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HomeMy WebLinkAbout7/1/2009 - STAFF REPORTS - 2.O. of PALM s, . City of Palm Springs V r N Department of Public Works and Engineering 3200 East Tahquitz Canyon Way•Palm Springs,California 92262 C P Tel:(760)323-8253 • Fax: (760)322-9360•Web:www.ci.palm-sprin,-s.ca.us MEMORANDUM DATE: June 30, 2009 To: Mayor and City Council FROM: Marcus Fuller, Asst. Dir. Public Works/Asst. City Engineer SUBJECT: Item 2.0., JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVING AN AMENDED AND RESTATED SUBDIVISION IMPROVEMENT AGREEMENT WITH IRP EL PORTAL ASSOCIATES, LLC ASSOCIATED WITH TENTATIVE TRACT MAP 30050 Mayor and Council Members, Changes to the amended Conditions of Approval for Tentative Tract Map 30050, and additional revisions to the Subdivision Improvement Agreement were requested by the developer. The requested changes provide further clarification and do not otherwise alter the intent of the conditions or agreement originally submitted to you for review and approval. The requested changes have been reviewed and approved by the City Attorney. The changes are outlined in legislative format as follows,- Amended Conditions of Approval The changes are identified as follows: Planning Condition #2: The last sentence was revised as shown: 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 defense, indemnification, and hold harmless provisions herein, exoept, the rit)��^n—te Settle OF abandeR n na#er fn�ln ng-a VeFSO judgement OF fail„ a tQ ppe-1 -hall not oau 0 a WaiVeF Of the indpmnif atinn.F0434 s-heFem. Engineering Condition #8a: 071011ZOO9 Mayor and Council June 30, 2009 Page 2 8a. All improvements on South Palm Canyon Drive shall be completed within six months of the City of Palm_ Springs' approval of the revised Subdivision Improvement Agreement and LOMR. Engineering Condition #13a: 13a. All improvements on Acanto Drive shall be completed within six months of the City of Palm Springs' approval of the revised Subdivision Improvement Agreement and LOMR. Engineering Condition #39: 29. (Original stricken language intentionally omitted) TT"� s-^ A portion of this property (a portion or all of Lots 2 thru 10, and 13 and Lots A and B) is located within a special flood hazard area (SFHA), and is subject to the provisions of Chapter 8.68 et. seq. ("Flood Damage Prevention") of the Palm Springs Municipal Code, and applicable state and federal laws and regulations. Specifically, the identified portion of this property is located within a designated SFHA identified by Zone A (Base Flood Elevation undetermined) as shown on the current Federal Insurance Rate Map (FIRM) for the City of Palm Springs, California, Riverside County, Community Panel Number 06065C 1568G, dated August 28, 2008. The applicant shall comply with all applicable local, state and federal laws and regulations associated with development occurring within a SFHA. Engineering Condition #41 (second paragraph): Within sic- two months of the City of Palm Springs' approval of the revised Subdivision Improvement Agreement and LOMR, the applicant shall pay all utility undergrounding fees to Southern California Edison (SCE) as may be necessary to schedule utility undergrounding; and the applicant shall cause to be constructed all underground utility infrastructure (i.e. conduit and vaults) necessary to relocate the existing above ground utilities into an underground system. Evidence from SCE and other utility companies of intent to relocate existing above ground utilities shall be provided to the City Engineer within two months of the City of Palm Springs_' _approval of the revised Subdivision Improvement Agreement and LOMR. Amended and Restated Subdivision Improvement Agreement Recital H: The timing for completion of remaining off-site street improvements was clarified and linked to the City's approval of a LOMR for the property, the words "and LOMR" were added at the end of the recital. Mayor and Council June 30, 2009 Page 3 Section 1.1A: Clarifications were made regarding the City's construction of the Remaining Improvements by Change Order, and a new Exhibit "E" which includes a copy of the referenced Change Order was incorporated. The revised