Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12/6/2006 - STAFF REPORTS - 2.G.
o�ppl.Mgn? rT. V N t M �roTr * c9lrpoxN�p, City Council Staff Report DECEMBER 6, 2006 CONSENT CALENDAR Subject. APPROVAL OF FINAL MAP 31848-1 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH SUNCAL PSV LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR 397 SINGLE FAMILY HOME LOTS, 1 MULTI-FAMILY RESIDENTIAL LOT, AND 22 OPEN SPACE LOTS, INCLUDING A GOLF COURSE, LOCATED EAST OF INDIAN CANYON DRIVE AND NORTH OF SAN RAFAEL DRIVE, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY MSA Consulting, Inc., representing Suncal PSV LLC, a Delaware Limited Liability Company, and Palm Springs Village — 309, LLC, a California Limited Liability Company, has prepared a final map for subdivision of property into 397 single family home lots, 1 multi-family residential lot, and 22 open space lots, including a golf course, located east of Indian Canyon Drive and north of San Rafael Drive, in Section 35, Township 3 South, Range 4 East. Approval of the final map will allow the map to be recorded, and building permits to be issued for future construction of the 397 single family homes proposed within this development. This is merely a ministerial action, as required by the Municipal Code and the Subdivision Map Act. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31848-1 FOR PROPERTY LOCATED EAST OF INDIAN CANYON DRIVE AND NORTH OF SAN RAFAEL DRIVE, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH SUNCAL PSV LLC, A DELAWARE LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. � T I City Council Staff Report December 6, 2006 - Page 2 Final Map 31848-1 STAFF ANALYSIS: MSA Consulting, Inc., representing Suncal PSV LLC, a Delaware Limited Liability Company, and Palm Springs Village — 309, LLC, a California Limited Liability Company, submitted Final Map 31848-1, requesting that the property located east of Indian Canyon Drive and north of San Rafael Drive, in Section 35, Township 3 South, Range 4 East, be subdivided into 397 single family home lots, 1 multi-family residential lot, and 22 open space lots, including a golf course on a 212.7 gross acre site. At its meeting of April 7, 2004, the Planning Commission recommended approval of Tentative Tract Map 31848, which was subsequently approved by the City Council, subject to conditions, on May 5, 2004. On May 17, 2006, the City Council approved a one year time extension of Tentative Tract Map 31848 to May 5, 2007. Final Map 31848-1 represents the first of two phases for this development, known as "Avalon" (formerly known as the Palm Springs Village). Palm Springs Village -- 309, LLC, was the original owner of the property, and remains owner of a portion of the property within Final Map 31848-1. Suncal PSV, LLC, is the master-developer and is currently constructing the project's infrastructure, including the golf course. The master developer's intent is to market the residential home sites to merchant builders, who will construct the new homes in the future. The multi-family residential parcel may also be developed in the future by a merchant builder, but is subject to a subsequent development review process that may include an additional Tentative Tract Map and architectural approvals. In accordance with the requirements of Tentative Tract Map 31848, and consistent with the current General Plan Land Use Map (as amended), Palm Springs Village — 309, LLC, has executed a Grant Deed to unconditionally convey to the City a 5.724 acre parcel for use as a future City park. It has been determined that required conditions have been satisfied, that Final Map 31848-1 is in substantial conformance with the approved Tentative Tract Map, and that Final Map 31848-1 is ready fc,r City �cil approval. FISCAL IMPACT: IFinance Director Review— None. ` David J. Barakian Thomas J. WiJ9on Director of Public Works/City Engineer Assistant City Manager David H. Ready, City ger ATTACHMENTS: 1. Map, 2. Subdivision Agreement, 3. Resolution 2 ATTACHMENT FINAL MAP 31848-1 RI S a d R,rid R� X fill 151i 1 w v g @ I 8 � R s 51 Ilk p,xi— mix VS wig % s ° 1e y a 9 �h $ �, � 5 i tit I Eby 3$x $ v Fg2 � J .� F %R 1WH rig W1 a y 9 � lot! I �iy �- q } ib yxpx! gyp a '� tl� �; $ • 4� •f 3 .�$ i� •}f k,1 k° jig 1 0 �• � 4� �9 � �l �� �1 �l A� �� p � �N tf� ys i i sr RR a c aai . � � ca.99e2 a IS g }g g 282 l 2 p y ' 8 o © ©0 © o 0 0 0 0 0 0 E2oB IMo IN 4 4 4 44 .0 � tE I CL 1saaaaai ��� Ml ; as � N Rzz-cox 93 � s 4- Risk6 MY Q3 $ n _ � • 1 1 I1. y■ ■ry�,���ra.��llRt}l1 @ . ■�lYill"_��1wli���� � � - LE til poll Cf Q I-1iFL'4Yi[LL+xlarll!'11]Y i_fi.:F.irYi1_^IiT h9 Q rii� �• i•lifYlkrYi •+1 l aTL!•a•, _ D '' _ _ 1= •1li:ITkf•1l+a C'rlLIN _ a'i[1lNn�>faR'hm r..riCT:Y m m"ii6i1 M riFli',^ehi•iF+Si'+'niiii:f rlafiCiLrilf 3iai-:*'ri-R1 y �•F•3 a [�[i's.i Y!•_T'.Ii.➢.4xi—.IDI _ _ _ _ ' Ql � fiFiiie'i:iltx.vli h3ir1�'1 r"rll3k!a�Y�1—"lill'_ri1G II��+r�� �yw 4 � r�•lilk'irSiN�'ai:,niM19f _ �'��Y�iallll � �'� 1 � l=oi-G.a>t�::li•-I�4f �t� f Fqi L}r:Y>i2?a!FSri:T 1 4'a iuc[•rlkrr�ma•� r--[r !r<•-.;'��=c �-%i ��ff��ff�� RR � lai6i SIm['a0i•.t �maws ® r .Lrrl.n*'! r-ai tir•YaR v.airut,! rr ■■�a■R Q``'0 trl0i@zY'a16£� [..1lett Yi:.,.:iiRb ° i3F]Ii1 �rliT� �10 �Jrr..:l:..•�rin:a• [+ !-i•��ii G[ _ it ll:hri'tW�Fcili laiefk'1iL.,:'i!'[I� i !> P :[[}:e'1171I1i [+:lilGl i:YfUull S�ihil �/ EO G ��".(� �Ia. [surr•.....v-antefa r-fi:�^c'��'aG�i-.a1 Rrrl:r i2lk ll all[.n.i [-li ryii'1 E.^1 fH rh[I:f�it;�.l�f,-J• lNaai•, 1 ID aD ID aiIZCG]• :yF�®i {J [•�i!aivi�Iia xi•II A � � m nlal:a-:xrir,rt:_xi ®mL �0 I aalcr-..amr,•fxr:.� [?:i�'�c;�l��a!='i A ,Q3m d d1 Qii:.if'szv'a-'I.�� I�l ` •mIQ m�f�'�i4�r4�� � R,lraZk�a.r�rt,=i ms �y[y [n.1CF"'R'llilrf i ��rr'�'MEf!RR�IRRRR RRR RIB■�yR y}Or MEE * © `•Irl•Iyril�inlY�lililil ifnlllall � [clxau':ca-inn?..a _ _ airs ° '4 L S r• pi. rs'a�nr�i ra1i...1.•.r.,�riuri�.n! _ s. �y�z a'.:a�nui �aai•.n:�Yiar-:a:•,ai,•ay 1!lQ.•i.d:aOCI"]i I�Ji.�'iF..iQr'q�SAS.L ..'. 1�1C1•yak:aClF'..� b.fi.'r�1LiQ.yifl.Ii.IL 14fT a.l'i�Nl:.� tali.l.11iE5y i6if[}9 la1CI•&'•ialOID•va I•arE,.SIIai[0.'y i'_Sf�91 lrrcl:•::1ar.:� r.lix.airuai'r-li•4S _ - [l'll:[:+^Aal�IhCi [+M1li•[L ai0.+�i;{IIi:51. id TW MY OF PALM SMAM CM"Of RIM=& STATE Of GUMOMM SHEET 4- OF 215 SHEETS [41L4is.�.a[�l„i [•Ipili v:Ii..FF'.li'x..1�'Sy [!a1Li`l o']OIL!. m [-IIli•dYai➢ai 4tliH'a � �r l!vL'i eY'a[ii i [+Hi•,1VfYi1[.'q>i x Iir%n ` ri [{[fi.lCLiIIcgi:eyi;_L ®i ,_�;.Y�1lx:t [iFfi•L'l1iYfA'gi;zyirSi � .r1L. i Qlic-•a'i�E,SfErT l!]1CP•iiY'p[1CT..i [illia.f fill}yi1cS�Pi r + lirll:l{L"f'1�I.Ri [illi Fv�'iilla'�1i�5!l ifi.[ cry,?� 1Qlce,fn<;rary�•� ruliu mi��-�:.�s�xikr F' [>..n:[le�l.r�l-ci [-..li...ainr•yila ail.a WN I o� i�sFt 4�fi�Lli_a i�r•'�lili l�A� f { '[ f r r. `� - r. V �`•� �� 4 -4 . ICI 000aaaYr[rJ[ 0' "�. WaiiYE0" [il[!^?=tta:a..�i[•Ls�al [-ills?F%r%.!x] o]lAiYld9 [-0[s'1-rta cay�*1!¢Sl [-rll Ti•ID! Qylthu�ll�Ir i • ' [9rl.i..M1E:a.glY�li:q F.l1t.C[a IIgi Oxi]Pl fQll�!}—�>f�!?'x'yi:�x r%11<iCi'yi�ia��lifR.T� OD©0� r�l�'a.3aaa_,r��=��ess r�>s::ka•��_v,rl�!_s, r�rlrr.o.�.•..:ri.arYl+�'a rs[l+..•c.lu�+ri:.r'Yix}v [+ul+....••a! u•�i�xir*a rif�yt��£•�ll��l!-:±� r{{lf�—i1�i5Dliri [=•i>FStil+iF-rtlTl l+llnF'1..[�..x.glfiNiFr,_i [E r>t Z'•iF.iL.ai�£IiBi� hY!'nF:1!}.}.r!'-a•o!'a£.0 < rCfl II.am!'•a..li'.F91i'4a [�l[!4^ff.!'--a.li'Cdi'311 ["Jlai..x.ylv2yl saiLM r.li.a.k_k!'._•4�. YSSr [-altll.i ii'a:rig'1!'_ [a[!.1"[1w1.�iJLIf_lY ® r.liaYYt[!..*.�ri:bYiL! r [-d1•Si..iiYlF'a.rl.Oli45i� [a•ll..i'S�I�a�}.�lV:�If.Cu ['ice'' 'L%I�—T—'IilL1!'?1 r�Js:i9kali_T-'1lSli011 L-�lt:Lxl�1!�*"1!!^fY1t'�J •.1!{HO.�.n..i'}:Yl�A Fa[>♦'�•r.11la•�lRi1lDn b1l r'.:kln.r..�loC'rilvu ODD r1���-1-.*•-ii-�*-�Is-'�r [�a<'ErF.i_a;ir!=sFl r-1l:.csyE.•�-••,�"rurr�i aslr.[.:•:•r-anui raca��.e:!••*•a!•oll:r r-1!'��.•.!a*alxa.i!•: r r+'•[l:.,•a ldiM1l��hifr'Y oom faLT•i4:�i-'i oc[s�,t�rr:a � r Om000 ■+�ir6l:Yf"'T_,f!SlaifL•1 l�[i•�i S.,rr..l�terry t�li���li^VlLsl=l r.rai .mwix.+.:a aiaC.� [i[li[i:YYi aC[�:9diFw a .• � [ali,rariasvE•saav ! ICI [-ai_;ccyly-al-nlII_� Flli•Ii[!yi lf4iiflal.`� 6�liarlhiII HiCF S�-] BRA N � Cl on �[ma - A YlaYli+...Y...i:R+zi•c��RAY C-li:.e�1l�Itniiuxy uir-iJ�sis.a-n KYlib[a]Yi 1R�iiC.Lli li'1 L-lia s.Yi➢�4i nsif]i:BY �. _ L:�iIY.R.SYiQagiAF�1E'L'1 Y[•YliCn•�iJifR:xi:lfi%a Y •�•f•• .rJiiF�llFifT'Y e f�F�ili.:l.[.7 xi n.fi�r�y �.11�f.�yFl[.1!-'32-xi_ riLL'I FRl iiiY Ml xillR',iYiY Nam L't'Yiga.gissgi..5[Y Fq iY.�ui.sli 4'Sl.r W CSi�1Yi E ri_i_LL1 J f�fiG irvi12 I!4[ir I i. _ f Y f 1 � 'Ii F lic 11. 3 - IIIQ✓?'ii}•)a! lali.e a••ai[:'a!Cli[v!'a w - fiY 1,1Q•i-Q_iilfLi l�liir_i..fi2'.l!'Dlix ¢I �I�� ��f lv1Q•il1v[i L'ifYli l-flai[i/.Yl a6'.li_fGlrEf F li1Q^�uli}a.;li l?ll r4:ii9v'aic_iY!'v'd lrlrr'.• ' i-!>�iS'Ji=_1i=411-f lx1Q.w—JZl x..l! i-fila'1'.i..x..l i' illaRaY !1 , I�1Q f iif' a I.1>i rLk[r if¢lam�l ClC+11� r�. Ix1Q'La��><l¢•r:.i - 141Q i kf MFri I•IDi afi¢S�Y<'_1!c f �Z:: �}t•R 151IQ'i.'fMf.iagf 4M:,a•Nl.iifv•yi1C.l�kfY ilr�,!� lil�l lD1Qi'.a. [f!'i [•41i+:�1_ii.IE':l!}}.1��_Y Vup ii if�ll',:� 151[[p�le:1[ill[•*••li [dH>I+Ciii.rM.11p'1l N.Y 150C�`aifQ9)i [50f+.L4iJfiiEYE J>t_`.61 �\� 1UMUMI IU .Y'iMU.rE •_i [•R[li:l.Y!'_v"JiFSIl:4lf �I[!11" �� , C6rI!]i [91Il FIKYivF'.li i 1i31!'1 Y[Mt - l 141Q1J-A R [•IIliri:-t•ai:v.Y�_'f]!Dl ::�� ll,�l [UfC!'i Ya[ 11[.L:i [i[llOYi.i�-vyldil!'IIY IYGIC [5r[rr'...a !_ri• [•➢]ice i_1111i_�5'�l!_41�'S I��1� a![1 P 1C[^�laxVilm[]i N•liaiu•iierR'•1!-ryff•LIf lJlf [xllC[`11Y.�a[if=II�a [=11i:1CC�ii v'R?l�>t:i-Y ��!/l M-ELK 10¢'—•� Qi3F` 1_i�Fl .I Xd F'111i1 rim.. liVl[iriY iYNi[i [^il if .Yi>•••r.li4 5C111-'P:Y IIIN�III ' [5'1Claxi,riFn;• [-1i:141r�i'••vylfVi>E'lxkY1Y !Y'1rr�:.sna-i¢_'! L-'li•.Ci�i:JR]�af.i W'H i( �,.. ar1 ri gmuE'! [-rl[l Lfl'ra>•+3.1i]l.ii'.'f I[!!l `f! RR'i [z-[i i:�i�o!•{llllir!'•,:•Y Ily}y, ���� ! •lceb•rlHilll! [+.li.i-eF1a•z••llavil!•sla ls1lQ:�a rli¢Lni [-][ii[k-alt•••Y••1!'r,i'•Irry [v.IC!'v. •.li['. 'i [ar[ifere�liarf�cllir�i Pa1Cl x:rR;<i['*_.i [a x[il�1C�i�r'•li"rnlill Y !a. rrr r--li rCali�_•1�4i E23 F'f i+'L'iIa1r1F'ai�_u!a_'l ro9 IN TIAE CITY OF PALM SPOW12% CMMT OF NVMt=L STATE Of CALFMM AIM &HEWr V SHEEr 9 OF 25 SHEETS Aft MSA I7 , 1 11. QulIW"TA DODO I:Ii'L'L•ki.n.hiyr'1!'hI ✓i` rli�Z!'L"IirO-?^ai�vl!•r�J •aIi'Lc'Yi'•^_•hi V riL'4I i•Iilva3fi':•rai;a I<CA 52 CIO rI [iil�L:Li [RIiE'r�iflri!'41i-�1 III - hSfi-Y:YVilrr'hi rl'li:?h _ LIIli4ve+YifrvaiS:[•,ilk:r DI& Ii[[ilr-'f'YilYai'�['li'[ r I-:[i'G•k1Lifl_'il:F3ri¢� / rw. I-i[i n:;yi•*;ii-rpiCrFa I-1i!L51�Iii_]i:riifff�r� !R'1f[4rr L1i•=iCIDli_?iii�!�itf [ayiCa�b:51 i'•.r...1.111f:Sf[ r�r:i'r'�rsrry��S1 A ! [ali•JIf�Li.,r,.al�x•1!•Fr is dfl!•c,[ Ir�l:�.o•r�uirrr II�I:l.e•.