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HomeMy WebLinkAbout7/11/2007 - STAFF REPORTS - 2.E. ,?ALMS'. i2 c V N 4 eo +• q'ogninv cA`'F°R"`P City Council Staff Repo JULY 11, 2007 CONSENT CALENDAR Subject: APPROVAL OF FINAL MAP 33162 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS MODERN HOMES VI, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR A 2 LOT TRACT MAP FOR CONDOMINIUM PURPOSES LOCATED AT 2855 N. PALM CANYON DRIVE, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY MSA Consulting, Inc., representing Palm Springs Modern Homes VI, LLC, a California Limited Liability Company, has prepared a final map for subdivision of property into a two lot Tract Map for condominium purposes, located at 2855 N_ Palm Canyon Drive, in Section 3, 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 the 133 condominium units proposed within the subdivision. 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 33162 FOR PROPERTY LOCATED AT 2855 N. PALM CANYON DRIVE, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS MODERN HOMES VI, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;" and 2) Adopt Resolution No-_, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TERMINATING AGREEMENT NO, 3286, APPROVED OCTOBER 6, 1993, A SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND STEPHEN C. NICHOLS, TRUSTEE OF THE FRANK CULVER NICHOLS REVOCABLE TRUST;" and ITEM NO. City Council Staff Report July 11, 2007- Page 2 Final Map 33162 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: MSA Consulting, Inc., representing Palm Springs Modern Homes VI, LLC, a California Limited Liability Company, submitted Final Map 33162, requesting that the property located at 2855 N. Palm Canyon Drive, in Section 3, Township 4 South, Range 4 East, be subdivided into two lots for condominium purposes on a 13.9 gross acre site. At its meeting of August 23, 2006, the Planning Commission recommended approval of Tentative Tract Map 33162, which was subsequently approved by the City Council, subject to conditions, on September 20, 2006. Final Map 33162 is a resubdivision of Parcels 3 and 4 of Parcel Map 23130, which was approved by the City on October 6, 1993. At that time, the improvements related to Parcel 3 of Parcel Map 23130 were secured by a Subdivision Improvement Agreement (Agreement No. 3286) between the City of Palm Springs and Stephen C. Nichols, Trustee of the Frank Culver Nichols Revocable Trust. A Deed of Trust in favor of the City of Palm Springs in the amount of $440,412 was recorded against Parcel 3 of Parcel Map 23130 to secure the improvements. As Final Map 33162 supersedes Parcel Map 23130, the required Subdivision Improvement Agreement (Agreement No. 3286) may be terminated and the required security returned. Staff recommends that a full reconveyance of the Deed of Trust be executed and recorded, as the security will be replaced by bonds submitted with the Subdivision Improvement Agreement for Final Map 33162. It has been determined that required conditions have been satisfied, that Final Map 33162 is in substantial conformance with the approved Tentative Tract Map, and that Final Map 33162 is ready for City Council approval. FISCAL IMPACT: None. David J. Barakian Thomas J. Wlls`n Director of Public Works/City Engineer Assistant City anager David H. Ready, City M ATTACHMENTS: 1. Map 2. Subdivision Agreement 3. Resolution (2) ATTACHMENT FINAL MAP 33162 l� SHEET I OF 3 SHEEFS .N THE CITY OF PAL! SPP.,.INCS, COUN?Y OF RIVERSIDE. STATE OF CAUFORNIA RECORDER'S STATE MEIlT TRACT MAP NO. 33162 nLL➢1n5 __ y p OWNER'S STATEUENT RUNG A RESUGLINJSION OR PARCELS 3 ANO 4 OF PARCEL MAP NO. 23I3O, AS - _ - .4 Esc« --- OF F el IF x a�sr a � -�6a:si,[-.•. nr a= art c.r.rs G. r.r s':p a a V II`14 o-1 SHOWN BY MAP ON F1L UN BOOK I8I, PAGES 5O THROUGH 53, UNCLUSIVE. r I EIIr mU cr r. CR Or Iwa s MES i-p o 4'e= x Eve nw rc.na 11Z 01 T Fr=_c!,nwE msml RECORDS OF RIVERSIDE COWITY, LYING '.VITHIN SECTION 3. �LE111.lc PIS5[nC= n V C+x r E la J!o .o 1-1 •1 nr V: .--t41 Va Irc l.r uL.a.I IN, 4 LL•= s sxanll .nr-I.. -. TOWNSHIP 4 SOUTH, RANGE 4 EAST, S D.M. - ✓SIFE 'r FOP..n Ir.0 AL a.arm p .Lme Lsr FCP_13 E1..Lx•. Fi L.s L F.P...FI FPr =-. ID VISA CONSULTING, INC DECEN4BER - 2006 Lm A As I.. OF" ars nr FOR GO#C4NINIVM PUR:OS.S m GC^wr nr IIFL91 ] .1 V.E.A•.,FFM- nn. C'Smnn « ao mY -rrl 11 r1 - -r<Es L•.c?m, . P•.o : Saanll •s t r::..x ' asp v].4 ENGINEER'S STATEMENT � . .e-•wl.ir m r. •uula4 lm=1cl11 All IY rr5 V•P - =RIF+hp iT UF r'SCP Vl C�Ci S-C+nS.i!:.'!,5 L'KC] .1C 'CAI? p L- V E,E -Fill A:rC.e!. II C•5 I' 1---' P 9si:n 4 [0'. 11 ll1 - ,r 1 ..Lary., m'-rncx _ss lees x.-s•L.-1.m:. III In E,..- r.FF._.,rt nI IF •c+r r r F InPc'.F�LLc E�.a._••ter zo 1LG TAX CO LEECTDR'S CERTIFICATE o-P.n+I.s .'NaFIL Ax•I LlteLr 11 4.»V pS„4 F - .FP pop' srA.L x - - ..... v Jc LVr n .Ls 'd s Am 4 n s Il - 6 1 s -of.S r.£.. Ltr o 0'•• -e.m r -11-1 4€ o •Fr�" nC3or c,-rIIIr lAr f0 ¢'E 10 uE e1CN Gs Cr 7Fs aTC[ ss CI z o,lC. -UP S..GEs Ms :a-fLs Arn.p' xAI,E S cn/I r.Is 1, c10 1: Ylo v_ __ Sprra1 c E11 mi s 3[r Lrt. n.f3 tY .: cofi . recPRtt 9C.All ci!ln[ n L.m Ti 9:I u] r.CIT,SL n1Pi4: srrr Sill CC_:.Y L L'.=u ln,rrlL I'll JI: --F,�FSSF rs L c6 L LY Fnm. a 1FL, o,on v3 re 3 re! Fr FOErr 1 - c l L 11-1.1y 1. La Io].]I-11.FrPU 11I i11i.a F[ p cs Ex]P �J9.l Rr, 1 e=rcme:Ci rnJLC1Ei,>s I,,,. SCF a M.F-1 ..I. FS'J ,.1 1, S 111.11 :AMP rvF v.•a �! •I].1Fr P}t rc 1.1.11 3i'lll F•]10 E r PALM SPRINGS MODERN HOMES VI, LLC, Jr�$�D? -!4 a•u+ a.- F.RIA LLa. cua IL-.cJnPn.I W 5 NOS CORP. ,- PF _I''✓ [25 f�F: n •LE•J v sM1r-w„r., n, a11<ca- i..L _PI.a•crTCP1 •1. _ _ _n1A rl E 161C1 _PC}:.I n •,_.•r.rr .-�'.--_ i \\fr xt`�/, o. L.rr CITY ENGINEER'S STATEMENT TAX BOND CERTIFWATE Lt.::.l'a v:VV.C9n Y EC+Ll 3, .Y•. I _::'. . u•P Cr I11T L•�.1 111L, .��mr Y.CY F•1 a CC n 1 -n ll I- p.C'I �GRIIP,I - 5=1\G 10 }5I F, nE ]-,.�'^.. Si:A:!I..xCC4 5 J 55!•l.Pa11Y 1ri -lC IFE VIP N4C Fa.- C• 54F[1i,XL `C ] Al N..4� Ci J'C'•J,OL pE . _ ,,.r "EFEr enilr n-n 4 ly F,rv[l:1 er l . r,1V1m. 'l 11 41 CO.r alI IF F.[::c[PS CF YCFS-ILLA1 0}CIF• f S•R ?-L J'p:-4 F l..]:L S- n C]'JCX a Cf.LL [ZC a_ IC.C} 14,1 .O ice, -P 4 .- L ^.r :.''l rho]- 1-C .VC _r +4-C+ V• M1(Vx.1 PL VJ Ip1C Y[A Ctu'n C'] n .-'SLCP.p•T .0 a LLl! 'Yl 54p =.]'SPY pJ.e 1ll]. R BENEFICIARY STATEME4T -„ r , .v .n=r Ec u'i=.o-us.=s 1Em'I c._1 ¢FED- a111r 11 11 FF1.o. �w cur •P P.xn ]•s-n�..=o a. sJ 11 cws - ] C,' $]v'p MF F •�P.p Cll ll2I ELL • 11'- a-]]W.p n -y lr<'.:c CnS L1ipl1! ilnCC..]P [: ` __ _ _ _ Fr _ _ _ LI• � .Frt•M1l•• r •.Il:.l I,. 3]' TRUSTEE'S STATEMENT SOILS REPORT CITY CLERK'S STATEMENT rc 'In lxesr E 1-1 am G 1posr xcpEp c cru-L-T' v:•L. =JeuJ>!I n zu n+66ep cc ml suno.su.4 n,r as a Fx uP.•oxr ,SJ l r.L-1 I. tG C6 c o Ci R r1I-F.CC 5 rS 1 "Irr,14JFR�= .Tti 5 PY+VFS]IL'J L.LFn S rl.-Cl�ll.i YScLS S'J.'. ]F ni J r[.pl:C. F1 ' S]><FC=C.ii FP.OIRi r.p .la-1}I1.rIL 4p OS-01 r' XSS FP.IF p ca m v C!�.Lv SP?..^.iF,+a1E'J L.C?I..a, x[rR6r SrAIC r'Ai cLp r 1`-.}]V!_l A ar SI111C�4.-SC:MI.G,11FI] .CB21LN 14 2p 5 Au]IS O'I rI.0 r^1N l , JU""Y - r �A6,Y ± - - CI.G Inn9[111EL VfP YL'.Y Y _ _ ! 3C R[x in-CIIY r P 1N crF'i. [hLPI:Cx M1G prFAirVLI: .f 6. aP.Atp ri ] flIL1. R'!]G]1LLff1 a"I 9.11 C! - Y r:C ITC^'A"]Y c- J'LI F.F.nI:4o sra[r.- 1= x Cl"'/I. 11 1 FLOP._ crflh cr E M11s pxe.rp: s o, S-x u SFear ,,-w ABANDQNMENT NOTE rS,vG Fri n -r I I,qs cl[M vrX lL OTc=C' !a4 S,F.Fri xF'cs6.,1r au�G n.S s .11-1111 Fill"I L:14 P-11i r s1u: - rsxe'.=al i. II.p cr lF mP -L..-ln C.moa n -4C e':I:IIC,AY III n [:I•F nE 'L•Cpa ,J::x+fl=s'J,.VI .e sE.u - - ] IF Or e - _ i CErp. ri ff_ am :O 1F. C'tt O [ rvY L'143^cR pV `YL+.V.,.V F"'IL V •i3l. V Oin .1 - AC J •11 ]IS; -a IFY'!'P :.Y l - I+ F•G C_•S] 11F.51..1ll'1L FIE.-nILCRFS CF M.Li VDl [pJNr.�r., DI Y•1".111rY 5} SJ Pn FeC]ap5 4 ^ SLE 11 IF F=..- 'I:. 11 Elsl. ,11 IP I.. L.. M. .p �I]n:e v Pn4 %I X.-[!-A} RLu F�1Lc.rl 5 V]r ..'1,V•P IS [✓ -ru.w err r-I r u• 4.IrsP�no E• •oG SIGNATURE DMISSIDNS NOTARY'S ACKNOWLEDGMENT i� -IL" IN 1727 1N THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA SHEET 2 OF 3 SHEETS NOTARY'S ACKU01'lLEDGAAEIa TRACT MAP NO. 33162 rxl• _ SITE BEING A RESUDOIVISION OF PARCELS 3 AND 4 OF PARCEL MAP NO. 23130, AS 10 ¢c•n ar _ _ _, SHOWN BY MAP ON FILE I7! BOOK M. PAGES 50 THROOGN 53, INCLUSIVE, L.