Section 1.1A reads as follows: 1.1A Construction of Remaining Improvements by City_. City has awarded a contract for construction of certain street improvements on South Palm Canyon Drive, extending from Murray Canyon Drive to south of Bogert Trail (referred to herein as "City Project No. 05-03"). City Project No. 05-03 overlaps the Remaining Improvements to be constructed by Subdivider, and it is to the mutual benefit of City and Subdivider that City include construction of the Remaining Improvements as part of City Project No. 05-03 on behalf of Subdivider. Attached as Exhibit E. is a copy of the Change Order for City Pro ect No. 05-03 adding all of the Remaining Improvements with the exception of certain landscaping and related items of work to be constructed separatelX by Subdivider to the Cit 's contract and except for the undergrounding of above-ground utilities that Subdivider is obligated to construct pursuant to this Agreement and the Amended Conditions (Condition No.A 1_)=Upon receipt of cash deposit in the amount of $445,418 (includes a 10% contingency) representing Subdivider's payment to City for construction of the Remaining Improvements (in accordance with City's negotiated contract price with its contractor for City Project No. 05-03), Subdivider shall have no further obligations related to the Remaining Improvements constructed by City on behalf of Subdivider with the exception of completing certain landscaping and related items of work and completinq the undergrounding of all above-ground utilities. " rity wGts the Re g impFOVements an "e""'f Pf S416&v4er-at At the time undergrounding of all above-ground utilities afe is completed, the securities required in Section 5 hereunder shall be released by City. Subdivider acknowledges its remaining obligation to complete the undergrounding of all above-ground utilities itself within six (6) months of City's approval of this Agreement, and City's rights to enforce this obligation which may include, but not be limited to, withholding issuance of building permits for construction of any building on the Property. Section 1.10: A clarification was added that the Section does not apply if the City constructs the Remaining Improvements on behalf of the Subdivider. The following sentence has been added to the end of the Section: This Section shall not appIV in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. Section 10: A clarification was added that the Section does not apply if the City constructs the Remaining Improvements on behalf of the Subdivider. The following sentence has been added to the end of the Section: This Section shall not apply with regard to construction of the Remaining Improvements in the event CitV constructs the Remaining Improvements in accordance with Section 1.1A herein. Mayor and Council June 30 2009 Page 4 Section 11.9: Corrections to the persons listed for the Subdivider were made. Exhibit "E Exhibit "E" was added, which incorporates a copy of Contract Change Order No. 1 to City Project No. 05-03 into the Agreement (see copy attached). COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: G&M Construction Date: June 4, 2009 211 West Mesquite Avenue Project No.: 06-03 Palm Springs, CA 92264 Project: S. Palm Canyon Dr. Widening Change Order No.: One (1) Contract Purchase No.: Pending Account Number: 811-8192-65171 Agreement No.: 5853 CHANGES IN WORKICOST Changes to City Project No. 05-03: Item No 3. Earthwork -275 CY @ $18.00/CY ($4,950.00) 5. Cold Plane AC -20,240 SF @ $0.20/SF ($4,048.00) 7. 4" Misc. Base -19,827 SF @ $0.40/SF ($7,930.80) 8. 6" Misc. Base 7,350 SF @ $0.75/SF $5,512,50 9. 2" AC Overlay -20,240 SF @ $0.83/SF ($16,799.20) 10. 