�[�RF i I•arre�r:r�el[a IS�C[YkriaF�Sa Ir IC[ r'Sr�"a['�[•i �i •�rrLafflli M VIA V. 3m 138 E _ I 112 1 0�008 0000� Q©0 l:Ral._'I!'9r �5�15.I3'YiFf•i F[li'a:•l..ii�i1l.^_l!¢y F_4lTr�/l w�IifBPI!'SB rt6.Z'Y.IvfwyS! Ia�i'RxF'1!F'dllF'IlrlOa [-di'IIrt/!'+vllFr.l)ElF.l �a�P.[,iiHilrVS! [�:�l7_f'•Iii'_�il!Y�L'e L•115�•ai:�fl[<t6[l�➢ QIIairLxOf�'� l:ua [-Il.r. s;�'aiuvl�rp �Gn'[.,rsu[wssi ri�rlrQai>is'llFr-ice [a.ir�il:'��ll:-s*liFlo �LLC[:v['P3iF_'4'i K-Wl� L.li_!��IiCJilira [sl=L'_Sl:rF'•1!'3F__ril'�ry LiC[_'a`c'Y�IrS'1! •+fiiYi I/!Lv*1!'*.IIKIY iz.[!•ir/iSlolR'tl!'r11>•Ivl [r�[E15Y7[Tli [a,Il:"P r.➢il�1J!'rxl>♦:irl [IrIC[.-fi YlYllsari [aSi lO'.r!']R'.alc..i�>Q!::1 [5f.IL[Z�fF�Ii1.➢! ] GLii:f3l[[CfF''I[[[J�l.:f Ql�Z6ri! '•lle�J!'Sa [F[II'[..r _ � llxf xlilxa [a'[iLS lli'aP�llH.l>!'r rl [51i1:['"FA MiF'i [ll�-i![T%I!'r_.il�rrl [sl�r�/!�-.T.'i!'TI>� �r{GG'aiF•.r:! I ml�ll[:I[FII IExDII= :'i QC�c�ESLiJIiJlm f.*i R[aL[iCF'•l1Yf:!cylA'1!P [+'Iih iii'llab]YS:AI bI1[•LLYSY�La+i [aZ[i.]CF"vli,�r,:llnarl!•rTU iY [s.Il.Ti'.•,r!?v:lllE_I!'Su mq 1 .I_6aO♦Bl.:•! - [oHi.IClLi:6yi'x.JlQs'a Hf[l..xf'.alffvll.r.liikir [5111['ZRGiII✓..➢i [ifll a!Yt.}iJEJ-llraa f"ww.r•11'•ly. ?rJQJ�bE mlf[z nr�!_r_'i i•. ai:�v.al:5::1i11ra [SfII'[ iJfi�11};i Wli:SAi/!'sdi4}4l+a'y [[eIf[.]Fflrifil.',! mi"JL�S"1!J!�•- ] EIICCS' IFiil`_i - _ [�ll9tr:ai•_r,;.Is2•l�R'a p-[I:[^LLd1Y14i11! r� i.rl!Z'.h.Ifa-.r4i_Lli-.£ll laalC[.TII.fTY�CL'! JI kJO- i.'Jlri..ri/i=vlirttc]i:Ty ' S c lYr r n JN THE WY OF PALM SMWS, CM" OF mvEMM STATE OF CAM.MM SHEET 11 OF 25 SHEETS TRACT ASAP N0, 31848- 1 OM*W 2 FOR DONWrS NOTES, NEW A SWOMSION OF A FORN7N OF SECNON 35, MONLNEKF WTEK FAMMT Notts TD*WSMF 3 SOUrK RANGE < EAST, &" =ya r�r BoLtoA11Y MA CONSULT]Nr, INN- FE BRUARY • 2W CEM94IMR wT•ur 1,OT-AW turf Ye um xi GEE 4RRET a 324 _ 819 uii u. - t 31 u. can s. 3[0 30D 022 321 320 i Wt 319 317 318 316 , cr v' SwY u. SYR v. ,_ Soo _ 307 923 Tu ss. +.soY w D,sca ss. c uoo v, o9m v. �= tofu 4fl v _ ___ ____ _ RrIIL tC r _ —1 U T►ri011 143 } 144 } i4fi 146 14] 14E t99 ; 160 i51 eiiy u�15 v. ,sus oriir, i tin a v. a t3B ss. 0.r sr, vn u. un u. = R1R v. utt v T42 741 Y DTI 1 1YYlQl CUM DATA CUM DATA uo'x Fne n mv. oaa mex TMD[111 rn YYVA YY1r ir•Ynx sur+I 15 K W, Fee 140 f on.wpl oa.ao/1s z a a r a lw scvE r.w• rl l� ` I IFE+�T n r AVTW CRY OF PALM S►rtlNA CaWrY OF iNi'DtS K STATF OF MQ . SHM 12 OF 2S SFEM I w�fia !�/ +r 30B TRACT MAP N0. 31848- 1 ' a EIM A S0101KWM OF A POKr W OF SCOMW 3A, rae f' g' TON4 mw 3 SOVM, zww i CAST, ARY. T MSA CaNsuLTR4a, Ixc FEMUARY - 20M 1 l 307 • 180 vao v. � r� � lAinAY' Nuwq + D ,d rur. =Y.µ0l 11CW WW2" FA�YRWrm llE LAiA rx rler unn ll 151 I g ur• IfMY WlT Aa v. ,Y rtuc S+ so sll�w Nona �f01[�OIWMY 011sNall 1 ; 0t11W DATA 1 30b h 182 l Lm l BAP. L,w u. , IRE 184 aoo xaD T,,a0D9 �\ IDS \ _— � FOIMiAN LWrD y ID7 or s, [eD F ❑0 171 172 173 171 b tl-�-If Y ! --+ —_—_ —* —; -V -_-� ` _ iAN IVilAd DWY! E I'MO' r-� ri C l Af THE CRY OF PAID St1EMK COf M OF RWEMK SUN OF n.i FMM SHEET 13 OF 23 SHEEiS TRACT MAP NO* 31848- 1 BMW A -WJMNV M OF A POR716M OF UVRON S7h M M@T a ran BW*WS MIA FaWP W 3 SWJ M 1GNOE J j&W. SIWM, llo�wom,•••••�,••MOIE✓t AW nwrr u,. MSA COWSULTurq Ixc FE BRUARY • 200G a.�DATA ME JHW 0 FOR DOLNXA v Padommo { LOT'AW LOT•AW v F 2P8 2P5 294 299 202 20 290 28P 28B 9 2B7 5 429 4 4 Y. •SY.I. _ {N Y. l288 29B S�v ' ca W PUL ,d ALL LOT j. FOLKrAM MIME t�uc.m0 B— m WW O F I7P 1 8v 162 tB3 L1u6417B .� 4174 176 4iu v. 185 .Y. ji ear Y. em ------------ -----------------__ -----L- LOT _ R cW [rcd.ram y MH RAFARL OnN! 4 ____ ___ �E M YKI • —� P4lS cl¢O S. IV IM J 4-� (J) a 00000 000no ......; � . ' ' ..... L�i:er.n iv_•.rlEv,!s�s �.R�ala�,yu`,.-....:aa:'rr�r� L-lind'i•�alff"..Ii iF.f >♦!rr i!y p - a••... tsli�'eD>fI'�'liCr.ylerR [?'J>I�Py IMMIX ryi25 s '■1 - F:IiWfG:r>iF'vfli.w.ai v.i I:Yi..dif!'0..ri'e'YifNr QiLlfi �!I¢_l!F_F:aE3.r Cli'SCfiSa-�li?v� L+Ilab•rlrfP'1lll..ri•iCY Iil1i[5f•:Yi'!gi v'YiCm •afi3]'¢YIrA'tli trriL I_l!.Qryi.'.r..r!!A.li.1[r t-li}l[rL!'LF'd!'iri,tia K'li•aPYai„a'•ri'AYi].a [d[M:l L Z.r:a... a'.li[_fYii [-+li..f..ry�,"•115aYlL[ia 'l>t' YiF.w-t1�CaiLd L..rli.•HPJ�.S.ylwyila.,y Ns[i.:.:Yai4,.vryiNlYir a mlfW''dll�,v f`�r>'SiT9 Z om.W., Iol1l V[>Nlr;+li+a l,irr.V [-:[ ., il:.y:a1llGofryl rryf..}•.ii'al �C [a[.Illf+}Oira'fi_L[i!•a [-vl-d'i_rMMMJR_yi!51Yi:F1 iwki:e.y [➢1!•i ml!':S+I]lC4illel [.i F'CY��IF'.ji,r,i!•i 11 'j. .� [vtllaf}L!'•,FVl:RkirF+r 6;1!^Ylk ral tlF'•1i'Ymiafa mQl,3.i9_-11�.1�'1 [-.li.�bt'hml .q ils0 F1[ive>. suit'.i1F.9f1^ • ` `LI �� 'if{LYuLI':IilL'fl ni•1 1 ! .•r F•Ii:i•i:�iT?tl.^.Ii0.'i _ C=1i_F:L[lti�IIF':IiT'i'� Pali -+IiSL=:alavillt:44_ - [�ifiatifYaiN[_'9l:Yirf!!•f [•'Ji•?•[alp—MMMP mY ,- [-'Ji.iirIIrf.'II,•.Y iivngls.a [. llt.i[[sii.prytyylII:f [--f!••krx'a _ -r BE=- iR'•i [s llt:Fi'[ipv.ri.u}lpr.r l-J�f'aik_�:IMlffi�iTrp�yCi•Ji��i]�lt`S [-rli:JYff:_��IiL'S.rirZ)e [_'-1Z liklf�' ii!-li:Li F fl iC: .ml�'.a,.li.-Illl x K. A.iLy!'V.riLv,li.R.r [=1l e6 iL'it�lirnli�F1 .t [a.[iir'e3ai::iF•.Ii.T. MMMFril I7fli.Ln SiL.+.giL.ar,Yi'a:f v&!?-8 - - [+�ilie:wi:i'F'�li'•ifli+Ri [-Vli•-!'n�Yif•Rvniwyiy5ra '� "� _ r=a[iarrai:.'�,Ii=;u�a rl[irr.Yirirv;i-.�linm r��m�ai:u��alg.lfta r-Ali:±e;,�airv-1�.�li=nl Hv[16]Y•[lp vlllv4iAr Mff!••il vYif•1M1✓nEgYia f 1 ' I+f��ryE l�a [[v1`ILifS�IlFF:Yi'fi 3:a Is 1>L..BPfC.1_fE Yi'•Rlli�r.➢ [a7il�C1LF_•linri!L4 Ls Am MEME _'.{➢i7"., [rli - mll 6'.oi .[bihT:r [.][i..Lbgi'1R'.fic[iW [�pli'6-i�YlII*i ➢il.•D [_A!_k� >t_f:I!'_E•_[!�'11 Nraii i:Y l.fvfili.fi1u i � aQ� m cr�•Irirc! - 14C[:ui'liillfi � t<acn�ra'•awv.a h1Cp..•• i ar lT1fCI�FYI Wll��!Ei II Yl �TA TRACT MAP NO, 31848- 1 oo "TA mar DATA ti�lsflli.i�!'x:1t+.1 I+ll!'.r Iasi iR±.!'_Ii L'r tllL[.'sApY�Q`bs FYI i-Nl ..'ai:4ai41Rl [•dl![•LFi•[iaR'ail+'It4.T YliLFII>L�6F.'i - u9lieltiJ!`_•?1i�3ii@S [4li�.rdl iiLE�!'F.•Li3•:. Lar[r:n;.. <S!i 'Cli>++aISRIYi.•+••1 [-Fli4L1[[iaF�Yi[r•y�r'f ![1C!'r�a•.YJ•!•� + r�lri:�x-ai-sJ�y m�as[-r�-Fli:"Eri:.�-; of®�u:—�.a-am-i ■ L Yi•]>•i.ai:'.!..[i,A.li]!•1 [-ai••k=.a�L x:.inR•1l Cio Y:1!a.IIy^Y�l:Sei IhSA • 1 r :1:'• 11. r•,ai.:xr¢�i•:....�.+rai[.rh;I [-yi•.r ld�E xyi. •Ii�Fy. !.>.r.[rn.arar.c i 7 - r�rrLic'lTri�`srri:r�:� r-u�•asrv�.+.��iisx; mere.—rar�i t•1ilH siCa•�inlyi-![Y [-:[i••r'.:.aww!:::SMYsh. �rar.[l�Y,r al r..i rsF.`I[1'J�����rti [�fi,:rtnmmi�'a�yl+«: [vcl�zc.r�e'�•i filli[>_15YfL'-x+�i:l lSi Jy Rllil•kfY r)•R + [i[i41iri1lf [ffll:f[.dSY�!-••i _ DONE" [Qii'�f-Jilr�iifL"fiiE'y r--±[ f: i[-•ir1 161Cfe�i"aGL•i filfi_t-s�aL��»il_:]I [-�itassf'a!_al!�li1G. Moomm WTElk mmNINT _ [i[[i'rpai[IF'ri�'4!li4uY [ayiPklFr!'.a.yiDtll:r: _jam t 200 log 203 2134 197 [[�lilR[Ji.x6�2iY C3[ CYSQR'��illFli [i[6+:i'4ifiR[Y [a'[i.e'>YipS•�f •If[}♦z: � EI 1 [ f L 3 0• 207 IDB T, me .. " • 280 rj BE SHEET $4 y IJ SHEET 16 OF 215 SHEETS TA TA DATA TRACT MAP oao�v oOo NO. 31848- 1 ti�i['!L`.'Yi'—•afSl Srii_Y L•'[lis:'S'fE}'lt':RI-SiI LOR..iIYN�Lt'li t-�i[•!h'Yi"�•rysfl S�i!'i'. ['a[l!'I'};Y� 1R'4t r.li•1.Y �.il:[iYll�1!':Vft t+li•.F:IIi_�S•"��Y r'li•�'efliF_^�la2Ll�e�f av�Ci'L'�Af.'r! C.Ji'IFILYi`�C••.!'r;fi R'Y [TS[!'1'iYl.'.F..1i1L.itifi:, l�'r.c. I.r�4:Ra ' Iclii"Y�iii-J�T4liI_1 F•1!J'b:Ylfl.'I<']'1iry11 �.ffpva Yli��Vi !R'Yi'4}+ral }q i:.C'[ LIi.L SY[fII'Y�P9�6I I '► R 1 M 116 F-1i+�F�IFii-{F�ri[F�eillet Filinr'[�klIIx..ltx..YIL y t!1i"F'c'_Yi_3FJl-R%1!^Qt [•-1lYt�-'Iif1E➢liyJ bli^!{TYi'1}'yi'.ai[FR e..li•]Y:k1Yt..v'sirs�r�w.Y [��+ea ii�.:sra�rr�-ue r-�i.=;�'ck��ax:+sl�s.i-•rs [•�!!'}p.'Yi['LvilrAliv., [.[i�1'_YekLM1if_Lli_J [slaiali'➢F'•1l�i].SLF [•-li•.:lr[iL'v.,i}',ili[Y [i.f i'�6YIY�[•]I v'rl l:R:I i:Fr. [�'[i'Iliil'kir3'v�Yi^i`yi-rjl _ _ __ KWM [i[!!''lbY�6-v'IiAFBir•F:'t [z{[i:'!'m1115rexcri[?•1l.zTf VMMWOM PARCEL LOT'AV NX 221fa-" Nt [•➢.fiiEL.ii'�'•1!!r'IiISu [=�li��'a'l•➢fi�JE�zli—1 [ilfi-C}IY�li v'1l:PIiOIY. [.•1i61b�a}pF'aiF}sifl Sll [ffli`FRViFiFrli'�i t�.fie�^="Yt:sryiF-rrlT<`i © ��[•�=slarn�n ` r- r 208 ,i ALWAUADOM DRIVE 262 y. J 227 IV WE LOT'AhT UYT I" ii Q©n a�..rrII•s:�! � lfiCP3�5riII•s">• u1CF�aranr! _ 1RCFY-Y am PANNE 1�1LF:'i=R'aRfIS!! 1� fllSiANNE � n[.IC[.['t-ram}E! � •� '-;y nelr.F�.RiIIIF••! [lx[cF-s•rr�na� �cr. l 4� r r• i• f 1 1 J 0' 0000 Q00�' 0 'S ff f•]i!2"QY�i..1l.v'11.II� [�!'i.IDI!II'.11lTut_-:.f _ •-1ldY•-3[LF"�i+1i:r.yt C11 F-[!li'1NlLF+Y!'a.Y of L1lG�r'YlJM1'tli+i•li'a'a [-[i TiiII-•:1llirfla'1 [-KIM aSLllflR':Il._.1�13 rll ifflli�.li.'Fikl.a;1 7 _ I+'1l'3F[lYld . a.y!•1.1i [•-il d'1'al'1R'niS'Yi-i••f 0lflz"�fE)i 'lliL.rl Q�LiiiT'ri��tLTJ 1 1 f LYitIIIM1SYiaF.vi a 1 L.[i.�l4i9f'•fiT'kiG.•Y i.iI:PCYlrl6di_li.� [.![i^i f fl+•nelsvf�.av [•ll.Nil[!'-1M1.11MR, yifRN L:Ii+nLalRi+�liRkiH+f [al•li•['Y:YI]]R.IiiT1i FFf [al[![Wf.a!'•i'•f!: [!'a.•1 [•IOl.3G ll ZV..It'41i.O1 [a[l�.if:.alfi+.! [il7tl•i:�'n'[l:R+li'L'li'}'.1 ®�f1EJil'' il�T LS�II{J�TI��J I4[iy!C:Y!'aa}Yi Ltlil�f [afli fla5YlL'•aIV..Yi[S•f [8.11q°CYlIIidtx fi..y [1[i.}•f!ilRt'a�c}yi'ag [4.11'.1'e9[!Li'.It i.f�AN [rl li..1111L'L'.fiif t!'SSY [lli..[:Y:f!'ddlafliSaS L.Ii..�..i..alcfF'glR�[iNv FIIIL3'•!:Y!_R1lYDi a.l [Lf<l'if911_II'4!.}•kl3f _ _ [if1193'xlIIR+Ii'yLi'>Iq R•il•[+ptiP...v4!'Slki•lh _ _ _ CiA1 iwmil '1lrT_•lEW", L�11'rG'F_'I�T'iEZ.�k�1 [•-11<fl ffYifl v'.IIG>v!%a4 LS!1[SahYlf[Y•f!-:S![lP!N [�[i.T.-!�[fil i;.Y lfrli5Y�1 [."[!•fill Gi<��6f➢flfPllvZv� [£113�Lrii1•ii�Yi-�rl 7N 171E COY OF PALM SMKWX OKWrY OF awMCMc SWE OF QU#UNM SHEET 1N OF 23 SHEEIETS TRACT MAP N0. 31848- 1 bM aHEST 22 REM A SLUDIVEM OF A POM W OF SECTM 35, LOr„K TONNMP S 5OOO6 MNOE 4 EAST, S.NX NSA CoNSULTiNQ INC HMUARY • 2006 .�. 832 331 334 .33 w v' in w V. 330 835 w v. .s v. Ea7 tlim 7!OR iX&MOMM MOTW _ am VKff IgTlil,iA7G6if IgTi RW u. __-- —_-- --- iQ 7MW 7 lDII mOIANJIY f v. '�- D78ig171 395 — ¢mxi 7w W. caa awn �� �.yO• / 340 /! ..341 r,ia v. 32B 343 / 29 946 / CIRY[MTA s,iob v, / // 328 mu acu mu .xaa} / B _ ' sze DATA, 826 n am ib. 324 p 1 Loa u. LOT'AW IwH wW oHil` i r a a is io• J.M. 11411 ifiJ scr� r-�o• 322 Yuu'J i� M THE OTFY OF PALM 7NtlNO.R COEMY OF NYE1MM STATE of CAUFUNIM SHEEP 10 OF 75 SHEETS TRACT MAP NO. 31848- 1 0E1MO A SINOMgOM OF A POKMM Of 3WWM u[ TO9WSWI 6 Sang WLNW s EAST, S.I.Y. MA CDNsumio, INC. FEBR.UA.RY • 2006 IW VIM xo 1os � i MIM [V E tu - +¢ sea aLltvc DATA mw MOT roe LoE®ra Note. gN1aNf ME{, AaReit NOTE{ IT I m rra ou}a t Rxr AIG Yi:i[f'!YAP + i a�aN�r a rat aaatoutr t GalMbLr IDS 7 IT,LL LOT•A' ' 1.M1 v V.IO1 M LOTmmm 'AJ' Pod,nrs7 msr tc �rY Pow+nrr+ 984 90��—'✓ ybOT 1 •� `LAY,JIL l TiY � ass \\ I 3e3 41,}Y: •A 3e1 tmw v 354 rT Rl,1 v, 353 \ v, R'38 v LOT•AT w.nt to i Z awxl Lff'A lr7 eY M' tl ilY [tl :W2 1'�Id J 'a�i9 W THE CITY OF TALK S>•ICHOS, COOHTY OF 1tl4ES M STATE OF CAHIFOiEHdI SHEET 70 OF 28 SHEETS TRACT #MP N0. 