+ �m=f •z ___ RECORDS OF RIVERSIDE COUNTY, LYING WI7NIN SECTION J. P.•.xo-r so:aa' rce.la �l la.[eR =In snE. PE=w'1u 1 TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.8.0 _�411Er 'HIII I IS ui;m PFv to p Il, c':�e Esc o s.rrac:cFr EacolEr_'} to vt 10 iL IE.=asurs7 ..`Ips• le.clsl sn=E s�scFleo r r---u1M11.1 n>r:"'u_L1 n'.r MSN CONSULTING, INC MLCEMBER - 20R6 011c-s]Cvlp .p u nw1 I.ERrC.nr 'x¢uzF-.E sa., ry shgl11,sa•I n•zLI VICINITY MAP Il-rlEs.a..J vlr. LY•ICF WCHFSPILLIPTI sf.m�=rs19v If LEIFI]L;.l lrc Pf.x�Jv[.I FOR LQ'IDGMII:IVIA AVRPOSFS o-+.a n11 mE rmn'9'.'.1. a 1z cr Axw w :<><p. •xrcJrp .- :mFwCF: ' .'..' OV Y I=�5 If• P=FC1Fl. rL 'Y ]JSwI�S 11Fs 11 w: I.U.aY]nru:L =_ ROTARY'S AC8710WLEDGMENi ENGINEER'S ROPES s CaJL-r xn_cr L 11 LFhl. wE RsSe or-u Up -TGs I. -Is TPC am[n1 mE CT wawa Pv}c 11 no ca sc s+T. .Tart uc1,x, n 1 ;rcn c.•nc•. cs,.t).a s'.'1IN c'r ll� 9pJ11Fl of 1-1 1, ..jS cl:ILL .1 ]xx 1.1. IT Pacts sr1•U.n., 51 '1.'.III_•.L Or P]P.LG Srwc S.•l F [Pie'T _ CFC u_ .i:]fl1' 'J]rl.'. 1. ••p r- �.G 11 1.--, P ncCrl•11• 4}TAi-C ___ '1•C-,c p 1 P ILC E__659, TFJS11 PC' P V C fnF FF'.-]19 u W rYC EpSS rf y v'xL1CF] C4 Cn.C=) 13 IS'�_=]r LIE vC_p C'I:SM'E= i6 M1C r-C i3OUL.5; nL,, :.A'•C[S I ASC ;VpS'i L_p J Ire n'l-L I'15fr..V_Il'al.0 E I.VA,LC'CO Ia uC M1 c_/Sit:ruI E J'r_�w: "C V YSi-_L. la ILI"?'S • V14�c .R;;I.L I- V=a55 CFC Sra!'oL9 25`=9 NOTARY'S ACKNOWLEDGMENT nrf E=A=1p - rSRr=„-_ sa:.reer, p Illl-JkLT 1, FC=mLr5) cr F.^r ['T.+ ca I r 11 A;f Plrr C"Ti-IU.' LFC:IM13 PILL ]- r1 rC FE,AI:f E1 +. - �eCL I.. 11 .S.al =.1 L••P rP I ICJ-_! LI: ]S 1.11 OIFC^A IL r' a.rvLrc:. ' - 1.. .-rr:n: r_ LI -....- --s CT. .: I..I- « ..�..�. -.E. _ c.._arr r Q11L'ZFI�C _ 1 1• �m qVU i _x 21: _ 1:1 4'J!J JfTt N-.£f;�sr - -- 4 U. c.a -�rfF_nL •rc1� pu - c sT:' =.c=m1•u- i =u 2tnxi15- H lclxr P.uC r1-.r rp= s•n :mL ems..... c. .E�I'r.C.'-ari 14 VL LY ryC 3aSG 4r cr,r.S,A..�]i c"]J:=Cf J 1 EP.E..I:fy'{r.M1CF_ 1..aL{3f,.'lt sc9sL^.132 9 iM1� 1 1:1 n5 F.I.E•Il�!] :rF1.11 '✓q•- 11.1 R'1.-,-I •,, IIF U,�a kET rEF,LT,TM1C � If5'Y• 4riCFlC 1. IIiI IR_F P4 p Ipl/5]-55, Gie tt;43. h [T ]'I.117 RE:<SS rJ1;ClSi LINT£ .Y11FLVrN' I` (`_I.'"* II C, rPr 'N Ir' :'=fN 3.nlI OF N"ILV 1I1 rCRr'.V.ar Q CI CLIC]ric IIWRLI1r! lF., .Ca C$ >eLn_Eee41V6 f CCVV><I.",r E V FE5W-ZIO" •: M1FPIr • IP -F CV YLCS _ 1:._ll[C I CFiC[.rtv m -•A. a.c.m... IFIL - urea .n,, sl:rno FunlEr P ,. 11` J II'''' s R..eF�dC _ ¢L.•.n SIGNATURE OMISSIONS L' ' I cC.iP LTC yL'L_I T.114 In!yam- "'IC1L :.'alM1 E•_tY h� -CF SI. CnI'll- TA-1 =JpL I .V.0 15F LI]ST-11 'IIiSL[•!I " S C.J1. E61]>A 'F,, SUE,,. [ M1E 5 FLFFU cS RUY':p Y fELI! =r riLu �11,12 •_ _ Illc aLC,I I ^'`P .n.='ci .hit l}i'P� �lECk15 - •: >.c' .P 1 5 -•[ss rsu[vr Rmlv,n lxEu•1 1z1. TIE], -FCT. e r_ U ,M1O LT vr1) -_ a.,-L - o,, r n5 a s¢L c .1n T o P e s5! 1. . Ira FLc= .� s aa�u_nT afr[cn..: r.r =`xc-ap IF SrvF1'�5 rP-�Pa a1 FL v]S,5 PC3 !>T 3 C I ,5` �f. En`.F]ee'F' _, ]R SU 1 I A '.1Rn rl,lil[ FI V: >T'IPm R[E 26.31'0> 5[1 N.6 IUDBLS/ir '1 I!r_FEST .2 CILr.^.P'1" C E:T.�C I-CAC> TAG 14 L I I-C-PI6 TMPEa RC C >61n1'CR NV� P41' la].F C]"FAIn ::Ip EP,Ci1 c11S1-F .4 •VIP el 19 Clll Cl r.!'.ILTF:CIS .GTtJJ I:l -TH"'I: l!..111 1..., :5 C:.��pliU..Al LO. M..RFC=S Y.., '401ARY'S ACKNOLVLEDGUEN7 eavFrerc. nr.nLs, Lr x r ze Fv E Ln-S _,p wm:._ =J"II'M F-n ra III' =c-Es uFrCss n•PE�x sr GTp TOTAL HID G W M14G E 13.961 ACES ila.E Cr CILN=v+ 1 4ETTEREIP}�WC STIR Lp15 = 2 LOS 55 IERrP.Ep RICtlJC STr:RT LOTS 1 LET c:6v.r crR�rs'SIVz- l c, :Y1RY LDF`L sm'i - s FCFE S"g- Sfillan MONUMENT ROVES ILf ",'• c sl.n iCn 0 r FEc91.%Lr OFFl r. i II 'L Oa�ptizr £_i•4gT+`�s_{'ettr rnan EASEMENT NOTES C o cpPe fi,.os o=o 'RCE ].e 46 R"I P.P Fop FE=S..VeLr rn C•-•I c _ Inx-FT.E c yE rl C,S jr �ll.s 4?cr F EcS Si -ss t u3 1 k.]-I :-¢I[]AS w !!I I lroF .CT., TO EC r,, 'NSr rr 'F '. S•r^C l]•u P -. PI:C M' .I'FOL.Y I! ' 'I E aI,L- A_I19 C'IV P:�[•, LP. 1•IIJC CCFF'T- LIT a C. IF_u NII I.::III. .'1r1 'll.h•V Dl1 CiTl'C']lc L.1 1 FIE ✓/`-It.=Iry' L•cuC2 9 l 11- r. f/rlrr"'IM1e°Nli 7R I f., -IC C ITS -� .`..III ]]. [- .. 1 I.1 .F _ Ea lrlttpl s1 s l'V 6Y 1' :A rn.Er va.I'[fs1 p:. FIT L=_w11 UT '. FE=sc1.a1 r e'Ps,IN __ E o_6 x Iw: Lr RR.I ID1/w-� IP Tr c IT- a :., K.11 9 :-w nN =CIF . ,_: .11 r•cu r•nc r s .1 m ; Elsa•a -` I..c�.1 Ir _`6 IJ P 14 T•J=:+r CCLIFr 1 II J. 13 r 1>2 + P.In F -1r az.r u I 1s/xz •arAa. s...7 FF ! a,r ,.n 1nc. r J. �a6.1_ 1, cc-1•as.J•. f.r 1=s-If 8'�E:-$ Pna_=11-L•a.- rL=rrt.< _ .e 1 A/I.. s ..z nL,.1 Pa 1>T/=a-5] 1 cL>1•o uNrcnnl c1 -a!ocCn u,s.,p M11.T wu s..L•:uL :� - 1\1.IQrs lae. ]]].IF• L .- ,1r C.• Si, tc A'f VR._s[ l4 1a'r..-a- L Acr I,aL 5] worm mT., r - Pss,swTE - � � p iCfp e ` 9fN 11 C6.FOP r 1 1PI/_p-:.v. .Pc _s".1_..J.rT LI .Vp [./ J n:1.1.1, w.r•.: © x,Te xcL zs,e cn p 111 c v ua1 ..nL rP au3 I. r_ J 11 472. Oi A 114 THE CfP( OF PALM SPRINGS, COMM OF RIVERSIOE, STATE OF CALIFO,RNIA SHELF 3 OF 3 SHEETS L ' TRACT MAP NO. 33162 _f LNE DATA __I oFRlG A RFStlBO1VlSlO,v OF PARCELS 3 hllO 4 OF PdRCEi AIAP NO. 23130, d5 CURVE DATA —'ice SHOWAJ FIT FAAP O7! FILE 1N BOOK rap, PAGES 50 rH4OuGH 53, HCWsrVE, •- RECO�ROS OF RIVERSIDE COUNTY, LYf11G WITHIN SECTfON 3, —' - 2. ,Ln'lYi— TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M1f. _-- v n' \` DETAIL 'D' s MSA CONsuunxG, INC. UECEM BLR - 201164-3.21 _ -,x FOR CONOOMINIUM PURPOSES — e 1,1 31-V 21 y4 LOT A'' '- I''�'-�•..-.e ra \t. TAP*�4• - �. 0 w3a I��s" yf n . . S'L" --SEE OETAR 'B' ` 9p\4 ci�I mcS - AT TOP !K SAB A'ARCO ° o p., u' lb s ___ E5 9'I WAY 'i — x�� \ 'h �L� Ins - wsn 'c�o y 44 uz DETAL!A' v' e ���� x{ ��: _ � 1 "l .l i.r' •,•i _ ,� �T,iCTI =ILC' SEE EE- AL'C' •� .•� .n ` / <'/• AT 6OTTOM LEFT LOT 1 YL 4 , ••is LOT 3 i_) DETAIL'G' L-__o-' ___ SEF DETAIL 'A' AT GENTER LEFT / - „eo - •- - _ t +�- 'i -� \ �1i' - SAN MARCO'WAY -ti�sa• <. e., n,� ='I -90 ,, LOT'A'SEE DETAIL'B' '`S'. 'El J .I Pl i:l •i. L� 3 .. TOP LEFT 'IL�\'bma :.J J J..- 1727 i ti �f r Y 4 F i, 5 A°N F f ATTACHMENT SUBDIVISION IMPROVEMENT AGREEMENT d" A M1\ f�,1A SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM SPRINGS MODERN HOMES VI, LLC A CALIFORNIA LIMITED LIABILITY COMPANY TABLE []FCONTENTS 1. Construction Obligations. ............----....................... .1 1.1 Works of Improvement-----........................ .............. '^.--'--..^-�� 1.2 Other Obligations Referenced iRConditions of TentativeMap Approval ............... -------___.................................................2 1.3 Intent of Plans ........................... .................................... .............. ...........2 1.4 Survey Monuments__-.................................................... ------ .......-,2 1-5 Performance of Work ..................................................................-...........2 1.6 Changes in the Work............... .................................................................^2 1.7 Defective Work... ........................................ ^^—_---------^'_~^3 1.8 NO Warranty by City........................................... ....... ,,,,,,,,,_ ........^3 1.9 Authority of the City EOgiR88[. ................ ........................................... 3 1.10 Documents Available @t the Site ----------------------------------------------------------------3 1]1 Inspection....... ._'—~......................... ------------. ..... ....~------~^3 1.12 Compliance with Law....................... ........................................................4 1]3 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 M@i8UPB..............................................__,,,,__,_,_,,_,,, .......5 2AContinuous Work..................... ----------- ......................................................5 2.5 Reversion 03ACre@ge-~.... . .................... .---_—.,, ...._ --------------5 2.6 Time Ofthe Essence ...................... ...........................................................6 3. Labor................. -------- ......... ...................-- 6 3.1 Labor St@OdaDds—.................