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1/17/2007 - STAFF REPORTS - 2.K.
PALM 2 Col s U u I � I % City Council Staff Repo JANUARY 17, 2007 CONSENT CALENDAR Subject. APPROVAL OF FINAL MAP 33878-1 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH SMOKE TREE, INC., A CALIFORNIA CORPORATION, FOR 10 RESIDENTIAL LOTS, AND 13 OPEN SPACE LOTS, LOCATED AT 1850 SMOKETREE LANE, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST From: David H. Ready, City Manager Wtiated by. Public Works and Engineering Department SUMMARY MSA Consulting, Inc., representing Smoke Tree, Inc., a California Corporation, has prepared a final map for subdivision of property into 10 residential lots, and 13 open space lots, located at 1850 Smoketree Lane, in Section 25, Township 4 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 cottages proposed within the Smoke Tree Ranch. 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 33878-1 FOR PROPERTY LOCATED AT 1850 SMOKETREE LANE, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH SMOKE TREE, INC., A CALIFORNIA CORPORATION," and 2) Authorize the City Manager to execute all necessary documents. ITEM NO- City Council Staff Report January 17, 2007 - Page 2 Final Map 33878-1 STAFF ANALYSIS: MSA Consulting, Inc., representing Smoke Tree, Inc., a California Corporation, submitted Final Map 33878-1, requesting that the property located at 1850 Smoketree Lane, in Section 25, Township 4 South, Range 4 East, be subdivided into 10 residential lots, and 13 open space lots, on a 8.5 gross acre site. At its meeting of March 21, 2006, the Planning Commission recommended approval of Tentative Tract Map 33878, which was subsequently approved by the City Council, subject to conditions, on April 5, 2006. Final Map 33878-1 represents the first of five phases for this development, known as the Smoke Tree Cottages. It includes 10 residential lots, 3 of which include existing cottages. It has been determined that required conditions have been satisfied, that Final Map 33878-1 is in substantial conformance with the approved T ntative Tract Map, and that Final Map 33878-1 is ready for City Council approval. f FISCAL IMPACT: lEinance Director Review: None. David J. Barakian Thomas J. Wil on Director of Public Works/City Engineer Assistant City Manager David H. Ready, I y M� ATTACHMENTS: 1. Map 2. Subdivision Agreement 3. Resolution 1N THE CITY OF PALM SPRINDS, COUNTY OF RIVERSIDE, STATE OF CAUFORNfA SHEET I OF 3 SHEETS TRACT MAP NO. 33878- 1 AEOMO A PORTION OF THE NORTHWEST QUARTER OF FECOROER'S STATEMENT OWNER'S STATEMENT SECTION 25, TOWNSHIP < SOUTN. RAHQF A FAST, SAM. Yc ISas�r rvE r i¢.Y¢rr.wxas d ro[:.Yu euLaR and vs sYRfaswa (ID MSA COhSULTTNG. INC. 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EN0411EE_Y'S STATEYEIR rr nLs wn,iT ra saE LSE d owznss,ttw sux[ssccl,A54]NCFf w: wr �__ °fuss iOi""ss WP RER[m arA¢txc .Ms tuY-•.[o n<.ImN uv v vxn N.w Ns sse•e-I m'smc d e al¢le.nor n'L wexnsm srrN.LREa IS scsrnw..L- SMOKE TREE, INC., WT u n N*CWc sv M[nmmt WR ca Arr,JR I"1A![51r4Hs ncREv, A GUM1VJu Lva H lw.r xs rEwtitile c(r! vu s'x r< .%,n Aw•a It;x 1LIT I m Ist TYC u Arr c ri u l[N f4a IVA rTl CLYR'.•Y 1'�I xq IT I lY snlsfn x•r v.c.aa Is r[a•xxv x+x[[i TAX MONO CERTITICAiE tRLLT rown,fu arils� vur a seem.srsstt +�'�^+t .Y[R=�.er..�ttu a 3nu n]�sa v .,.s sr�oxaree f"M +so rim.me+T } r InoA d s-,,.orss v vev rnyn CRTi4i'.IRpf ME TfA1 p y1 AR- Sr�!L p}1.Tr.vNCrJL ex+]x xvr 1FCI zoF + t r S uo.l sxLw wLv�lx E .i u tufs,esw a•+Ic lae d r�x s Mr GSKeII [YJ 1!)•IYI 4 f .s SLY TI1I=IE N.} RSWRE.,1<a V_N+4M SL]>R 1 TRUSTEE'S STATEMENT x a.E An sYs v s vu m eva s eml nrw:.m s.v rwss sSeaxw>s y Iv f vns 'i1.mw RAIXF CLPR0.lrm A rIl m CGYRRVKM.TI.SIS/G C6G Or "s ruKl c WI 1!.1RY}..45 Rl!?rLWYr IN ]INtI.V ClR�a Cl3l TRIM UC wl,tr sLY�n Rw.IYLtlY4L R[WrYS If ILR�aC WITS. JYSI]SM 'ILO C!MC OM]LT ILKMbYS CO[,.1"u CRYr Ot CRY CLERK'S STATELENT l]w rnerxe4 em ll.,s fl a-Tea u�l v nt err ew'cl v -- xnr artrr mr d -.R`uca.still d CMa4^a1,.Emir nn>Wt vn rn. ma,Ix. rfARM I¢r2a Inc a+a ur d re n:. ,rrlAm tr[elN xLY cr r�u N] WI -16 MT ski r[Lr-�nr r-+v v r-1 MF.tK f11rj.j EV.2"cite CGt 'A'HNTI b',lS1 4 I Vr .- Iv�m [:FISs rmi s c r�iMCncr .� ..,MrEIC MrI. e ]cf sx.n zr]nI se•Iv ix'.,.c«c w NWCG1 r]w-L•A'u.W. nre.s, s.cn ., CGliaTEIRE OL'KSIONS Ta.Ala stRlEr{st areo ry rw.c Ltu+ns•ass,r.orte c•I qTe 1➢1]Y rIRY.Li'a'.CE_TJ ru:JRS IIIIY rJK]$Es li u .[JG ra,u. uE 4�r 1 fUr wlrr,Vf kV y[11M4.NE M'+pl SNL 1RAT WJ r+f Yrlgf]m H Ltt W Y�v�•a5 RE.tue 1CfA]19➢LS:s 1 Ct. 6 4�l Mf L yQ1ARr'a ACRH�ocJ±Eyr wx - [.T r/l.•�CL V r!Ott L.FAY]-`r'F'f J.N I Tay IJS IN THE CRY OF PALM SPRINGS, COUNTY OF RIVERSIDE STATE OF CAUFORHIA SHEET 2 OF 5 SHEUS TRACTMAP NO. 33878- 1 rNG1119EA'SNOTES NOTARY'S A, QXNDWI EDGVE ME w v fcws rm rl 5 Iw 5 1.:Nisruer i,c v BEING A PORNOH OF THE HORTNWEST OGAREER OF tPx•"-"-sT naar,.e DIq n ucrm xa raxs.a svrn nxTE w cunxNrn SECAON 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.Y.W. rum x un•u.Y.u aL.N a 1F.4!sn :aa.cw rt n 1 KCN!I.AT ixl !1}.M WS all V C a5 IS. WaE le' + (� MSA CoNsuE.xarn, INC Auovsr - sooa T4 AxWtM aLr-L IV un PRt s+n 1-utt:� 1 3 SSGNAiiIRE OMISSIONS p l,yca'Ps ttT I.4A, •xcs :sw•' x.wn cM1.Ess w'c vxr[ M K 1W x 5I*m YE(an nvin Io lE W ME M w-s MM Rri'el:f1:R'j ruiG]urt ra scc:x.r uR:!or 1Fc sutll sx Yu+n,l[swluNp a x m N EXC iFRSK[57 xNnSC NI. EIARE S o M, m Ti NMx 4rs1R NlR 1Ho iN:CRW[4NN])H!V[YIfIS 1N]!C!o1X[R X'RiS15 IV2!m�CYIRR N ma p wp/'1H![T -1!.gA+s 11 St s11 'Rc l 1 1 +.sxn=aaR m ue T.S+T x-yryxr EREJ!