3t84M- 1 SENT A SUSOM 5 M OF A PONT H OF SEOWN 33. TOMTf O 7 SOOTN, WME < EAST, &". WA Cosxu r mrc Ixc FEBRUARY - wa as aHEr awn IBi0aa3ira Horn, Maaaa�r mmse,ameort xoTaa M vra�rr wr is BOW a FOR aaHao,vn' erai oa GUN!DATA IP Y6A MOJ 1�R73 WYRI LOT•u Will .Rw 3TB ARL n.i 378 Miu ` \ uc v. 376 ,yjy emir 372 R 371x u3770r. 36B 308 4Rt—WLK. as FLAAJWOO OiLVO. ,v.uc 94 uu u. _ BB uoo u' Am]r. 100 Rw u. - 102 k 703 104 yA,y uu v. l05 HOT-AP _ +uu w low ew-0 SWE 1's10' V_ N1 TME COY OF FA JI SPOM O011MT OF IeVE11300E, STATE OF CAlA'Y,+RfIfA SFIET 21 OF 76 SH= TRACT MAP NO. 3 i 848- 1 am ,Fero A SUIWNSION OF A FGWMN OF SECTION se. _ TOWASNU S SW M RAMIE s EAST. &M y A'h MSA CoaumzuaG, INC PHHRUARY - 20q6 b r�➢FOR 100X eea NOTei. Y]N La NDTEA EAIMM f NOTEF AM rarer MAF 1 r•,yf�.• F PM FOIeOAR'r , , w•ruL eB un v. 50 84 " uje0.. Y' uw c. seE err a �' / ,y� al 50 69 68 �� ,i' �", / / / �jr 304 --_ —_— --- _—_ / a3 7m _ "LIT.YLWWAPA LANK ----t-= ----- / . / ae3 / 82 i 91 / �4 75 _ .r76v. m77 _ u 78 ' can v a.ri v. uo / �8� 1 / _CAM m I / LOT•Ar _ aims cum oArA w aArA WIT,AP J / I''p'.., I ��Y 1 Xa o¢a uw imix vicom xz r:w•a inm, ream.. S � �' sea ua 1 r 1 '' r..•. 375 IT ,f0' IV SGV£ 1'-IU F'> r - 7 lilt Q; OiFffii!"_�/iTe�ILJ [•P1i�arYbi%T M1ibilJlr3la �� fll)flJid'dfi rffFy--j 4 , ?� n lNOR, lE'u iTF1,Jit. iY i LIIIt�'4:J.Q,:c•,!i RYA++, WIN VIA 'Irl [:IiCC..:YiC1Y^.il.adi^+%Y - 0�� nrW lyI r-c.�r,.m..•,�•.nn.di.,Y iu©mtsiirm�l,?i [:.i• :fair•_•i.ro.d�ra iail:[m'aa�.iIRIANS iyjr�llR. r FNi[•Pr~J! I1UFM 6% Cf''Qa'^•]S�f.i{i'[ln••S,S".ili ��\(�IIR.. [[+�.y)iihAl��nib Liihi[T�.••,,i�YYI.I,Y�i:i_+:S lf[ nri Y 101fJf:iffa _ [+'li•en•a!'+'a!'Slli`.+'" XOM 110 at Jif][J �' �'• �. i� l+r1i=A'lJi:[*'.1f:sifCT'S'a ll[. 110'VEMp iJiiT .li[�'1S>q fail] N.cr..,:'i1y Y♦uFV:li [?±.i r F^Jf[I^•.i X;i'_4'S 1YlG.•L i�f/Iflld••�. e � i IIII 147 ' '�# may. P'1LT.Sva•.M�142:•a ps.L In aril,Ua rv[rl•' Kno KUAIII,Vam"I,AMR XI i.jkMMI a �7nrl.ii�l'h'..� SHEL7 23 OF 25 SK EM 01 PK COY OF PALM SPOMM COUNTY OF RNEIM E, STATI Of MWIDIISM TRACT MAP NO, 3 t 848- t LIFE SHEET T 16 a5 MOW A F A PQTWN OF SCON 275 A 259 254 TOVM5W S SOU RWE < EAST, SLE T>•2C0 241 242 i24i1EE 2239 245 ri4t z372ae fi MSA C0NSULTING, INC FEMUARY - 20M 235 293 234 277 , jH 275 G#1R DATA 229\ s IAr'AW 2]9 X ra mx+ vua mra vwnrt �s 230�� 280 fl 281 LOT•Al.� \ i + 262 cu y — zea 2e4 2ae 2a7 z32r (� n FAUADW BLVD. LOT L 330+ + vw<.A.nan ' 2e5 2e9 LTt DATA 3311 ' w, INCH inolx 60T Wr 290 <3321 i�6 R� Wx9 w�A t+ 291 3931 �� cy'... 202 3341 + 293 336{ 1]{. 28S 335,51. 2B5 299 297 W } 329 29e OIL 328 \ ��'W r 299 327 fX rrsq -3DO 328 3131 i!89 2 FM MMDNU i NDTfi. 326 YYY NOQiBR IIDTW 9AimR NOTES a r.• 902 v 1w mr ar .v 4 AND 21OAN YAP \ Mi f011 i0lWARf 324 •c 3[F.4 10 9fJLE 1'�rtd 323 ^322 321 320 312 31a 3f7 315 315 31e1313 111. 12 811 3f0 30B 308 30] 305 305 304BEE r FA �If a A "la PARCEL TRACT MAP NO* 31848- 1 RYWMDER 17 • I r2006 00�00 LOT Ar BELOW [��i1RLFYi:Fail`ai.6Y [+111¢h�r r :litiSlYlir'I _ [a[i iwekiuwai''•s r.ir•.0 m!R'rl:rYlflv:ii_�jljitQJ r,l[�1•neln�eo r-Yir.'Yi aY - mEs[iF--i�iEs-..i [eTli i@rJ[�Lv'4!_'Yfe 1 [i[liu11Y�i'h!�_Yi'�L F1i4 kl[ilrv'L!P_Yi4r1 Rf[i.pY'-YlLv.YirpYiiI[Y [-aiY :Y!'_v^S!„Yi•-ill r:.l i 01q 1 i::v..i i_L.1 iIIil C - v�.:.` l+tYiYkuLOT'AO I SL [+,[�Ya•>-viler+slur•s!x�l [":'a>r:r Y.YiYer.sin•.IYir.el � lr1LT:YS.[;u.--a uularFr-�leE:�� a JCiV<S:1ir-[fv� Ir1R4:YFrF�Y..r•a 1r1C4�-1•➢[iL[� [a[rrrxL-mac rr� [YHCiIh'i••ii['\.i ' lYllf[:l:YFfr�[IFfI� 1.-11a:CYFY aQlir _ IP•[LTk•k•i�IP.a.i nl[o••..n aar•, 7� w TIE MY OF PALM SrIE IM CM" of laYdR3M STATE OF ••,,,1E,5; SHEET 25 DF 25 SHEEM TRACT MAP N0. 31848- 1 K-06 A SIMONMVN OF A PORTM OF SECWN J7• TORTMW J SWM WOE < EAST, &". ® MSA Coxsvtmru Imr- FEBRUARY - zaob HOLDOI O M LOT T /��— �uwrrr. Y N ` �.AP. tl ruL r MYi DATA iEp ll4 Ip ttl R 9 N8� IDYIX SVillr �y UL IR \\ NEKADDER PARCEL AR DETAL W-� W DATA Alin M xa owE inlnx LOi•Ar r•.m n MM MUDER PARCEL 2� S1 Y LS AH MMT■TOR Ehn*EWA NOTEk �=1116 EAAO NOM ro AND VIMN MAP SO EIGT a POR EONOMY DEmalio"s 4 r.Y 1M W NY �q rn�! T1"� ATTACHMENT SUBDIVISION IMPROVEMENT AGREEMENT i SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and SUNCAL PSV, LLC, A DELAWARE LIMITED LIABILITY COMPANY I TABLE OF CONTENTS 1. Construction Obligations. .............. ............ .......................... ............. ....2 1.1 Works of Improvement................................... ................... ................. 2 1.2 Other Obligations Referenced in Conditions of ' Tentative Map Approval.............. . ....... ................................ ...... ... 2 i 1.2a Deferred or Assigned Obligation.... .. ................... ................................. . 2 1.3 Intent of Plans....................................... ..... ............. ............. ...... 3 i 1.4 Survey Monuments................ .................... .............................................. 3 1.5 Performance of Work..................... ..................................... ................ .... 4 1.6 Changes in the Work ........................ ... ....................... ........... ........ 4 1.7 Defective Work ................ ........................ ................................................ 4 1.8 No Warranty by City........... ............................ ...................:...........4 1.9 Authority of the City Engineer..... ....................................................... ......4 1.10 Documents Available at the Site................................................................ 5 1,11 Inspection ................... .. ........... .................... .. ..................... ............. 5 1.12 Compliance with Law........... ................................................................ 5 1.13 Suspension of Work................................. .................. .............................. 5 1.14 Final Acceptance of Works of Improvement ............................................. 5 2. Time for Performance.................. .......... ............................................. ......... 6 2.1 Commencement and Completion Dates.................................................... 5 2.2 Phasing Requirements.................................................. ...................... 6 2.3 Force Majeure............................... .......... ........................ ................. 6 2.4 Continuous Work................................................. ........... ......... ..... 7 2.5 Reversion to Acreage ............. .......... ......... ........................................... 7 2.6 Time of the Essence......... ..................................... ............................ 7 3. Labor........................ ............................................................. ...................... 7 3ALabor Standards ........................................................................................ 7 3.2 Nondiscrimination ......... ... ............................................................... 7 3.3 Licensed Contractors........ ............ .......... ........................... ............. 7 3.4 Workers' Compensation .. ......... ........ .. ............................... .......... 8 4. Security .......................................... ..................................... ........ 8 4.1 Required Security ..................... ................ ............... ...................... 8 42 Form of Security Instruments...................... .............................................. 8 4.3 Subdivider's Liability ....................................... ............................ ....... 9 4.4 Letters of Credit.................................................................... ....-:.......... 9 4.5 Release of Security Instruments.............................................................. 10 " n ' n " : : � 5. Cost of Construction and Provision DfInspection Se[Vice .,.......-----^--..... ..,....----.....----..... 1O 61 Subdivider Responsible for All Related Costs of Construction............. ......... ............................... ................. . ................ 10 5,2 Payment tu City for Cost of Related Inspection and Engineering Services, . . ............................................................... 11 5, AcceptanceOf Offers of Dedication .................................................................... 11 7. Warranty of Work................................................................................................ 11 8. Default...................... ......................................................................................... 12 8.1 Remedies Not Exclusive.......................................................................... 12 8.2 City Right hJ Perform Work............ ... . . . ............................................... 12 8.3 AdtoMAev's Fees and Costs................... ................................................... 12 Q. Indemnity...................................... .................................................... ................ 12 10 General Provisions ...................................... ................... .................................. 13 10.1 Successors and Assigns.......................................................................... 13 10.2 No Third Party Beneficiaries.................................................................... 13 103 Entire Agreement; Waivers and Amendments......................................... 13 11, Corporate Authority ................... ........................................................................ 13 . � � SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement') is entered into this day of , 2006, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and SUNCAL PSV, LLC, a Delaware Limited Liability Company, (Subdivider"), RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 31848-1 located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on Exhibit "A". The map contains conditions of approval for the development of the Property (the "Conditions') as described on Exhibit "B". B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs Lots "A" through "C" for street and public utility purposes; easements for public utility and sewer purposes with right of ingress and egress for service and emergency vehicles and personnel over Lots "D" through "T" (private streets), as shown on the map; easements for public utility and sewer purposes (shown as "10' PUE") along and adjacent to Lots "D" through "T" (private streets), as shown on the map; easements for sidewalk, public utility, and sewer purposes over Lots "U" through '7' and Lots "AA" through "AH", as shown on the map; easements for storm drain purposes over Lots "X", "AA", "Al"', and "AX, as shown on the map; the 24 feet wide easements for public utility and sewer purposes as shown on the map; and City desires to accept the public dedication as shown on the final map, 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. Page 1 of 13 I ' I. 