--_`,_,,_,,,,,,,,,,,,,,,~.6 3.2 Nondiscrimination............ ........................................................................_6 3.3 Licensed Contractors ..... ------- ..... .... ...................................................._6 3.4 Workers' Compensation................. .---- ............................................6 4. security........ -----_... ,,,,,,,,,,.^ ................... ,,,,,,,,,,,,,,,,,,,,,,,.6 4] Required Security.................. .............................. ^~..~~~~. ............._6 4.2 Form of Security Instruments ......................... .........................................7 /1.3 Subdividers Liability................................ ................................................8 4.4 Letters Of Credit......................... ................. ...........................................8 4.5 Release oF Security Instruments ................................................................9 l ,~ � ^, 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 .... . .............................................9 6. Acceptance of Offers of Dedication..................................................................... 10 7. Warranty of Work......... •. . ............................................................................. 10 8. Default . .............................. • . . . .............................................................. 10 8.1 Remedies Not Exclusive ............ . . . . . .......................................... 10 8.2 City Right to Perform Work.. .................................................................. 10 8.3 Attorney's Fees and Costs ........................ • ...-................................... 11 9. Indemnity................... ...................................................................................... 11 10 General Provisions............ ............................................... ..11 10.1 Successors and Assigns-.................................................... • • -------- 11 10.2 No Third Party Beneficiaries....----------------•--.............................................. 11 10.3 Entire Agreement; Waivers and Amendments .........................................11 11. Corporate Authority.............................................................................................12 2 i " 0 "I SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of , 2007, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and PALM SPRINGS MODERN HOMES VI, LLC, a California Limited Liability Company (Subdivider'). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 33162 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 Lot "A" for street, public utility, and sewer purposes; variable width easements for sidewalk purposes over Lot 1 and 2; 20 feet wide easement for sewer purposes over Lot 1, as shown on the map; and City desires to accept said dedications on final map, and certain other improvements as described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein- 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred 1 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 $7,0%500.00. 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). 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. 2 1.6 Chances 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 Subdividers 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 En ineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site_ Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdividers 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- 3 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 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 4 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 Reauirements. 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 Majeure. 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 Acreage. 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 5 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. 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 Required Sect. (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 6 $7,010,500.00 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 $3,505,250.00 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 $3,500.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $1,051,575.00 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 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) 7 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, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. 8 (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 separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 9 5.2 Payment to City for Cost of Related Inspection and Engineerinq 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. 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 10 i I default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity- Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor 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. 11 lJ°_, 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authoritv.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. N W W N W (Signatures on Next Page) 12 �I 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: PALM SPRINGS MODERN HOMES VI, LLC, a California Limited Liability Company By: 5 KDS CORP, a California Corporation Its Managing Member Check one: `Individual—Partnership r Corporation*_Company *Note, for orpor ns wo corporate officers must sign this Agreement, as indicated below r all ers uthorized agents must sign this Agreement. B B : ignatur a ' ed) Signa re (notarized) Name: Dennis A. Cunningham Name: Andrea C. Cunningham Title: President Title: Secretary (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 13 Mailing Address: Palm Springs Modern Homes, VI, LLC c/o Palm Springs Modern Homes P. 0. Box 1587 Palm Springs, CA 92263 (760) 320-8773 (760) 320-8774 (fax) 14 ALL-PURPOSE ACKNOWLEDGMENT State of I CAPACITY CLAIMED BY County of _�+yev�:cce _ SIGNER On me before before me, Pmi x lrzrh Date Name, Titl of O icer ❑ INDIVIDUAL(S) personally appeared Crcnn,NU n , , c. z �,q ❑CORPORATE NAME(Sj OF SIGNER(S) OFFICER(S) ❑ personally 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/are subscribed to the within oATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed oTRUSTEE(S) the same in his/her/their authorized capacity(ies), and that by ©SUBSCRIBING WITNESS his/her/their signature(s) on the instrument the person($) or the ❑GUARDIAN/CONSERVATOR entity upon behalf of which the persons(s) acted, executed the ❑OTHER instrument. Witness my hand and official seal. C AMI J. COUGHERTY SIGNER IS REPRESENTING: }r �p %#L 1T32211 rn Sig IYota JaNOTACo"RY P094C-CALIFORNIA N RIVERSIDE CONNTT MY CON` fxP MAR.ii 2N11'' 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 DocumenttIJhavlsrcn 1imr�wr.rrlc.vLi MUST BE ATTACHED TO THE DOCUMENT Number of Pages LZ DATE OF DOCUMENT �� DESCRIBED AT RIGHT: Signers Other Than Named Above 15 EXHIBIT "A" TRACT MAP 33162 LEGAL DESCRIPTION Tract Map No. 33162, as recorded in Map Book_, Pages through inclusive, records of Riverside County, California. 16 Resolution No. 21711 Page 6 EXHiBITA CUP 5.1103, MAJ 3.2941, TTM 33162 Palm Springs Modern Homes VI, LLC Southwest Corner of North Palm Canyon Drive and Tram Way 2855 North Palm Canyon Drive CONDITIONS OF APPROVAL September 20, 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 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 Tentative Tract Map 33162, Major Architectural 3.2941 or Conditional Use Permit 5.1103. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in 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. Resolution No.21711 Page 7 3. That the property owners) 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 between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% 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. e 5. Pursuanl to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477(Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The 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 6. 