-i0 N:'_,,.-Ix xshEQhlnR sL+1[Nu,R mc-srs r.Y VJt R➢d 1Y10 rtE N,aX NAG I}!r(a, co 510 xf b' a.e VPA]It[C,l•M]T T l`RS! M.'SO tOCti4[ a.I. 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Construction Obligations................................. • .... ............................ . --.1 1.1 Works of Improvement................................................. •. ....................2 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval ........................................................ . . . ...........2 1.3 Intent of Plans...................................................... • . ..............................2 1.4 Survey Monuments ....................................................................................2 1.5 Performance of Work . . . . . • • ................................. . . ........3 1.6 Changes in the Work......................___----------------............................-------• -3 1.7 Defective Work_.... ...........................................__ •-- -- ...................3 1.8 No Warranty by City.......... •• • . ............................... . ......3 1.9 Authority of the City Engineer................ ------ ..................................3 1.10 Documents Available at the Site ................................................................3 1.11 Inspection........................................ ............................................... .........3 1.12 Compliance with Law....................................................... .........................4 1.13 Suspension of Work...................................................................................4 1.14 Final Acceptance of Works of Improvement...............................................4 2. Time for Performance.....................___-----------------------........................................4 2.1 Commencement and Completion Dates ....................................................4 2.2 Phasing Requirements...............................................................................5 2.3 Force Majeure...................-----------.------ ................................... . ..........5 2.4 Continuous Work........................................................................................5 2.5 Reversion to Acreage.................................................................................5 2.6 Time of the Essence ........................................ . ............................. . .6 3. Labor...................................................................... . .................................. .....6 3.1 Labor Standards..... ------ .................................................6 3.2 Nondiscrimination.......................................................................................6 3.3 Licensed Contractors ................................................................ . .............6 3.4 Workers' Compensation................................ • . --............................. ......6 4. Security,_ . ............6 4.1 Required Security............................................. ...........................-• •..6 4.2 Form of Security Instruments .....................................................................7 4.3 Subdivider's Liability........................................... ................................ . •..8. 4.4 Letters of Credit--.-...... ......... .....................................__..........................8 4.5 Release of Security Instruments •...............................................................9 . � 1 5. Cost of Construction and Provision of Inspection Service...--------- .....................................................................................................9 5.1 Subdivider Responsible for All Related Costs of Construction................................................... .. •-- ...................................9 5.2 Payment to City for Cost of Related Inspection and Engineering Services .............................................................. ........10 G- Acceptance of Offers of Dedication.....................................................................10 7. Warranty of Work...................... -------------------.....................-..------......................10 8. Default ........................................................... • --------------...............................10 8.1 Remedies Not Exclusive ..........................................................................10 8-2 City Right to Perform Work . -- .• ............................... .......................11 8.3 Attorney's Fees and Costs .......................................................................11 9. Indemnity.................... ...................................--•--------............11 10 General Provisions..............................................................................................11 10.1 Successors and Assigns............................................................... . . . .