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 $17,385,000.00. i 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property, except as indicated in Section 1.2(a) herein below. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.2(a) Deferred or Assigned Obligation. Subdivider has requested (1) deferral, or (2) transfer and assignment to City, Subdivider's obligation to construct a 12 feet wide combination sidewalk and bicycle path along the northerly frontage of the Sunrise Parkway within Tract Map No. 31848-1, as required by Engineering Condition #86 of the Tentative Map, as shown on Exhibit "B", (hereafter "Obligation"). Subdivider's request is based on the lack of a sufficiently wide parkway in which to construct the required improvement and install adequate landscaping. City has agreed to either (1) defer the Obligation, or (2) accept assignment of the Obligation, to be performed by the City in the future. Construction of the deferred Obligation by Sudivider, or construction of the assigned Obligation by City, shall be completed at such time as the City and the Riverside County Flood Control and Water Conservation District (RCFC) have entered into a Joint Use and Cooperative Agreement, or other legally acceptable agreement, for the development of recreational amenities and improvements for use by the general public along RCFC flood control levees within RCFC easements and rights-of-way in the City. Concurrently with the execution of this Agreement, a Security Instrument securing Subdivider's faithful performance of the deferred Obligation, (hereafter "Obligation Security"), in the amount of $698,544,00, equal to 100% of the City's estimated future cost to construct the Obligation, shall be submitted. Subdivider hereby agrees to initiate efforts with RCFC on preparation of a draft Joint Use and Cooperative Agreement by which the Obligation may be constructed by Subdivider or City. Subdivider shall make every reasonable effort to coordinate with RCFC such that construction of the deferred Obligation by Subdivider is completed within five (5) years, (hereafter"Deferred Deadline"). In the event Subdivider has not completed construction of the deferred Obligation by the Deferred Deadline, Subdivider hereby agrees to deposit with the City the sum of $698,544.00 (hereafter "Deposit"), and City agrees to release and return to Subdivider Page 2 of 13 the Obligation Security. As a condition of City's acceptance of the assigned Obligation from Subdivider, Subdivider acknowledges City's right to construct the assigned Obligation at its discretion, not to exceed ten (10) years after the date of this Agreement, and hereby waives any rights Subdivider may have pursuant to law with regard to the City's timely expenditure of the Deposit. City agrees to construct the assigned Obligation within ten (10) years of the date of this Agreement, unless such time is extended upon mutual agreement by the Subdivider and City. If the City determines that construction of the assigned Obligation is not feasible along the RCFC flood control levee, the City may use the Deposit for construction of public improvements of any kind that City determines, in its sole discretion, will benefit the residents within Tract Map No. 31848-1. If the assigned Obligation, or an alternative public improvement determined by the City, has not been completed by the City within ten (10) years of the date of this Agreement, or any agreed extension of time thereof, the City shall return the Deposit to the Home Owners Association or other non profit mutual benefit corporation established for the residents within Tract Map No. 31848-1, for their use as they may determine. No interest shall accrue on the Deposit otherwise due. In the event City is unable to return the Deposit to a Home Owners Association or other non profit mutual benefit corporation established for the residents within Tract Map No. 31848-1, or none has been established or exists, City shall have the right to retain the Deposit, which shall be used by City at its discretion. In acknowledgement of Subdivider's waiver of rights, if any, with regard to the Deposit required herein, Subdivider has initialed its acceptance of the conditions of the deferred or assigned Obligation hereafter: SUNCAL PSV, LLC, 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer, The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Page 3 of 13 Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). i 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement i 1.6 Changes in the Work, The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or i deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the i purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. i 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1,10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. Page 4 of 13 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. ' 1.12 Compliance With Law. In addition to the express provisions of this i Agreement and the Plans, Subdivider shall cause construction of the Works of i Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if ' necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Page 5 of 13 No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. ' 2.1 Commencement and Completion Dates. Subject to Section 22 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of i Improvement thirty (30) days following City's approval of the Plans ("Commencement ' Date"); and (ii) complete or cause to be completed all of the Works of Improvement two ' 2 ears after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with ' the development of the Property have not been completed to his satisfaction. ' 2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a Page 6 of 13 right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreaqe. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499,16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 32 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Page 7 of 13 Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4A Reauired Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $17,385,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $8,692,500.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $60,000.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $2,607.750.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments, All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: Page 8 of 13 10 1� I I I (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an Insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City (d) General Requirements for all Security Instruments- (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance Page 9 of 13 under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit- (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to i realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: ' (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; i (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument,- and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims i have been timely filed, City shall hold the Labor and Materials Security Instrument until Page 10 of 13 i i such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law- (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5A Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 6.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make Page 11 of 13 ' such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default, 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity- Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Page 12 of 13 Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority-The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) Page 13 of 13 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By James Thompson, City Clerk David H. Ready, City Manager STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: David Barakian, City Engineer SUBDIVIDER- SUNCAL PSV, LLC, a Delaware Limited Liability Company Check one: _Individual_Partnership Corporation"d Company "Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all a ers, a thorized agents must sign this Agreement. pD By: ` By: Signature (notarized) Signature (notarized) Name: Br-uCe V. Coo Y, Name: Title: GF-rle.rot Counsc.) Title: (For Corporations, this document must be signed For Corporations, this document must be signed in in the above space by one of the following: the above space by one of the following. Chairman of the Board, President or any Vice Secretary, Chief Financial Officer or any Assistant President) Treasurer) Mailing Address: SunCal Companies 74-130 Country Club Drive, Suite 101 Palm Desert, CA 92260 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 13, 2006 before me, Strsan E. Morales/Notary Plrblic NANI E,11 I'r.ri Or Or F ICLIZ personally appeared Bruce V. Cook NAME Or SIGNER(S) ® Personally known to me - or- ❑ 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 susAN E. MORALES executed the same in his/her/their authorized capacity(ies), Commission-# 1132049 and that by his/her/their signature(s) on the instrument the t aMyComm, NorayRubnccamornl° person(s), or the entity upon behalf of which the person(s) orange County ExpiresDec25,2009 acted, executed the instrument. WITNESS my hand and official seal. i (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relyinb on the document and could prevent fraudulent reattaclunent of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ MDIVIDUAL/OWNER ❑ CORPORATE OFFICER Subdivision ,lm rovement A reenaent TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED 13 ❑ GENERAL NUMBER OF PAGES ❑ MANAGING MEMBER ® GENERAL COUNSEL 11113106 I DATE OF DOCUMENT ❑ OTHER: I r SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Sun Cal PSV, LLC I EXHIBIT "A" TRACT MAP 31848-1 LEGAL DESCRIPTION Tract Map No. 31848-1, as recorded in Map Book , Pages through inclusive, records of Riverside County, California. c �lr"�,1 raj I I EXHIBIT "B" TENTATIVE TRACT MAP 31848-1 CONDITIONS OF APPROVAL I I i I i I I I i i i Rusolution 20920 Page 8 I EXHIBIT B I Case No. 5.0982-GPA-PD-290, Tentative Tract Map 31848 i Palm Springs Village, McComic Consolidated /TransWest Housing I May 5, 2004 (Rev 5/20/04) I CONDITIONS OF APPROVAL i Before final acceptance of the project, all conditions listed below shall be completed to the i satisfaction of the City Engineer, the Director of Planning and Zoning, the Chief of Police, i the Fire Chief or their designee, depending on which department recommended the I condition. i Any agreements, easements or covenants required to be entered into, shall be in a form approved by the City Attorney. i PROJECT SPECIFIC CONDITIONS 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 5.0982-PD-290, TTM 31848. 