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: • MM III-1 The City's Fugitive bust Control Ordinance (Chapter 8.5 of the Municipal Code) requires a Dust Control plan which shall be submitted to the City Engineer for approval and which shall include but not be limited to the following: l cf`7 Resolution No.21711 Page S o Adequate watering techniques shall be employed to partially mitigate the impact of construction 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. o The wheels and the lower portions of transport trucks shall be sprayed with water before they leave the construction area. o Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space 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 blowsand. o Grading activity shall be suspended when local winds exceed 25 miles per hour and during the first and second smog alerts. o Construction access roads shall be paved as soon as possible and cleaned after each workday. o All trucks hauling dirt, sand, soil, or other loose dirt material shall be covered or have 2 feet of freeboard. o A short-term stabilization plan shall be included in the plan for after hours and weekends. The applicant shall forward the plan to SCAQMD after approval. • MM III-2 The project proponent shall notify the City and SCAQMD 24 hours prior to the initiation of earth moving activities. • MM III-3 The City shall notify the SCAQMD within 10 days of the completion of earth moving activities. • MM III-4 Construction signage in conformance with City standards shall be posted on Tram Way, San Marcos Way and Palm Canyon Drive regarding the reporting of blowing dust on the site. • MM III-5 Earth moving operations shall include a water application system while earth moving is active. I I Resolution No.21711 Page 9 • MM III-6 Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. • MM-111-7 Construction access roads shall be paved as soon as possible and cleared after each workday. • MM-Ill-8 Paving activities and use of equipment for construction of buildings shall not be used concurrently. • MM V-1 An Approved Cultural Resource Monitor(s) as indicated by the Agua Caliente Tribal Historic Preservation Office shall be present during any survey and/or ground disturbing activities_ • MM V-2 Should cultural resources be encountered during site construction in any portion of the site, work shall immediately cease and a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), BIA, the Tribe and the City, and resolved to their satisfaction. • MM V-3 The petroglyph-bearing rock found in the project area, as described in the study by CRM Tech (September 2004), shall be collected, analyzed and if necessary, properly curated, The Agua Caliente Band of Cahuilla Indians shall be notified of the find. • MM V-4 Copies of any cultural resources documentation generated in connection with this project shall be given to the Agua Caliente Band of Cahuilla Indians for inclusion into the Agua Caliente Cultural Register_ • MM VIA Prior to the initiation of site grading, a meeting will be held between the project sponsor and the Soil Engineer shall be held at the site to assure a complete understanding of the recommendations included in the Geotechnical Investigation. • MM VI-2 Imparted fill materials shall have an Expansion Index not exceeding 20. The Soil Engineer shall be contacted 48 hours in advance of importing soil to allow for evaluation of imported materials. Approval by the Soil Engineer will be based upon material delivered to the site and not the ® preliminary evaluation of import sources. L�'130 Resolution No.21711 Page 10 • MM VI-3 Tests and observations shall be performed by the Soil Engineer during the grading process. Field density testing shall be performed to assure that compaction is a minimum 90 percent of the maximum dry testing as obtained through ASTM test methods. Additional compaction shall be required should testing results indicate insufficient density. • MM VIII-1 The project applicant shall create an On-site retention or other facilities approved by the City Engineer that shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Report for Tentative Tract No. 33162, prepared by MSA Consulting, Inc- on May 11, 2006, MM VIII-2 The project applicant shall obtain coverage under the State of California General Permit for Discharges of Storm Water Associated with Construction Activity. 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 River Region from the Colorado River 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 ("MS4'), 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 Restrictions (CC&R's) required for the development. MM XI-1a A six foot high barrier shall be installed around the private open space of first floor units in Buildings B1, 62, B3, El and F1 that face North Palm Canyon Boulevard. • MM XI-2 A four foot high wall shall be installed on all second floor balconies for each unit in Buildings B1 through B3, El and F1 and for the eastern-most unit of Building Al_ ' I Resolution No 21711 Page 11 - MM XI-3 A six foot high barrier shall be installed for Pool A along the side adjacent to North Palm Canyon Drive. • MM XI-4 All barriers shall be solid from top-to-bottom, except for drain holes. The following materials may be used for the construction of this barrier. o Masonry Block o Stucco on Wood Frame o %" Plywood c Y<" Glass or'/z" LEXAN o Earth Berm The preceding materials may be used in any combination. Other materials may be used that are rated 3.5 pounds per square foot surface weight or greater. Barrier construction and materials used shall be in conformance with all applicable local laws and development standards and are subject to the approval of the City Planning Commission. • MM XI-5 Air Conditioning units shall be installed in all units in Buildings Bl through B3, El and F1 and the eastern-most unit of Building Al. MM XI-6 All windows in Buildings B1 through S3, El and Fl and the eastern-most unit of Building Al shall be installed with dual- pane windows with a Sound Transmission Class (STC) rating of 35 or higher, • MM XI-7 Construction activities shall be limited to 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- ]VIM XI-8 The perimeter wall on the western and northern property lines shall be installed immediately following precise grading of the site, if not sconer. MM XI-9 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. 1 MM XI-10 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. L1r-Ir9? Resolution No, 21711 Page 12 • MM XI-11 Stockpiling and vehicle staging areas shall be located in the ' northeastern portion of the property, as far away from existing residential units as possible. • MM XI-12 Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located in the northeastern portion of the property, as far away from existing residential units as possible_ • MM XI-13 Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. • MM XV-1 The south side of Tram Way shall be constructed to its General Plan width, as approved by the City Engineer. • MM XV-2 The project proponent shall pay a "fair-share" contribution of 10.90/o of the cost of geometric modifications and street improvements as necessary to widen the western portion of the San Rafael Drive and Indian Canyon drive intersection. Improvements shall be in a manner that improves intersection capacity as acceptable by the City Engineer. MM XV-3 Left hand turn lanes shall be installed on Tram Way at both project access locations, subject to the approval of the City Engineer. 7. 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 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. 8. Air quality standards shall be maintained through the use of construction mitigation measures, including the City's Fugitive Dust Control Ordinance. An archaeological artifact was found during a survey of the site. This artifact Will be properly collected, analyzed and curated if necessary. 