-11 10.2 No Third Party Beneficiaries.....................................................................11 10.3 Entire Agreement; Waivers and Amendments .........................................12 11- Corporate Authority..... . ....................................................................................12 2 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 SMOKE TREE, INC., a California Corporation (Subdivider"), RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 33878-1 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 easements for public utility purposes, with right of ingress and egress for service and emergency vehicles and personnel over the on-site private streets (Lots "A" through "D", inclusive"), as shown on the map; easements for public utility purposes, shown as "10' PUE", along and adjacent to the on-site private streets (Lots "A" through "D", inclusive), as shown on the map; easements for public utility purposes over Lots "E" through "Q", 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. 1. Construction Obligations. 1 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 $1,020,000.00- 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval- In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property- The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) . and written proof of having paid the engineer or surveyor for the setting of said monument(s). 2 ll" nfl; 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer- 1-7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. i 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as 3 direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. ' 1.12 Compliance With Law_ In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of 4 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 1permits, 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 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 Acreaae. 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 5 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 Properly to acreage, pursuant to Government Code Section 66409.16 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. 3.2 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 Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Reguired 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"): 6 (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $1,020,000.00 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 $510,000.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $15,000.00 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 $153,000.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the 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 7 Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs. State of California (and the Security Instrument shall so provide)_ (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration 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, g i 1, i i ' issued by a financial institution acceptable to City as of the date of delivery of the ' replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider- If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account- 4.5 Release of Security Instruments- (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4-5; (ii) the Works of Improvement have been accepted; (III) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work- 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction- Subdivider shall be responsible for payment of all costs incurred for construction and- installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall, be subject to a g i separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work_ The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 10 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City_ 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnify 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 11 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. x x w w w (Signatures on Next Page) 12 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 M_ Ready, City Manager STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: David Barakian, City Engineer SUBDIVIDER: SMOKE TREE, INC., a California Corporation Check one: _Individual_Partnership d Corporation' Company *Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. 1 �1 Signature (n tarized) Signature ( otarized) Name: Tracy Conrad Name: Sally G. Phinn Title: Vice President & Chief Operations Title: Secretary Officer (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 13 0 77 i Mailing Address: Smoke Tree, Inc. 1850 Smoke Tree Lane Palm Springs, CA 92264 (760) 327-1221 14 ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY County of — 0 SIGNER On before me, ��+��� G�rzw`ti� Datez,aName, Title of Officer ❑ INDIVIDUAL(S) personally appeared G. ❑CORPORATE. NAME(S) OF SIGNER(S) OFFICER(S) onally known to me - OR— TITLE(S) ❑ proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S) persons(s) whose name(s) is/UW subscribed to the within oATTORNEY-IN-FACT instrument and acknowledged to me that he/she/ 4? c executed ❑TRUSTEE(S) the same in his/her/thy authorized capacity(0 , and that by ❑SUBSCRIBING WITNESS his/her/their signature(s) on the instrument the person(s) or the ❑GUARDIAN/CONSERVATOR entity upon behalf of which the persons(s) acted, executed the ❑OTHER instrument. Witness my hand and official seal- SIGNER IS REPRESENTING: Signature of Notary "M"'TGA'I1IO p :—dn NOTARY PRIC-CANFOANIA VI Riyu&de Counly My Comm.EXpucs Nvv 1fi 2006" ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED 4- TO THE DOCUMENT Number of Pages ;S DATE OF DOCUMENT DESCRIBED AT RIGHT: Si ner(s) Other Than Named Above EXHIBIT "A" ' TRACT MAP 33878-1 LEGAL DESCRIPTION ' Tract Map No. 33878-1, as recorded in Map Book Pages through inclusive, records of Riverside County, California. 