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 Citys associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's CQ ✓1 Resolution 20920 Page 9 sole expense. The PS Village HOA shall be responsible for the maintenance of both sides of the Sunrise Parkway. This condition shall be included in the recorded ' covenant agreement for the property if required by the City, and shall be required in the CC&Rs. 4. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of$1,314.00 plus an administrative fee of$50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. 5. Prior to issuance of a grading permit, Fringe Toed Lizard Mitigation fees shall be submitted to CVAG. 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 112% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single- family units exempt. Should the public an 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 o recorded agreement to maintain the art work and protect the public rights of access and viewing. j 7. 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 I 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. Dedication of the I 7,55-acre park site shall be made prior to issuance of the first grading permits. Environmental Assessment I 8. The mitigation measures of the environmental assessment shall apply and shall be incorporated into the final plans, prior to issuance of permits. The applicant has submitted a signed statement agreeing to the mitigation measures. I i CC&R's i I 9. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by ' the City, shall not be amended without City approval, and shall require ' maintenance of all property in a good condition and in accordance with all ordinances. Resolution 20920 Page 10 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2500, for the review of the CC&R's by the City Attorney. A $250 Fling fee, or other fee in effect at the time of submission of the CC&Rs, shall also be paid to the City Planning Department for administrative review purposes. 11. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, aircraft noise and the widening of Sunrise Parkway in the future. Said disclosure shall inform perspective buyers about traffic, an active recreation park-site and lighted playing fields, noise due to Sunrise Parkway, Indian Canyon Drive, San Rafael Drive and the Palm Springs International Airport, aircraft, and other activities which may occur in this area. a. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of the parcel. ' b. These disclosures shall also be incorporated into a covenant to be recorded on the title of each residential parcel. Cultural Resources i r 12. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and ' Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. I ' a. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. b_ 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 i 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 or Planning and Zoning and after the consultation the Director shall have the authority to hall 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. C. Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Resolution 20920 Pagc l t Final Design 13. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioners Office prior to submittal. 14. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, landscape plans, irrigation i plans, wall and fence plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council i approval of the preliminary planned development district. i 15. An exterior lighting plan for the clubhouse parking lot, in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be I submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's out 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. 16. Two story units shall be not be located within 200' of the on the project perimeter, with the exception that they may be on the second row of lots south of Sunrise Parkway. 17_ Project property development standards: Single Family standards— Building Height: 18'—24' Front Setback: Residence 5' Side loaded garage 5' Front loaded garage 20' Side setback: 5' (with some zero lot line units) Rear setback: 15' Multi-Family Parcels "A" and "B" R-3 zone property development standards Exceptions: 45% open space required Building height: 25' 18. The Design Review Committee makes the following design recommendations: a. Provide a view fence to the golf course on Indian Avenue. i I Resolution 20920 i Page 12 i i b. Meander walls on Indian Avenue and adjacent to all other public i roadways. This shall be reviewed by the Design Review Committee as part of Final PD plans. i G. Add trees to both sides of the sidewalks, where sidewalks meander, except where conflicts with underground utilities would result. ' d. Sidewalks and bikeways should be provided on both sides of Sunrise Parkway. I e. Add additional trees to the median and landscape area at the Caballeros Road entry. f. Landscape shall be desert landscape, lush but efficient, with low watering ' requirements. Limit turf to active recreation areas only. Pull turf away from i streets, sidewalks and bikeways where possible. g. Architecture must be high quality and well designed. The proposed project architecture is not approved. Restudy the architecture, provide a variety of architectural styles and products and consider the climate and i I location of the project. i h. Include decorative paving, in all driveway areas in multi-family parcels, in order to meet the overall 65% minimum open space requirement, or otherwise demonstrate compliance with the minimum 65% requirement. Minimum open space of 45% is required for Parcels"A"and "B". I 19. The lots which back to existing residences on Via San Dimas, shall be rede- signed and widened to match the existing lot widths of the subdivision located to the south. GENERAL CONDITIONS/CODE REQUIREMENTS i 20. The project is subject to the City of Palm Springs Water Efficient LandscapeOrdinance. 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. 21. 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. 22. 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. 23. 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. I I � . I I I Resolution 20920 Page 13 I 24. All roof mounted mechanical equipment shall be screened from all possible ' I vantage points both existing and future per Section 9303.00 of the Zoning I Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). 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. 25. 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. 26. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 27. 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. 28. The street address numbering/lettering shall not exceed eight inches in height. 29. 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. 30. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 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 interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened, Parking Design 32, Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5-foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8-foot walkway on the right side and shall be designated as "van accessible". 33_ 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 f�1f�tiC I i i Resolution 20920 Page 14 given to potential difficulties with the handicapped accessibility to the building ' due to the future grading plans for the property. I ' 34_ Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. i 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. i 36, Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. i 3T 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 maybe necessary I 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 i 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. i i 40. Concrete walks with a minimum width of two (2) feet shall be installed I adjacent to end parking spaces or end spaces shall be increased to eleven (11) i feet wide. 41. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. Waste Disposal i 42. Trash cans shall be screened from view and kept within fifty (50) feet of the street. POLICE DEPARTMENT 43. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 44. Prior to any construction on-site, all appropriate permits must be secured. FIRE 45. Street Widths: Sections B-B, private street"A" and Section C-C, Avenida Caballeros are at a minimum width where no parking will be allowed. C) -� Resolution 20920 Pago 15 46. Turnarounds: The terminus of private street"A" into the Clubhouse area i Will require an approved turnaround. 47. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 48. Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) 49. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) i 50. Residential fire hydrants: Residential fire hydrants shall be installed in j accordance with DWA or Mission Springs Water District specifications and i standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants. The Fire Chief or designee may be allowed to consider subsequent information regarding the five-minute response time and change limits where fire i sprinklers are required. i j 51. Mandatory Fire Sprinklers: Project beyond five-minute response time from the closest fire station and therefore requires an automatic Fire Sprinkler System. The developer shall fund or prepare, at the discretion of the Fire Chief, a 5-minute response study to re-evaluate response times to the subject property. ' ENGINEERING STREETS 52. Any improvements within the public right-of-way require a City of Palm Springs i Encroachment Permit. 