9. The Aqua Caliente Band of Cahuilla Indians will have a monitor present during ground disturbing activities to check for the presence of archaeological artifacts or human remains. Resolution No.21711 Page 13 1 10. The Soils Engineer shall inspect the imported fill materials to ensure that they are suitable for the development. Retention basins have been proposed to contain all storm water on site, minimizing impact to the City's storm water conveyance system. The applicant is required to obtain coverage under the State's General Permit for Discharges Associated wish Construction Activities. 11. The developer shall implement noise attenuation measures to prevent residents from being exposed to noise levels that exceed the requirements of the General Plan and the City's Noise Ordinance. A six (6) foot high wall and berms shall be installed along the project perimeter that abuts North Palm Canyon Drive. All second story units in Buildings B1 through B3, El and F1 and the eastern-most unit of Building Al are required to have a minimum four (4) foot wall on their balconies_ To ensure safe access to the complex and to avoid traffic hazards on Tram Way, left hand turn lanes will be required at each of the project's entrances. 12. The south portion of Tram Way shall be constructed to its General Plan width to ensure adequate circulation (50 foot Right-of-Way and 8 foot sidewalks). The applicant shall pay its "fair-sham" of the cost of improvements to the west leg of the intersection of San Rafael Drive and Indian Canyon Drive to ensure adequate intersection capacity for this project and future development. CC&Rs 13. 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 properly in a good condition and in accordance with all ordinances. 14. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,000, 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. Cultural Resources 15. 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. 1 Resolution No,21711 Page 14 a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) ' shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with 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 Services Department prior to final inspection. Final Design 16. 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. 17. An exterior lighting plan in accordance with Zoning Ordinance Section 93,21,00, Outdoor Lighting Standards, shall be submitted for review by the Architectural Advisory Committee Services prior to the issuance of building pen-nits. The Director of Planning Services will approve exterior lighting plans after consideration of any recommendations by the Architectural Advisory Committee. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 18. A final materials board shall be submitted for review by the Architectural Advisory Committee prior to the issuance of building permits. The Director of Planning Services shall approve the final materials board after consideration of any recommendations by the Architectural Advisory Committee. Resolution No-21711 Page 15 Public Safety CFD 19. 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 et seq., or other appropriate statutory or municipal authority- Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. General Conditions/Code Requirements 20, Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause- 21. The Conditional Use Permit approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 22. The appeal period for Conditional Use Permit application and a Major Architectural application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 23. Existing palm trees along North Palm Canyon Drive shall remain in place. Removal of or damage to existing palm trees along North Palm Canyon Drive shall be replaced in accordance with Planning Commission Resolution No- 1503, dated November 18, 1970, subject to the review and approval of the City Engineer. 24- 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- 25. 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- Resolution No.21711 Page 16 26, 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. 27. 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. 28. 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_ 29. 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, 30, Perimeter walls shall be designed, installed and maintained in compliance with the comer cutback requirements as required in Section 93.02.00.D. 31, The design, height, texture and color of building(s), fences and walls shall be submitted to the Planning Services Department for review and approval prior to issuance of building permits. 32. Submit plans to the Planning Services Department for approval of a trash and recyclable materials enclosure that is in compliance with city standards prior to issuance of a building permit. 33. The street address numbering/lettering shall not exceed eight inches in height. 34. 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. 35. 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. Resolution No. 21711 Page 17 36. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 37. The applicant shall provide all tenants with Conditions of Approval of this project. Conditions of Approval shall be included with the distribution of CC&Rs. 38. 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". 39. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed Structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 40. Handicapped spaces shall be appropriately marked per Section 93.06.00.0.10, 41. 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. 42. Parking lot light fixtures shall align with parking stall striping and shall be located two to three feet from curb face. 43. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 44. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details shall be provided with final landscape plan. 45_ Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. A continuous 6" barrier curb shall serve as wheel stops. 46. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. Resolution No.21711 Page 18 47. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. Engineering Department Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 48. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 49. Applicant shall obtain State permits and approval of plans for all work done on State Highway 111. A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the issuance of any building permits. 50, Submit street improvement plans prepared by a California registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. NORTH PALM CAMYON DRIVE(STATE HIGHWAY 111) 51. Construct a meandering 8 feet wide sidewalk behind the curb along the entire , frontage in accordance with City of Palm Springs Standard Drawing No, 210, 46a_ Dedicate an easement for sidewalk purposes for those portions of the meandering sidewalk that extend onto the subject property. 52. Construct a Type A curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of North Palm Canyon Drive and Tram Way in accordance with City of Palm Springs Standard Drawing No. 212, 53. All broken or off grade street improvements shall be repaired or replaced. TRAM WAY 54. The applicant shall coordinate with the Mt. San Jacinto Winter Park Authority as necessary to remove and relocate the existing Tram Way access gates and directional signs to the Tram. The access gates and directional signs shall be relocated beyond the proposed driveway to the individual unit located at the southwest corner of the property, as required by the City Engineer. Resolution No,21711 Page 19 55. Construct an 8 inch curb and gutter, 38 feet south of centerline along the entire frontage, and construct an appropriate transition to the existing curb and gutter at the southwest corner of the intersection of North Palm Canyon Drive and Tram Way in accordance with City of Palm Springs Standard Drawing No. 200. 56. Construct a 14 feet wide driveway approach located approximately 125 feet northeasterly of the southwest comer of the site, in accordance with City of Balm Springs Standard Drawing No, 201. An on-site vehicular turnaround (hammerhead or similar configuration) shall be constructed. 