16 n _ EXHIBIT "B" TENTATIVE TRACT MAP 33878-1 CONDITIONS OF APPROVAL 17 Resolution No.21W Page 6 EXHIBIT A Case No. 5.1090— PD-323, TTM 33878 Smoke Tree Inc. 1850 Smoke Tree Lane, within Smoke Tree Ranch CITY COUNCIL CONDITIONS OF APPROVAL April 5, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Planning Department: 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 5.1046 Tentative Tract Map 33341. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or falls 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 I herein. i 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences Resolution No.21546 Page 7 between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. A. 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. Action on this application shall not be final until such fee is paid. 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 114% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Goverment Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Environmental Assessment 7. The mitigation measures of the environmental assessment shall apply, The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: Resolution No.2154E Page 8 MM III-1 Earth-moving activities on the project site shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH, pursuant to the Coachella Valley PMio State Implementation Plan and SCAQMD Rule 403.1. MM 111-2 Adequate watering techniques shall be employed on the project site to mitigate the impact of constructlon-generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day, as part of the construction specifications. MM 1113 Any construction access roads to the project site shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved road surfaces shall be 15 mph. MM 111-4 All trucks shall maintain at least two feet of freeboard. MM 111-5 Trucks hauling dirt, sand, soil or other loose dirt material off-site, shall be covered and washed off before leaving the site. MM 111-6 Adjacent streets shall be swept if silt is carried over to adjacent public thoroughfares, MM 111-7 As part of the construction specifications, any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed i area subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. MM 111-8 Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through-traffic lanes. MM V-1 As there is always a possibility of buried cultural and paleontological resources in a project area, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. The Agua Caliente Band of Cahuilla Indian Cultural Office shall be contacted for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services. Following consultation, the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate the find. 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. Human remains discovered shall be handled consistent with state law provisions. MM-VII-I Prior to demolition of any structures, a Phase 1 ESA shall be prepared to determine the presence of any hazardous building materials such as asbestos Resolution No.21546 Page 9 floor tiles, pipe insulation, etc. The recommendations of that report shall be followed including the proper handling and disposal of the material as well as any site remediation. MM IX-1 The Omitted Not-A-Part portion of the property is recognized to be, and will continue to be held as common area for this project and Smoke Tree Ranch, and shall not be developed with dwelling units unless it can be demonstrated that the residential units associated with this project, along with any proposed dwelling units conform to density provisions of the Palm Springs General Plan. MM XI-1 The project applicant shall demonstrate that all on-site residential units shall be designed to meet the City of Palm Springs noise standards (65 CNEL in outside activity areas and 45 CNEL in interior living areas). The project applicant shall demonstrate compliance through the submittal of building and site improvement plans that provide details regarding sound barrier heights, additional insulation and building materials used to maintain interior noise levels, building and window orientation, and other measures to reduce noise exposure levels to City noise standards. A qualified noise consultant shall be retained to ensure that project and building designs will meet City noise exposure standards. Evidence of compliance with this mitigation measure shall be provided to the City prior to the issuance of any building permits. MM XI-2 All construction equipment, fixed or mobile, shall be equipped with operating and maintained mufflers and the engines shall be equipped with i properly P g g� shrouds. MM XI-3 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-4 Stockpiling and vehicle staging areas shall be located in the northern portion of the site. MM XIS Stationary construction equipment shall be placed such that emitted noise is directed away from noise-sensitive receptors_ MM XI-6 Construction activities on-site shall take place only during the hours between 7:00 a.m. and 8:00 p.m., as specified by the Palm Springs Noise Ordinance (11,74,041), to reduce noise impacts during more sensitive time periods. The Construction Site Regulations (Chapter 8.04.220) also identify specific limits on hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if the noise produced is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity. r-� 8. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers Resolution No.21546 Page 10 operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. CC&R's 9. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. 