53. Coordinate with Sunline Transit Agency regarding required public transit facilities on or adjacent to the development. Any required public transit facilities, i including bus stops, tum-outs, bus shelters and furniture, or other miscellaneous public transit improvements shall be furnished, constructed and installed in conjunction with construction of the associated street improvements. i 54. Submit street improvement plans for all proposed streets (public and j private) to the Engineering Division. The plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to issuance of j any building permits. I 55. All required off-site public street improvements (San Rafael Drive, Indian Canyon Drive, Sunrise Parkway, Indian Canyon Drive/Sunrise Parkway Traffic l Signal, and Avenida Caballeros) shall be constructed prior to development that i encompasses over 50% of the entire project, or equivalent to completion of , t construction prior to issuance of the 619th certificate of occupancy (50% of 1,237 building permits), without regard to approved phasing plans for development or as may be required adjacent to a Final Map or Maps (if the development is phased). � Ii-1rt'1A"� Resolution 20920 Page 16 INDIAN CANYON DRIVE 56_ 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 southeast corner of the intersection of Indian Canyon Drive and Sunrise Parkway in accordance with City of Palm Springs Standard Drawing No. 105. 57. Construct an 8-inch curb and gutter, 38 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 58. Construct a 25 feet radius curb return and spandrel at each side of the intersection of Indian Canyon Drive and the West Entrance in accordance with City of Palm Springs Standard Drawing No. 206. B. Construct an 8 feet wide cross gutter at the intersection of Indian Canyon Drive and the West Entrance in accordance with City of Palm Springs Standard Drawing No. 200 and 206. C. Construct Type A curb ramps at each side of the intersection of Indian Canyon Drive and the West Entrance, in accordance with City of Palm ' Springs Standard Drawing No. 212. ❑. The West Entrance shall be restricted to right-turn ingress and egress only. The ingress and egress lanes shall have a 20 feet minimum width. Final configuration of the West Entrance shall be subject to review and approval of the City Engineer and Fire Marshall. E. Access to the Golf Maintenance area, or any facility proposed within the Golf Maintenance area indicated on the revised site plan for Tentative Tract Map 31848, shall be prohibited from Indian Canyon Drive, unless additional improvements to Indian Canyon Drive are provided, acceptable to the City Engineer, that restricts access into the Golf Maintenance area to right-turn ingress and egress only. If access is proposed into the Golf Maintenance area from Indian Canyon Drive, it shall be limited to the southerly portion of the site, and be subject to the review and approval of the City Engineer, and may require extension of the landscaped median south of the south property line of the Golf Maintenance area, including roadway widening and, if necessary, right-of-way acquisition as required to provide required improvements to eliminate left-turn ingress and egress into the Golf Maintenance area. Access Into the Golf Maintenance area shall be provided from the West Entrance, or internally within the development, to the greatest extent possible. 59_ Construct a 35 feet radius curb return and spandrel at the northeast and ' southeast corners of the intersection of Indian Canyon Drive and Sunrise Parkway in accordance with City of palm Springs Standard Drawing No. 206. 60. Construct an 8 feet wide cross gutter at the intersection of Indian Canyon Drive and Sunrise Parkway with a flow line parallel with and 38 feet east of the p Resalut on 20920 Page 17 centerline of Indian Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ' 61. Install a nuisance water drainage system to intercept storm water runoff at the intersection of Indian Canyon Drive and Sunrise Parkway to minimize nuisance water within the cross gutter, in a manner acceptable to the City Engineer. 62. Construct a meandering, 12 feet wide combination sidewalk and bicycle path along the entire frontage. The sidewalk and bicycle path shall be meandering, as approved by the Director of Planning and Zoning, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 63. Construct Type A curb ramps at the northeast and southeast corners of the intersection of Indian Canyon Drive and Sunrise Parkway, in accordance with City of Palm Springs Standard Drawing No. 212. 64_ Construct a minimum pavement section of 5 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 clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ' 65. Construct a 14-feet wide curbed and landscaped median island along the entire frontage_ Provide left turn pockets at Corazon Avenue and Tramview Road. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the CalTrans Highway Design Manual, as approved by the City Engineer. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning &zoning. 66. Construct additional street improvements north of the intersection with the Sunrise Parkway as necessary to provide an additional south bound left-turn lane with a 225 feet long left-turn pocket and associated tapering and widening, as required and approved by the City Engineer. Acquire additional right-of-way for the City of Palm Springs, if necessary, to facilitate the intersection widening improvements. 67. The proposal for a traffic circle or roundabout at the Indian Canyon Drive and Sunrise Parkway intersection, as indicated on Tentative Tract Map 31848, is not approved, SAN RAFAEL DRIVE (WEST OF INDIAN CANYON DRIVE) 68. Construct street improvements (asphalt pavement widening, traffic' striping and related improvements) as necessary to widen the west leg of the San Rafael ' Drive and Indian Canyon Drive intersection, in a manner that improves intersection capacity acceptable to the City Engineer. SAN RAFAEL DRIVE (EAST OF INDIAN CANYON DRIVE) Resolution 20920 Page 18 ' 69. Construct an 8-inch curb and gutter. 32 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 70. Construct a 12 feet wide combination sidewalk and bicycle path along the entire frontage. The sidewalk and bicycle path shall be meandering, as approved by the Director of Planning and ,Zoning, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 71. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal,from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval_ AVENIDA CABALLEROS (PUBLIC) 71A. An application shall be submitted for the vacation of existing public right-of-way provided for the construction of a "future street" extending westerly of Avenida Caballeros located approximately 560 feet north of San Rafael Drive, and existing public right-of-way provided for the future westerly extension of Via San Dimas. Excess right-of-way shall be vacated to provide for a right-of-way line 30 feet west of the existing centerline of Avenida Caballeros. 71B. The west side of Avenida Caballeros shall be de-annexed from Parkway Maintenance District 98 and maintained by the developer's HOA. The developer shall pay fees to the City necessary to revise the Engineer's report to accomplish this de-annexation. 1_ Remove the existing curb ramps, curb returns, spandrels, cross-gutters, and asphalt pavement constructed for a "future street" extending westerly of Avenida Caballeros located approximately 560 feet north of San Rafael Drive, and constructed for the future westerly extension of Via San Dimas, 2. Construct an 8 inch curb and gutter, 20 feet west of centerline at the location of a "future street" extending westerly of Avenida Caballeros located approximately 560 feet north of San Rafael Drive, and located at the westerly extension of Via San Dimas, in accordance with City of Palm Springs Standard Drawing No. 200. ' 3. Construct a 5 feet wide sidewalk behind the curb at the location of a "future street' extending westerly of Avenida Caballeros located approximately 560 feet north of San Rafael Drive, and located at the westerly extension of Via San Dimas in accordance with City of Palm•Springs Standard Drawing No. 210. Resolution 20920 Page 19 4. Remove the existing barricade and make appropriate repairs and improvements necessary to construct and extend Avenida Caballeros onto the proposed ' development. SUNRISE PARKWAY 76. The following recommendations regarding the construction of the Sunrise Parkway are, in some cases, inconsistent with the proposed improvements identified on Tentative Tract Map 31848, specifically as indicated in Section D-D "Sunrise Parkway" on Sheet 1. The Tentative Tract Map details regarding the Sunrise Parkway shall be considered as modified by the recommendations specified by these conditions of approval. The Sunrise Parkway shall be constructed as a Secondary Thoroughfare with a special street section consisting of 4 travel lanes and a raised, landscaped median. 77. The alignment shall be revised, or easements shall be reserved on the final map, such that minimum safe stopping site distance, in accordance with the California Highway Design Manual, is achieved for a 45 mile per hour design speed throughout those segments of the Sunrise Parkway with a proposed centerline radius of 300 feet and 500 feet. Measures to require minimum safe stopping distance shall be submitted to the City Engineer for review and approval prior to submittal of street improvement plans for the Sunrise Parkway, and/or the first Final Map prepared within the development. 78, Dedicate 50 feet to provide the ultimate half street right-of-way width of 50 feet , along that portion extending from the easterly property line and through the right- of-way transition from Sunrise Way to the Sunrise Parkway. 79. Acquire additional right-of-way east of the east property line (on off-site property) as necessary to provide a full 100 feet right-of-way for the Sunrise Parkway, from the end of Sunrise Way and extending west of the east property line. 80. Dedicate 100 feet to provide the ultimate right-of-way width of 100 feet along the entire frontage, from the easterly property line to Indian Canyon Drive, 81. Construct an 8 inch curb and gutter, 32 feet each side of centerline along the entire frontage, from Indian Canyon Drive to the existing end of Sunrise Way, in accordance with City of Palm Springs Standard Drawing No. 200, 82. Construct intersection widening and curb tapers as necessary to provide separate turning lanes (east bound right-turn and west bound left-turn lanes) into the North Entrance and East Entrance, as approved by the City Engineer. 