57. Construct two 50 feet wide new street intersections located approximately 440 feet and 1,025 feet from the centerline of North Palm Canyon Drive. The new street intersections shall be constructed with 25 feet radius curb returns and spandrels, and 6 feet wide cross-gutters, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The medians located at the two new street intersections shall be located on-site. The street intersections shall be subject to the review and approval of the City Engineer and Fire Marshall. 58. Construct a meandering 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 53a. Dedicate an easement for sidewalk purposes for those portions of the 1 meandering sidewalk that extend onto the subject property. 59. Construct Type A curb ramps meeting current California State Accessibility standards at each side of the two street intersections at Tram Way and in accordance with City of Palm Springs Standard Drawing No. 212. 60. Construct a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline 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. SAN MARCO WAY 61. Dedicate additional right-of-way for a property line - comer cut-back at the southeast comer of the subject property in accordance with City of Palm Springs Standard Drawing No. 105, as may be necessary. 62. Construct a 6 inch curb and gutter, 20 feet north of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200, Resolution No.21711 Page 20 63. Construct a 6 inch curb and gutter throughout a standard knuckle at the intersection of San Marco Way and Cardillo Avenue, in accordance with City of Palm Springs Standard drawing No. 104 and 200. A full knuckle shall be constructed. 64. Remove the existing curb returns at the northwest and southwest corners of the intersection of San Marco Way and North Palm Canyon Drive and construct new 25 feet radius curb returns with spandrels in accordance with City of Palm Springs Standard Drawing No. 206_ 65. Construct a 6 feet wide cross-gutter across the west side of the intersection of North Palm Canyon Drive at San Marco Way with a flow line parallel with and 32 feet westerly of the centerline of North Palm Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 200_ 66. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 67. Construct Type A curb ramp meeting current California State Accessibility standards at the northwest and southwest corners of the intersection of San Marco Way and North Palm Canyon Drive in accordance with City of Palm Springs Standard Drawing No_ 212. 68. Construct a minimum pavement section of 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline 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. ON-SITE 89. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. 70. On-site drive aisles shall be constructed with curbs, gutters, and cross-gutfiers, as necessary to accept and convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards. C n n` Resolution No.21711 Page 21 71. Gated entry designs shall be reviewed and approved by the City Engineer and Fire Marshall. Submit a detailed entry design showing storage lanes and maneuvering areas. Include standard vehicle and truck turning radius track lines on the detail. Sufficient storage shall be required (50 feet minimum) for vehicles entering the gated project and a tum-around maneuvering area shall be provided for vehicles unable to enter the project. 72. The minimum pavement section for all on-site drive aisles and parking spaces shall be 2'Y2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. 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. 73. Parking shall be restricted along the drive aisles as necessary to maintain a 24 feet wide clear two-way travel way, except for designated parking spaces and parking bays. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the drive aisles as necessary to enforce parking restrictions_ A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. SANITARY SEWER (PUBLIC) 74. The applicant shall extend the public sewer across the subject property, in accordance with the Master Plan of Sewers. The sewer line extension shall be designed to accommodate anticipated future sewage flows from tributary areas north of Tram Way. A gravity sewer line system shall be designed and constructed in accordance with the "Master Sewer Exhibit" prepared by MSA Consulting, Inc., revised to meet minimum City sewer design standards (minimum slope = 0.0035 at minimum velocity = 2 feet per second). An analysis of the proposed sewer extension and the calculated flow rates and velocities shall be provided to the City Engineer for review and approval. In the event a gravity sewer line system can not be designed across the property meeting minimum City sewer design standards, the applicant shall be responsible for the design and construction of a sewer lift station at San Marco Way, as necessary to extend sewer service adjacent to the project, within North Palm Canyon Drive to Tram Way. 75. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 76. 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 to issuance of any building permits. Resolution No.21711 Page 22 77. Extend the existing 12 inch V.C.P_ sewer main from the sewer manhole located at San Marco Way and Junipem Avenue across the site and within the on-site drive aisles located no more than 5 feet from centerline, as required by the City Engineer, to a manhole located at the northwest corner of the intersection of Tram Way and North Palm Canyon Drive. In the event a gravity sewer line system can not be designed across the property meeting minimum City sewer design standards, install a sewer lift station on the north side of San Marco Way, west of North Palm Canyon Drive, and extend 12 inch V,C.P. sewer main in San Marco Way to North Palm Canyon Drive, and in North Palm Canyon Drive to Tram Way, as required by the City Engineer. 78. 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. 79_ If public sewer is extended across the site, dedicate a 20 feet wide sewer easement over the extended 12 inch V.C.P. sewer main. The easement shall be kept clear and free or any and all obstructions to allow for the continued operation and maintenance of the public sewer main within the easement. Construction of permanent structures, swimming pools and equipment, or other improvements determined to be an obstruction of the public sewer easement shall not be allowed- Planting of large trees or other planting material with invasive or deep root structures shall be restricted. Access to the public sewer easement shall be maintained and provided to the City of Palm Springs. $o_ Provisions for maintenance of the public sewer easement, acceptable to the City Engineer, shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this development. Notice shall be clearly included in the CC&R's defining the restrictions of development within the easements. The CC&R's shall advise the Home Owners Association, of the City's right to enter the site, clear and remove any and all improvements and/or obstructions within the easement, and give the City the right to charge all costs incurred in enforcing this provision, to the Home Owners Association. The CC&R's shall also advise the Home Owners Association of the fact that the City is not required to replace in like kind any landscaping or other improvements within the public sewer easement, in the event repair or replacement of the sewer main is required, and that the City shall be limited to leaving the property in a rough graded condition following any such repair or replacement. SANITARY SEWER (PRIVATE) 81„ All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. Resolution No. 21711 Page 23 I 82. Sewer plans shall be submitted to the Engineering Division for review and approval by the City Engineer. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P_ sewer main and standard sewer manholes. All on-site private sewer systems shall install sewer manhole covers with the words "Private Sewer". A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division, 83. The on-site private sewer system shall connect to the extended public sewer main across the property with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405, GRADIIVG 84. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit_ a. 