5" AC Pavement -19,827 SF @ $1.60/SF ($31,723.20) 25. Adjust Manhole -2 EA @ $500.00/EA ($1,000.00) New Items A. 3" AC Pavement 7,350 SF @ $1.40/SF $10,290.00 B. Install Redwood Header 600 LF @ $5.80/LF $3,480.00 Subtotal (decrease amount) ($47,168.70) "ALTA" Tract 30050 Off-Site Street Improvements a. Mobilization Lump Sum $40,000.00 b. Traffic Control Lump Sum $15,000.00 a Earthwork 1663 CY @ $18.00/CY $29,934,00 d. Pulverize AC Pavement 71,873 SF @ $0.50/SF $35,936.50 e. 4" Misc. Base 31,888 SF @ $0.40/SF $12,765,20 f. 6" Misc. Base 37,048 SF @ $0.75/SF $27,786.00 g. A3 Curb and Gutter 115 LF @ $16.50/LF $1,897,50 h. Adjust Sewer Manhole 5 EA @ $500.00/EA $2,500.00 i. 2.5" AC Pavement 31,888 SF @ $1.27/SF $40,497.76 j. 3" AC Pavement 37,048 SF @ $1.27/SF $51,867.20 k. 70mm Orco Pavers 314 SF @ $12.00/SF $3,768.00 I. 8" Wedge Curb 1,310 LF @ $16.00/SF $20,960.00 M. 6" Barrier Curb 1,250 LF @ $14.50/1-F $18,125.00 n. Mow Curb 1,100 LF @ $12.00/LF $13,200.00 o. Cross Gutter/Spandrel 1,389 SF @ $7.50/LF $10,417.50 p. 6" Curb Transition 30 LF @ $16.00/1-F $480.00 q. 8" Curb Transition 20 LF @ $16.00/LF $320.00 r. 2"x4" Redwood Header 550 LF @ $5.80/LF $3,190.00 S. Rip Rap Dissipator 240 SF @ $12.50/SF $3,000.00 1 CONTRACT CHANGE ORDER (Continued) t. Adjust Water Valves 9 EA @ $350.00/EA $3,150.00 U. 6" PCC Pavement 866 SF @ $5.50/SF $4,763.00 V. Earth Berm w/Pyramat 9,150 SF @ $5.00/SF $45,760.00 W. Earth Swale 8' x 6" 1,005 LF @ $10.00/SF $10,050.00 X. Earth Swale Tx 6" 800 LF @ $6.00/LF $4,800.00 y. 2.5" Decomposed Granite 20,500 SF @ 1.25/SF $25,625.00 Subtotal $425,772,66 TOTAL NET CHANGE ORDER INCREASE AMOUNT $378,603.96 REASONS FOR CHANGES: A portion of City Project No. 05-03 overlaps with required off-site street improvements on South Palm Canyon Drive, adjacent to the"ALTA" development(Tract No. 30050)which is located on South Palm Canyon Drive between Bogart Trail and Acanto Drive. Tract 30050 has obligations to construct certain offsite street improvements on South Palm Canyon Drive and Acanto Drive in accordance with the Conditions of Approval for Tentative Tract Map 30050. The Tract 30050 offsite street improvements generally consists of removing the existing asphalt roadway and reconstructing at a horizontal alignment shifted westerly with an elevated vertical alignment. Given the overlapping street improvements on South Palm Canyon Drive and potential for two separate contractors working independently at the same time with conflicting work, the City and the developer of Tract 30050 (IRP El Portal Associates, LLC) determined a mutual benefit existed for both parties to include the Tract 30050 off-site street improvements under the City's contract for City Project No. 05-03. The items of work and associated quantities for the Tract 30050 off-site street improvements were provided by the design engineer for Tract 30050 (MSA Consulting). Unit costs for these items of work were negotiated with the City's contractor, consistent with the bid item prices in the original contract award. Unit costs for new items of work were compared for consistency with related items of work in the original contract. Items a - y listed above under the heading "'ALTA' Tract 30050 Off-Site Street Improvements" represents the additional items of work and costs required to construct the Tract 30050 off-site street improvements. Note. No additional mark ups will be added to any item on this Change Order.All unit costs represent total payment for the work identified. 2 CONTRACT CHANGE ORDER (Continued) D. SOURCE OF FUNDS The overlapping portion of City Project No. 05-03 consists of a 2" grind and asphalt overlay of the existing asphalt roadway extending from Bogert Trail approximately 800 feet south, adjacent to Tract 30050. These improvements would be demolished as a result of the Tract 30050 off-site street improvements. The value of these improvements, in accordance with the original bid is as follows: Cold Plane Existing A.C. Pavement: 20,240 SF @ $0.20 / SF = $4,048.00 Construct 2" A.C. Overlay: 20,240 SF @ $0.83 / SF = $16,79920 Total: $20,847.20 As the awarded contract included this work, and had the Tract 30050 off-site street improvements been constructed under separate contract by the Tract 30050 developer, these improvements would have been demolished and the corresponding public investment lost. Therefore, the corresponding value of these improvements is to be applied as a credit against the cost of the Tract 30050 off-site street improvements. The Tract 30050 developer has deposited sufficient funds to cover the Tract 30050 off-site street improvements cost(considering the $20,847.20 credit) of$404,925.46, A separate 10% contingency fee of$40,492.54 has also been