83. Construct an appropriate transition with curb tapers as necessary to transition from the northerly end of existing improvements for Sunrise Way to the Sunrise Parkway, as approved by the City Engineer. A proposal to transition from Sunrise Way to the Sunrise Parkway shall be submitted to the City Engineer for review and approval prior to submittal of street improvement plans for the Sunrise Parkway, and/or the first Final Map prepared within the development. ' 84. Construct a 25 feet radius curb return and spandrel at each side of the intersection of the Sunrise Parkway and the North Entrance and East Entrance in accordance with City of Palm Springs Standard drawing No. 206. Rcsolution 20920 Page 20 1 85. Construct an 8 feet wide cross gutter at the intersection of the Sunrise Parkway and the North Entrance and East Entrance in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 86. Construct a 12 feet wide combination sidewalk and bicycle path along the both sides of the entire frontage. The sidewalk and bicycle path shall be located adjacent to curb or meandering, as approved by the Director of Planning and ,Zoning, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 87. Construct Type A curb ramps at each side of the intersection of the Sunrise Parkway and the North Entrance and East Entrance, in accordance with City of Palm Springs Standard Drawing No. 212, 88. Construct a 14-feet wide curbed and landscaped median island along the entire frontage. Provide left turn pockets at the North and East Entrances. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning &Zoning. 89. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to edge of proposed gutter (full width) along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 90. Provide adequate measures for drainage of surface storm water runoff from the Sunrise Parkway into adjacent landscaped parkways. Intercept and convey runoff through catch basins and minor storm drain systems to detention basins within the landscaped parkways in order to accommodate 10-year storm water runoff, or provide other measures acceptable to the City Engineer to accommodate surface runoff along the Sunrise Parkway. AVENIDA CABALLEROS (PRIVATE) 91. Dedicate a prtvate street easement 61 and 66 feet wide as shown on Tentative Tract Map 31848, and an easement to the City of Palm Springs for service and emergency vehicles and personnel with right of ingress and egress over the private street. 92. Construct a wedge curb, meeting City Engineer approval, 30 feet on both sides of centerline along the entire frontage, with 25 feet radius curb returns and ' spandrels (where required) at intersecting on-site streets in accordance with'City of Palm Springs Standard Drawing No, 206. 93. Construct 6 feet wide cross-gutters at all intersections (where required) in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Resolution 20920 Page 21 94. Construct a 6 feel wide meandering sidewalk along the east side of the entire ' frontage from the existing northerly end of Avenida Caballeros to Street "G" in accordance with City of Palm Springs Standard Drawing No. 210. 95_ Construct a 12-feet wide curbed and landscaped median island at various locations as shown on Tentative Tract Map 31848. 96. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ON-SITE (PRIVATE) STREET°A" 97. Dedicate a private street easement 51 feet wide as shown on Tentative Tract Map 31848, and an easement to the City of Palm Springs for service and emergency vehicles and personnel with right of ingress and egress over the private street. 98. Dedicate a 10 feet wide public utility easement along each side of the private street, 99. Construct a wedge curb, meeting City Engineer approval, 25 feet on both sides of centerline along the entire frontage, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with city of Palm Springs Standard Drawing No. 206, 100. Construct 6 feet wide cross-gutters at all intersections (where required) with a flow line parallel with and 25 feet from the centerline of the intersecting street in accordance with City of Palm Springs Standard Drawing No_ 200 and 206. 101. Construct a 6 feet wide sidewalk along both sides of Street "A" from the Sunrise parkway to the gated entry in accordance with City of Palm Springs Standard Drawing No. 210. 102. Construct a 10-feet vide curbed and landscaped median island at various locations as shown on Tentative Tract Map 31848, I 103. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered ' Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ON-SITE (PRIVATE) STREETS "B"THRU "U" Resolutioa 20920 Page 22 ' 104. Dedicate a private street easement 37 feet wide, and an easement to the City of Palm Springs for service and emergency vehicles and personnel with right of ingress and egress over the private streets 105. Dedicate a 10 feet wide public utility easement along each side of the private streets. 106. Construct a wedge curb, meeting City Engineer approval, 18 feet on both sides of centerline along the entire frontage, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 206. 107. Construct 6 feet wide crass-gutters at all intersections (where required) with a flow line parallel with and 18 feet from the centerline of the intersecting street in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 108. All on-site street "knuckles" and cul-de-sac's shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101 and 104. 109. All on-site streets shall have a minimum centerline radius of 130 feet. 110. Construct a minimum pavement section of 2% inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at g5°/u relative compaction, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER 111. Connect all sanitary facilities to the City sewer system. 112. If necessary to provide public sewer service to the easterly portion of the subject property, construct an extension of the existing 15-inch public sewer main within the approved alignment for the Sunrise Parkway, extending to the required point of connection. 113. Construct an 8-inch sewer main within all on-site private streets and connect to the public sewer main as required to the existing public sewer main in Avenida Caballeros, San Rafael Drive or Sunrise Way. 114. Dedicate an easement across all private streets , for sewer purposes to the City of Palm Srings. 115. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of sewer construction permits. Resolution 20920 Page 23 116. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of the ' sewer line(s). GRADING 117. Submit a Rough Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Building Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Building Department with current and valid Certificate(s) of Completion from AQMD for staff, that have completed the required training. For information an 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 Building ' Department prior to approval of the Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. The first submittal of the Grading Plan shall include the fallowing information' Copy of signed Conditions of Approval from Planning Department; Copy of Site Plan stamped approved and signed by the Planning Department; Copy of current Title Report; Copy of Soils Report; and a copy of the associated Hydrology Study/Report. 118. Drainage swales 3 feet wide and 6 inches deep shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the adjacent streets. 119. A National Pollutant Discharge Elimination System (NPDES) storm water permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development, A copy of the executed permit shall be provided to the City Engineer prior to approval of the Grading Plan. 120 to accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash bond of two thousand dollars ($2,000.00) per acre shall be posted with the City for dust control purposes associated with grading activities on the property_ 121. 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 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. Resoiudon 20920 Page 24 ' 122. Contact the Building Department to get information regarding the preparation of the PM-10 (dust control) plan. 123. 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 124. Accept all storm water runoff passing through and falling onto the site and conduct all storm water runoff to approved drainage structures as described in the Preliminary Hydrology Report for the "Palm Springs Village Tract Map No, 31848", prepared by Mainiero, Smith and Associates, originally dated October 16, 2003- The Hydrology Report shall be finalized to include catch basin sizing, storm drainpipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. ' 125. Submit storm drain improvement plans for all cn-site storm drainage system facilities for review and approval by the City Engineer. 126. The project is subject to Flood control and drainage implementation fees and/or construction of drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs Area. The acreage drainage fee at the present time is $6,511 per acre per Resolution No. 15189 and shall be paid prior to issuance of building permits. The developer may receive credit toward drainage acreage fees otherwise due with regard to the estimated cost of the construction of Storm Drain Line 3 laterals 313, 3C, and 3D. Coordination with Riverside County Flood Control District (RCFC) shall be required to determine credit for deletion of previously Master Planned storm drain facilities, and to determine that the proposed on-site storm drainage system provides an acceptable alternative to the construction of the Master Planned storm drain facilities. If required as a condition of credit for storm drainage implementation fees, a cooperative agreement between the developer, the City of Palm Springs, and RCFC shall be established to identify the specific credit for storm drainage implementation fees related to the deletion of Laterals 3B, 3C, and 3E from the Master Drainage Plan. Collection of storm drainage implementation fees shall continue to be required, however, for future construction of Master Planned storm drain facilities adjacent to the project, including Storm Drain Line 3, Lateral 3A and Lateral 3E. ' 127. Construct required drainage improvements, including but not limited to catch basins, storm drain lines, and outlet structures, for drainage of on-site streets into retention basins, as described in a final Hydrology Report for Tentative Tract Map 31848 as approved by the City Engineer_ Resolution 20920 Page 25 128. All on-site storm drain systems shall be privately maintained by a Homeowners Association and or Golf Course owner. Provisions for maintenance of the on-site ' storm drain systems shall be included in Codes, Covenants and Restrictions (CC&R's) for this project, and shall be provided to the City Engineer for review and approval prior to approval of the final map. GENERAL 129. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 130. All proposed utility lines shall be installed underground. 131. All existing utilities shall be shown on the improvement plans. The existing and proposed service laterals shall be shown from the main line to the property line. 132. 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 City Engineer for approval prior to construction. 133_ In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, ' all existing overhead electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, adjacent to, and/or transacting the property, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. 134. Nothing shall be constructed or planted in the corner cut-oft area of any driveway or intersection which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 135. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 136, A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the' existing parcel and all lots -created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the first review of the Final Map. The Final ' Map shall be approved by the City Council prior to issuance of building permits. In the event the Tentative Tract Map is phased into multiple Final Maps, the developer shall submit appropriate security for construction of all required off-site public street improvements with the first Final Map submitted for approval. Resolution 20920 Page 26 137. Abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The easements, identified as an easement to Southern California Edison recorded December 14, 1948, in Book 1035, Page 417; and an easement to Southern California Edison recorded as Document No. 72-160821, shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of the abandonment of these easements, proposed indnndual lots encumbered by these existing record easements are rendered unbuildable, until such time as these easements are removed of record and are not an encumbrance to the affected lots. TRAFFIC 138, The original traffic impact study titled "Palm Springs Village Planned Development District Traffic Impact Study," prepared by Endo Engineering dated September 2003 (as amended) shall be revised to address the additional access point into the development (the West Entrance) on Indian Canyon Drive. Modifications, additions and deletions to the traffic impact measures outlined in the original study (as previously amended) shall be required, as reviewed and approved by the City Engineer. The revised traffic impact study shall be submitted to the City Engineer for review and approval prior to submittal of improvement plans and/or a final map associated with the development. ' 139, Submit traffic striping and signage plans prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements. 140. Install street name signs at each street intersection in accordance with City of Palm Springs Standard Drawing No. 620-625. 141. Furnish and install a 9500-lumen high-pressure sodium vapor safety street light with glare shield on a marbefte pole on the southwest comer of the Sunrise Parkway and the East Entrance. The developer shall coordinate with Southern California Edison for required permits and work orders necessary to provide electrical service to the street light. 142, A 30 inch "STOP" sign and standard"STOP BAR" and "STOP LEGEND"shall be installed in accordance with City of Palm Springs Standard Drawing No_ 620-625 at on-site street intersections as required by the City Engineer_ 143. The following mitigation measures, as determined by the report titled "Palm Springs Village Planned Development District Traffic Impact Study," prepared by Endo Engineering dated September 2003 (as amended) shall be addressed as follows: A. Design and install a traffic signal at the Indian Canyon Drive and Sunrise ® Parkway intersection. Installation of the traffic signal shall be required in Conjunction with the complete extension of the Sunrise Parkway from Sunrise Way to Indian Canyon Drive; or, shall be required in conjunction with construction of the Sunrise Parkway from Indian Canyon Drive to the North Entrance and issuance of the 100th certificate of occupancy within the development. The Resolution 20920 Page 27 developer may request preparation of a Reimbursement Agreement, which may allow for reimbursement of up to 82.9% of the total cost to design and install the ' traffic signal. If requesting a Reimbursement Agreement, the developer shall submit a $2,000 deposit for preparation of the Reimbursement Agreement by the City Attorney, and shall be subject to actual costs required for its preparation- S. Install traffic striping improvements at the Avenida Caballeros and San Rafael Drive intersection to provide a south bound left-turn lane, south bound through/right-turn lane, additional west bound through lane, north bound left-turn lane, and north bound through/right-turn lane. Traffic striping shall be installed in conjunction with the extension of Avenida Caballeros through the proposed development- C. Provide a northbound left-tum lane and northbound right-turn lane at the North Entrance and Sunrise Parkway; including a north bound stop control. D, Provide an eastbound left-tum lane and eastbound right-turn lane at the East Entrance and Sunrise Parkway; including an east bound stop control- E. Payment in an amount equal to 44.7% of the cost to design and install a traffic signal at the intersection of San Rafael Drive and Sunrise Way shall be made to the City. Payment shall be reimbursed to others responsible for the design and installation of the traffic signal, in accordance with the terms of a Reimbursement Agreement between the City and the responsible parties. Payment shall be made within 30 days notice to the developer. ' F. Payment in an amount equal to 15.5% of the estimated cost to construct an additional southbound left-turn lane at the Sunrise Way and Vista Chino intersection shall be made to the City. An engineer's estimate for the construction of the required improvement shall be submitted to the City Engineer for review and approval prior to approval of a Final Map. Payment shall be made prior to issuance of a certificate of occupancy. G. Payment in an amount equal to 11.0% of the cost to construct an additional northbound right-turn lane and southbound left-tum lane at the Farrell Drive and Vista Chino intersection shall be made to the City. An engineer's estimate for the construction of the required improvement shall be submitted to the City Engineer for review and approval prior to approval of a Final Map. Payment shhll be made prior to issuance of a certificate of occupancy. 144. A minimum of 48 inches of sidewalk clearance shall be provided afound all street furniture, fire hydrants and other aboveground facilities for ADA accessibility. 145. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a certificate of occupancy. 146. 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. This property is subject to the Transportation Uniform Mitigation Fee,which shall be paid prior to issuance of building permits. OnM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31848-1 FOR PROPERTY LOCATED EAST OF INDIAN CANYON DRIVE AND NORTH OF SAN RAFAEL DRIVE, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH SUNCAL PSV LLC, A DELAWARE LIMITED LIABILITY COMPANY WHEREAS, the Planning Commission, at its meeting of April 7, 2004, recommended approval of Tentative Tract Map 31848, prepared by MSA Consulting, Inc., representing Suncal PSV LLC, a Delaware Limited Liability Company, for the above described property; and WHEREAS, the City Council at its meeting of May 5, 2004, approved Tentative Tract Map 31848 subject to conditions; and WHEREAS, the City Council at its meeting of May 17, 2006, approved a one year time extension of Tentative Tract Map 31848, to May 5, 2007; and WHEREAS, a portion of that certain right-of-way granted to the City of Palm Springs, shown as Lot "A" (Avenida Caballeros) on Tract Map No. 24853-1, as shown in Map Book 221, Pages 8 through 11, inclusive, is to be abandoned pursuant to Section 66434 (g) of the Government Code; and WHEREAS, the owner offers for dedication to public use Lots "A" through "C" for street and public utility purposes; easements for public utility and sewer purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over Lots "D" through "T", inclusive, shown as "Private Street"(s); easements for sidewalk, public utility and sewer purposes, over Lots "U" through "Z", inclusive, and Lots "AA" through "AH", inclusive; and easements for storm drain purposes over Lots "X", "AA", "AF", and "AJ", as shown on the map; and WHEREAS, by separate Grant Deed, Palm Springs Village — 309, LLC, a California Limited Liability Company, has unconditionally conveyed a 5.724 acre parcel to the City of Palm Springs for use as a future park site. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 1. That Final Map 31848-1 is in substantial conformance with approved Tentative Tract Map 31848; and 2. That requisite conditions associated with Tentative Tract Map 31848 have been satisfied; and 01 11t7f.. Resolution No. Page 2 3. That Final Map 31848-1 is in conformance with the General Plan; and 4. That Final Map 31848-1 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the abandonment of that certain right-of-way granted to the City of Palm Springs, shown as Lot "A" (Avenida Caballeros) on Tract Map No. 24853-1, as shown in Map Book 221, Pages 8 through 11, inclusive, is approved, pursuant to Section 66434 (g) of the Government Code; and 6. That all offers of dedication to the public on Final Map 31848-1 shall be accepted by the City Clerk of the City of Palm Springs; and 7. That the unconditional conveyance of a 5.724 acre parcel by separate Grant Deed, executed by Palm Springs Village — 309, LLC, a California Limited Liability Company, shall be accepted by the City Clerk; and S. That the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement with the subdivider and to accept subdivision improvement security in conformance with the requirements therein for construction of required public improvements; and 9l. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 10. That Final Map 31848-1 is hereby approved for purposes therein defined. ADOPTED THIS 6th day of December, 2006. David H. Ready, City Manager ATTEST: James Thompson, City Clerk I i 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. is a full, true and correct cop y, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 6, 2006, by the j following vote: AYES: NOES: ABSENT: ABSTAIN: I James Thompson, City Clerk City of Palm Springs, California