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 contractors Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbooks, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. Resolution No. 21711 Page 24 b_ The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 85. The applicant shall obtain approvals to perform off-site grading and install off-site stone drain improvements (as necessary to accept and convey off-site stormwater runoff) from the record owners of the property identified by Assessor's Parcel Number 504-040-046. Approvals shall include, but not be limited to, a right-of-entry and permanent slope easement, a maintenance and joint use agreement, or other legally recognized approvals, subject to the review and approval by the City Engineer and/or the City Attorney. Of-site approvals by the adjacent property owner shall be required prior to approval of a grading plan. 86. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 87. 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 pem7it. 88. 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) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 89, 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 Engineering Division with the first submittal of a grading plan. 90_ In cooperation with the Riverside County Agricultural Commissioner and the Califomia 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). Resolution No.21711 Page 25 DIMINAG,E 91_ All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. The Preliminary Hydrology Report for Tentative Tract No. 33162 (prepared by MSA Consulting, Inc., dated May 11, 2006) shall be finalized to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the final hydrology report by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology report. 92. 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 River Region from the Colorado River 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 ("MS4"), 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 Restrictions (CC&R's) required for the development. 93. The applicant shall install a drywell, or series of drywells, within each retention basin proposed in the development as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywells shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of the dtywells by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywells if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of Resolution No_21711 Page 26 drywells in the event the HOA is non-responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations_ 94. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 95. Construct drainage improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site streets into the on-site retention basins, as described in the Preliminary Hydrology Report for Tentative Tract No. 33162, prepared by MSA Consulting, Inc„ dated May 11, 2006. The hydrology report for Tentative Tract Map 33162 shall be amended to include catch basin sizing, storm drain pipe sizing, and retention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements_ 96. All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. The CC&R's shall include appropriate legal authority to enter the property identified by Assessor's Parcel Number 504-040-046 to operate and maintain the off-site storm drain improvements_ 97. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15169. Fees shall be paid prior to issuance of a building perrnit. GENERAL 98. 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. 99, All proposed utility lines shall be installed underground. C)^, _c Resolution No.21711 Page 27 100. In accordance with Chapter 8,04.401 of the City of Palm Springs Municipal Code, all existing and proposed 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, abutting, and/or transecting, 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. The existing overhead utilities across the northerly and southerly property lines meet the requirement to be installed underground. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 101. 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. 102. 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 2004 drawing file), DXF (Auto CAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 103, 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 final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 104. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property_ Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a grading permit. Resolution No.21711 Page 28 105_ Nothing shall be constructed or planted in the corner cut-off area of any intersection or 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. 106. 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 107. 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 review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 108. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map, or in the absence of a Final Map, shall be submitted and approved by the City Attomey prior to issuance of a Certificate of Occupancy. 109. Upon approval of a final map, the final map shall be provided to the City in G.I_S_ digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map - annotation consistent with annotation shown on the map; map number; and map file name. G.I_S_ data format shall be provided on a CDROMIDVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arulnfo Coverage or Exchange file (eoo), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. 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. 110. Relocation or abandonment of record easements across the property shall be performed in conjunction with or priorto approval of a final map. An easement to Palm Springs Water Company (for pipelines) recorded July 14, 1955 in Book 1766. Page 434, D.R., shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of Resolution No.21711 Page 29 the extinguishment, quit-claim, relocation or abandonment of the record easement, building permits for proposed buildings encumbered by the existing record easement will be withheld until such time as this easement is removed of record and are not an encumbrance to the affected buildings. TRAFFIC 111. As determined by the Tram Way Residential Project (TTM33162) Traffic Impact Study (dated July 11, 2006) prepared by Endo Engineering, the following mitigation measures will be required: a. Pay a fair share contribution determined as 10.9% of the cost of geometric modifications and 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. The applicant shall provide an Engineer's estimate of the improvements to the City Engineer for review and approval, and shall pay the fair share contribution of IMO/. of the approved Engineer's estimate prior to approval of a final map- b. Westbound left turn lanes shall be striped for bath site access intersections on Tram Way. The eastern site access shall be located approximately 450 feet (centerline to centerline)from North Palm Canyon Drive_ A 100 feet long left-turn bay with a 60 feet long transition for the eastern site access shall begin approximately 265 feet from the Palm Canyon Drive centerline. Similar geometries shall be constructed for the western site access. 112. Install traffic striping and signage improvements at both of the site access intersections on Tram Way to provide 12 feet wide westbound left-turn lanes, Parking shall be prohibited along the Tram Way frontage. Submit traffic striping and signage plans to the City Engineer for review and approval. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 113. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at both of the site access street intersections on Tram Way in accordance with City of Palm Springs Standard Drawing Nos, 620-625. 114. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. Resolution No,21711 Page 30 115. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the North Palm Canyon Drive, Tram Way, and San Marco Way frontages of the subject property_ 116. 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. 117. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 118. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department 119. Developer shall comply with Article 11 of Chapter 8.04 of the Palm Springs Municipal Code, Building Department 120. Prior to any construction on-site, all appropriate permits must be secured. ADA Compliance 35. Prior to the issuance of building permits, the site plan shall be revised to indicate that the primary entrance into each ground floor dwelling unit us to be on an accessible route providing an unobstructed path connecting all elements of the accessible building which can be negotiated b a person using a wheelchair. Accessible elements include all common area facilities, access to the public right- of-way and public transportation, if available. 36. Prior to the issuance of a building permit, the site plan shall be revised to indicate that at least 10% but not less than one of these multi-level dwelling units is to provide an unobstructed path connecting all of the elements of the accessible building which can be negotiated by a person using a wheelchair. Accessible Resolution No.21711 Page 31 1 elements include all common area facilities, access to the public right of way and public transportation if it is in that area. Fire Department 121. Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, Knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. 122. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 123. Residential Smoke Detector Installation_ Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2- 22.1 NFPA 72) provide a note on the plans showing this requirement. 124. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC) 125. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 126. 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 fonn_ (902.4 CFC) 127. 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) 128, Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plant. Show requirement in plan notes. 129, Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 002 CFC. (902A CFC) Resolution No_21711 Page 32 a. Minimum Access Road Dimensions: 1. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. 2. Roads must be 32 feet wide when parking is allowed on only one side of the roadway. 3. Roads must be 36 feet wide when parking is not restricted. 130. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (9022.2.4 CFC) The City of palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammdrhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 131. 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) 132. Mandatory Fire Sprinklers: Project beyond five-minute response time from the closest fire station and therefore requires an automatic Fire Sprinkler System. 133. Fire Alarm System: Fire Alarm System required. Installafiion shall comply with the requirements of NFPA 72. 134. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. CFC 902.2.1 135. Fencing Required_ Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 136. Construction Site Guard: A construction site guard is required for combustible construction. The guard shall be on duty during all times when construction ' workers are not on the premises. (8.04.260 PSMC) Resplulion No. 31711 Page 33 137. Fuel Modification Zones.- Project is within the "Urbanlwildland Interface" and will require approval of the plant palette and possible inclusion of a fuel modification zone along the West side of the project. 138. Fire Flow: The estimated fire flow for this project is 1500 gallons per minute. END OF CONDITIONS. prv-1h, n' 114 ` �rV ATTACHMENT RESOLUTION I� W� �e `tK y r r 1, r� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33162 FOR PROPERTY LOCATED AT 2855 N. PALM CANYON DRIVE, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE. 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS MODERN HOMES VI, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY WHEREAS, the Planning Commission, at its meeting of August 23, 2006, recommended approval of Tentative Tract Map 33162, prepared by MSA Consulting, Inc., representing Palm Springs Modern Homes VI, LLC, a California Limited Liability Company, for the above described property; and WHEREAS, the City Council at its meeting of September 20, 2006, approved Tentative Tract Map 33162 subject to conditions; and WHEREAS, a portion of San Marco Way dedicated on the underlying map, Parcel Map 23130, recorded in Map Book 181, Pages 50 through 53, is to be abandoned pursuant to Section 66434 (g) of the Government Code; and WHEREAS, the owner offers for dedication to public use for street, public utility and sewer purposes, Lot "A"; a variable width easement for sidewalk purposes over Lots 1 and 2 shown as "Sidewalk Easement'; and an easement for sewer purposes over Lot 1 shown as "20' Sewer Easement'; and WHEREAS, the City of Palm Springs has a beneficial interest in the property identified as Parcel 3 of Parcel Map 23130, and it is necessary for the City to acknowledge its beneficial record title interest of the property on Final Map 33162. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 1. That Final Map 33162 is in substantial conformance with approved Tentative Tract Map 33162; and 2. That requisite conditions associated with Tentative Tract Map 33162 have been satisfied; and 3. That Final Map 33162 is in conformance with the General Plan; and 4. That Final Map 33162 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the abandonment of a portion of San Marco Way dedicated on the underlying map, Parcel Map 23130, recorded in Map Book 181, Pages 50 through 53, is approved, pursuant to Section 66434 (g) of the Government Code; and Resolution No. Page 2 6. That all offers of dedication to the public on Final Map 33162 shall be accepted by the City Clerk of the City of Palm Springs; and 7. 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 8. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 9. That the City Manager is hereby authorized to execute Final Map 33162 where required, indicating the City's approval of the recordation of Final Map 33162 with respect to the City's beneficial record title interest pursuant to a Deed of Trust recorded November 23, 1993, as Instrument No. 467765; and 10. That Final Map 33162 is hereby approved for purposes therein defined. ADOPTED THIS 11th day of July, 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 adapted at a regular meeting of the City Council of the City of Palm Springs on July 11, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TERMINATING AGREEMENT NO. 3286, APPROVED OCTOBER 6, 1993, A SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND STEPHEN C. NICHOLS, TRUSTEE OF THE FRANK CULVER NICHOLS REVOCABLE TRUST WHEREAS, Parcel Map 23130 was approved by the City of Palm Springs on October 6, 1993; and WHEREAS, Agreement No. 3286, a Subdivision Improvement Agreement between the City of Palm Springs and Stephen C. Nichols, Trustee of the Frank Culver Nichols Revocable Trust, was approved to secure improvements associated with Parcel 3 of Parcel Map 23130; and WHEREAS, a Deed of Trust in favor of the City of Palm Springs in the amount of $440,412 was recorded November 23, 1993, as Instrument No. 467765 of official records of Riverside County, against Parcel 3 of Parcel Map 23130 to secure the improvements; and WHEREAS, the City Council by separate Resolution previously adopted, has approved Final Map 33162, a resubdivision of Parcels 3 and 4 of Parcel Map 23130, and has approved a Subdivision Improvement Agreement securing the cost of associated improvements related to Final Map 33162. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Agreement No. 3286 is hereby terminated. Section 2. The City Manager is hereby authorized to execute a Request for Full Reconveyance of the Deed of Trust, required by Section 2 of Agreement No. 3286, a Deed of Trust in the amount of $440,412 recorded November 23, 1993, as Instrument No. 467765 of official records of Riverside County. Section 3. The City Clerk shall record the Request for Full Reconveyance of the Deed of Trust with the office of the Riverside County Recorder. i Resolution No. Page 2 ADOPTED THIS 11th day of July, 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 July 11, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California