deposited to cover changes in the work during construction related to the Tract 30050 off-site street improvements. Note: The net decrease to City Project No. 05-03 items of work is $47,168.70 of which the credit to the Tract 30050 developer of$20,847.20 is included. The remaining net decrease of $26,321.50 is the result of changing the originally specified pavement section of 5" asphalt concrete (ac) over 4" crushed miscellaneous base (cmb) to 3" ac over 6" cmb for the new southbound taper south of Bogert Trail to be consistent with the new pavement section for South Palm Canyon Drive identified on the Tract 30050 off-site street improvement plans prepared by MSA Consulting, and shortening the southbound taper thereby reducing required earthwork for its construction. SUMMARY OF COSTS CONTRACT TIME Original Contract Amount: $591,533.18 Original Completion Date: TBD This Change Order: $378,603,96 Days Added for this C.C.O.: —20— Previous Change Order(s): $0.00 Previous Days Added: --0-- Revised Contract Amount: $970,137.14 Revised Completion Date: TBD SIGNATURES ON NEXT PAGE 3 CONTRACT CHANGE ORDER (Continued) I have received a copy of this Change Order and the above AGREED PRICES are acceptable to the Contractor. CONTRACTOR APPROVAL G&M Construction Approved by: Date Printed Name and Title AGENCY APPROVAL Submitted by: Date Senior Public Works Inspector Recommend by: Date City Engineer Approved as to Form by: Date Agency Attorney Approved by: Date Assistant Executive Director Attested by: Date Assistant Secretary Distribution: Original Executed Copies Conformed-File Copy Contractor (1) Engineering File (1) City Clerk (1) Senior Public Works Inspector (1) Finance Department (1) 4 CITY COUNCIL RESOLUTION NO. . COMMUNITY REDEVELOPMENT AGENCY RESOLUTION NO. A JOINT RESOLUTION OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY ATTORNEY/AGENCY LEGAL COUNSEL TO COOPERATE WITH THE CALIFORNIA REDEVELOPMENT ASSOCIATION, THE LEAGUE OF CALIFORNIA CITIES, AND OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF REDEVELOPMENT FUNDS. The City Council of the City of Palm Springs finds: A. The current economic crisis has placed cities under incredible financial pressure and caused them to make painful budget cuts, including layoffs and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spending in line with declining revenues. B. Since the early 1990s the state government has seized $1.04 billion of redevelopment tax increment statewide, and the Governor and Legislature are now considering seizing $350 million each year for three years, beginning in fiscal year 2008-09; and C. On April 30, 2009, in the case of CRA v. Genest, the Sacramento Superior Court found similar efforts by the State to seize redevelopment tax increment for the state general fund to be in direct violation of Article XVI, Section 16 of the State Constitution, added by the voters in 1952 as Proposition 18, which requires that tax increment be used exclusively for the benefit of redevelopment project areas. NOW, THEREFORE, BE IT RESOLVED: SECTION 1. The City Council and the Community Redevelopment Agency of the City of Palm Springs hereby directs the City Attorney/Agency Legal Counsel to take all necessary steps to cooperate with the California Redevelopment Association, the League of California Cities, other cities, counties and redevelopment agencies in supporting litigation against the state of California if the Legislature enacts and the Governor signs into law legislation that unconstitutionally diverts redevelopment tax increment. SECTION 2. The City Manager/Redevelopment Agency Executive Director shall send this resolution to the Governor and each of the City's state legislators, informing them in the clearest of terms of the City's adamant resolve to oppose any effort to frustrate the will of the electorate as expressed in Article XVI, Section 16 of the 0710'I Z&O 9 -T�m 210 . City Council Resolution No. CRA Resolution No. Page 2 California Constitution concerning the proper use and allocation of redevelopment tax increment; and SECTION 3. A copy of this Resolution shall be sent by the City Manager/Redevelopment Agency Executive Director to the California Redevelopment