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_ 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A filing fee, in accordance With the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Final Design 11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. I 12. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation 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 approval of the tentative tract map. 13. An exterior lighting plan in accordance with zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, dawn-lights shall be utilized. No lighting of the hillside is permitted. Resolution No.21546 Page 11 Public Safety CFD 14, The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, Including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity, Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 el seq., or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. General Conditions/Code Requirements 15. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. j i 16. 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. 17. 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. 18. 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. 19. All materials on the flat portions of the roof shall be earth tone in color. 20. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93,03.00 of the Zoning 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. i Resolution No, 21546 Page 12 21. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 22. The design, height, texture and color of building(s), fences and wails shall be submitted for review and approval prior to issuance of building permits. 23. The street address numbering/lettering shall not exceed eight inches in height. 24. 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. 25. 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. 26. Prior to submittal of any building permit or other type of permit, any proposed project shall provide evidence of Smoke Tree, Inc. approval. 5ngineerinq Department: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. ON-SITE PRIVATE STREETS 3. Dedicate easements for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private streets. 4. All centerline radii shall be a minimum of 130 feet. 5. All on-site private streets shall be two-way with a minimum 20 feet wide travelway (as measured between the edges of pavement on each side of centerline). Resolution No.21546 Page 13 6. All on-site private streets shall be constructed with a minimum pavement section of 2% inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. Remove and dispose of any existing asphalt concrete pavement that is not in the correct roadbed location or is deficient in quality as necessary. 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. Remove and dispose of any existing asphalt concrete pavement that is not in the correct roadbed location or is deficient in quality as necessary. T Parking shall be restricted along both sides of the on-site private streets. The Home Owners Association (HOA) shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's) required for the development. SANITARY SEWER 8. All sanitary facilities shall be connected to the public sewer system- New laterals shall not be connected at manholes. 9. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior . I to issuance of any building permits. 10. Construct 8 inch V.C.P, sewer mains across the proposed on-site private street frontages connect to the existing on-site public sewer system, as required by the City Engineer. All sewer mains constructed by the applicant and to become part of the public sewer system shall be televised prior to acceptance of the sewer system for maintenance by the City. GRADING 11. 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 Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8-50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. i The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust 6l j Resolution No.21646 Page 14 Control Class and information on the Coachella Valley Fugitive Dust Control F� Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. The first submittal of the Grading Plan shall include the following information: Copy of signed Conditions of Approval stamped by the Planning Department; Copy of Tentative Tract Map 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. 12. Natural drainage swales should be maintained adjacent to all edges of roadway pavement to keep nuisance water from entering the streets. 13. A National Pollutant Discharge Elimination System (NPDES) stormwater 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 issuance of a grading permit. 14, In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) f per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 15. 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. 16. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776.8208)_ ❑RAINAGE 17. This project may be required to install measures in accordance with applicable National Pollution discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater Resolutlon No.21546 Page 15 River Region from the Colorado Rover Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("M$4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictlons (CC&R's) required for the development. 18, The applicant shall accept and convey all stormwater runoff across the property in a manner consistent with the existing natural landscape of the Smoke Tree property. 19. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15169. Fees shall be paid prior to issuance of a building permit, unless prior payment of fees may be demonstrated or credit for deletion of Master Storm Drain lines is approved by the City Engineer. GENERAL 20. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility Companies for utilities installed for the benefit of the proposed development (I_e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. i 21. All proposed utility lines shall be installed underground. 22. All existing utilities shall be shown on the improvement plans required for the project, The existing and proposed service laterals shall be shown from the main line to the property line. 23. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD i I ' Resolution No.21546 Page 16 drawing file)and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer, 24. 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. 25. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. MAP 26. 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 properly, 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 review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits_ 27. Upon approval of a final map, the final map shall be provided to the City in G.I.S. I ' digital format, consistent with the "Guidelines for G.I.S. Digital Submission"from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S, feet); monuments (ASCII drawing exchange file); lot lines, rights-of- way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 28. Street name signage, and regulatory control signs at on-site private street i intersections shall be installed as necessary and as approved by the City Engineer. i 29. 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 I California, Department of Transportation, "Manual of Traffic Controls for I J y (:` vo II � Resolution No,21546 Page 17 Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 30. This property Is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal: I. Trash cans shall be screened from view and kept within fifty (50)feet of the street. Police Department: 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department: 1. Prior to any construction on-site, all appropriate permits must be secured. Fire Department- 1, Plot Plan: Prior to completion of the project, a 8.5"xi V plot plan shall be provided —• to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifliers, main electrical panel j locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. 2. Fire hydrant systems: Following Fire Department selection of hydrant locations, Plans and specifications for fire hydrant systems shall be submitted to the fire- department for review and approval prior to construction. (901.2.2.2 CFO). All fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, fences, signposts, or aboveground utility facilities are permitted within 3 feet of fire hydrants, or in line with hose connections. 3, Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902-1 CFC) 4. Minimum Access Road Dimensions: a. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 No parking shall be allowed in either side of the roadway. b. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an if._. unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 i CFC) Resolution No.21546 Page 18 o. Read 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 CFO) The minimum inside tuming radius is 30 feet, with an outside radius of 45 feet. END OF CONDITIONS i l r" "e-D RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33878-1 FOR PROPERTY LOCATED AT 1850 SMOKETREE LANE, IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH SMOKE TREE, INC., A CALIFORNIA CORPORATION WHEREAS, the Planning Commission, at its meeting of March 21, 2006, recommended approval of Tentative Tract Map 33878, prepared by MSA Consulting, Inc., representing Smoke Tree, Inc., a California Corporation, for the above described property, and WHEREAS, the City Council at its meeting of April 5, 2006, approved Tentative Tract Map 33878 subject to conditions; and WHEREAS, the owner offers for dedication easements for public utility purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over Lots "A" through "D", inclusive, shown as "Private Street"(s); easements for public utility purposes, shown as "10' PUE", along and adjacent to Lots "A" through "D", inclusive; and easements for public utility purposes over Lots "E" through "Q", inclusive. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 1. That Final Map 33878-1 is in substantial conformance with approved Tentative Tract Map 33878; and 2. That requisite conditions associated with Tentative Tract Map 33878 have been satisfied; and 3. That Final Map 33878-1 is in conformance with the General Plan; and 4. That Final Map 33878-1 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That all offers of dedication to the public on Final Map 33878-1 shall be accepted by the City Clerk of the City of Palm Springs; and 6. 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 7. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 8. That Final Map 33878-1 is hereby approved for purposes therein defined. Resolution No. Page 2 ADOPTED THIS 17th day of January, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 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 copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on January 17, 2007, by the following vote: AYES: NOES. ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California