11. Construct a curb ramp meeting current California State
Accessibility standards on both sides of the intersection of
Sultan Circle with Araby Drive per City of Palm Springs Std.
Dwg. Nos. 214 and 212A.
PRINCESS LANE, TECOPA LANE, AND SULTAN CIRCLE
Delete No. 14 and refer to Planning Department No. 15,a for the
design of Tecopa Lane.
' 1
15. Construct a 6 inch curb and gutter, 16 feet BOTH SIDES of
centerline along the entire frontage, with a 25 foot radius
curb return at the intersections with Morongo Trail and Araby
Drive per City of Palm Springs Standard Drawing No. 200.
Delete No. 19
TRAFFIC
41. The developer shall provide a minimum of 48 inches of
sidewalk clearance around all street furniture, fire hydrants
and other above-ground facilities for handicap accessibility.
The developer shall provide same through dedication of
additional right-of-way and widening of the sidewalk or shall
be responsible for the relocation of all existing traffic
signal/safety light poles, conduit, pull boxes and all
appurtenances located on the MORONGO TRAIL and ARABY DRIVE
frontages of the subject property.
2
col .a S(EM'S WEST
P.O.BOX 60265•H[aVnERaON,NLYADA 6oM8 702-28340tia
CITY OF PALM SPRINGS ` D
BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS
FOR SETTING OF MONUMENTS Bond No.SD00086598
Premium:$100.00
WHEREAS, the City Council of the City of Palm Springs, State of California, and
D.L. Freeman, . Inc: (hereinafter designated as "Principal")have entered into or
are about to enter into, an agreement whereby Principal agrees to set certain survey monuments,
which said agreement, dated , 19_, and identified as Project Araby
Estates , is hereby referred to and made a part hereof, and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond
for the faithful performance of said Agreement and the payment of the engineer or surveyor for the
setting of said monuments.
NOW THEREFORE, we, the Principal, and FRONTIER PACIFIC
, as surety,
are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all
contractors,subcontractors,laborers, materialmen,and other persons employed in the performance
of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Three
Thousand seventy Five NO/100DOLLARS ($3,075.00 1, lawful money of the United States,
for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, and for the completion of said setting of
monuments, that said surety will pay the same in an amount not exceeding the`amount heremabove
set forth, for the payment of which sum well and truly to be trade, we bind ourselves, our heirs,
successors, executors and administrators,jointly and severally, firmly by these presents.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons,companies and corporations entitled to file claims under Tide 15(commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
The condition of this obligation is such that if the above bonded Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and provisions in the said Agreement
respecting the setting of monuments and any alteration thereof made as therein provided, on his or
their part to be kept and performed at the time and in the [Wanner therein specified, and in all
respects according to their true intent and meaning, and shall indemnify and save harmless the City
of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided
Page 1 of 2
'•1
laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement
with respect to the setting of monuments, have been paid for the setting of monuments, then this
obligation becomes null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to tine terms
of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been executed by the Principal and surety
above named, on November 18th , 19 49
D.L. Freeman, Inc.
FRONTIER PACIFIC INSURANCE COMMY
Principal Surety
4va . " _
Attorney-in-Fact , Caroline L. Brown
• ..�w.w.w.w.ar
Page 2 of 2 194,015
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RESOLUTION NO. 19710
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING FINAL MAP NO. 29135 FOR
PROPERTY LOCATED AT 2751 and 2789 MORONGO TRAIL
AND 1901 ARABY DRIVE, SECTION 25, T 4 S, R 4 E
WHEREAS the Planning Commission,at its meeting of February 24, 1999 recommended approval
of Tentative Map No. 29135 requested by representing for the above described property, subject
to conditions; and
WHEREAS the City Council, at its meeting of April 7, 1999 approved Tentative Map No. 29135
subject to conditions; and
WHEREAS the owner offers dedication to the public use Ior street and public utility purposes,Lots
"A, B and C" shown on the map; and
NOW THEREFORE BE IT RESOLVED that the City Coui U of the City of Palm Springs finds
that Final Map No. 29135 is in substantial conformance with approved Tentative Map No. 29135
and has satisfied conditions as required,and is in conformance with the General Plan,and conforms
to all requirements of the Subdivision Map Act of the State of California, and authorizes the City
Clerk to accept said offers of dedication and to record the Subdivision Improvement Agreement,
and the City Council does hereby approve Final Map No. 29135 for property herein described.
ADOPTED this,L day of Dec. , 19_9
AYES: Members Hodges, Jones, 0den, Reller-Spurgin, Nayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED&APPROVED AS TO FORM: ytl
ib
MEMORANDUM
DATE: February 14, 2000
TO: Engineering-Marna
FROM: Office of the City Clerk
RE: Araby Estates Tract 29135:
CC: File
Attached please find two executed copies of the above mentioned
agreement, between the city of Palm Springs and Araby Estates,
Inc., for Subdivision Improvement Agreement A4184, approved by
the City Manager, on December 15, 1999. Please forward one copy
to Araby Estates, and retain a copy for your files. A copy has been
forwarded to Finance, and we have retained our necessary copies.
Please note, Insurance is required from the subcontractor to the
developer and should be periodically checked to be sure the
insurance is in place, we will not be tracking insurance for this
contract
Should you have any questions, please give me a call at 8205.
Trisha
CC: Finance