Association, the League of California Cities, and other community groups whose members are affected by this proposal to divert redevelopment funds from vital local projects. ADOPTED THIS 13T DAY OF JULY, 2009. David H. Ready City Manager/Executive Director ATTEST: James Thompson City Clerk/Assistant Secretary CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk/Assistant Secretary of the City of Palm Springs/Community Redevelopment Agency, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at an adjourned regular meeting of the City Council/Community Redevelopment Agency of the City of Palm Springs on July 1, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson City Clerk/Assistant Secretary City of Palm Springs, California RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Springs Attention: CITY CLERK 3200 E.Tahquitz Canyon Way P.O.Box 2743 Palm Springs, CA 92263-2743 DOCUMENTARY TRANSFER TAX S Exempt(Revenue&Taxation Code§11922) SPACE ABOVE THIS UNE FOR RECORDER'S USE RECORDING FEE Exempt(Government Code§27383) AMENDED AND RESTATED SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS and IRP EL PORTAL ASSOCIATES, LLC a Delaware limited liability company AMENDED AND RESTATED SUBDIVISION IMPROVEMENT AGREEMENT THIS AMENDED AND RESTATED SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is entered into this day of 20 , by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("City"); the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic ("Agency"), and IRP EL PORTAL ASSOCIATES, LLC, a Delaware limited liability company ("Subdivider"). RECITALS A. At the time of execution of the original Subdivision Improvement Agreement for Tentative Tract Map 30050, Subdivider was the owner of a parcel (or parcels) of land identified as Tentative Tract Map 30050, located in the City of Palm Springs, County of Riverside, State of California ("Property"). Tentative Tract Map 30050, divided the Property into 67 lots, and contained original conditions of approval for the development of the Property ("Original Conditions"). Concurrent with the execution of this Agreement, the Original Conditions are hereby amended ("Amended Conditions"). A true and correct copy of the Amended Conditions are attached hereto and incorporated herein as Exhibit "A B. Subdivider has delivered to City and City has approved (or will approve) plans and specifications and related documents for certain "Works of Improvement", as defined in Section 1.1, which are required to be constructed and installed in order to accommodate the development of the Property. C. Subdivider has agreed to pay its fair share of reasonable costs for certain public improvements, "Mitigation Fees" which will benefit the Property and which will be built at such time as the City has collected a sufficient amount of the Mitigation Fees in the special fund account created specifically for this purpose to pay for the cost of construction for each of the public improvements identified on Exhibit "B D. Pursuant to the Conditions, Subdivider, by means of a Final Map for Tentative Tract Map 30050 ("Map"), has offered: (1) to dedicate easements for public utility purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over Lots "A" through "F", inclusive; (2) to dedicate public utility easements shown as "10' PUE" along and adjacent to all private streets; (3) to dedicate to public use a 21' wide pedestrian/emergency access easement over Lots "I" and "J", which provides the right of ingress and egress for emergency vehicles and personnel; and (4) to dedicate Lots "G", "H", "I" and the westerly 44.00 feet of Lot "F" to public use as a sidewalk and for drainage purposes. A true and correct copy of the Final Map, which illustrates these dedications, is attached hereto and incorporated herein as Exhibit "C E. Subdivider acknowledges that the Property is located within a special flood hazard area ("SFHA"), and is subject to the provisions of Chapter 8.68 et seq., entitled Flood Damage Prevention, of the Palm Springs Municipal Code, along with 2 applicable state and federal laws and regulations. Specifically, this Property is located within a designated SFHA identified by Zane A (Base Flood Elevation undetermined) as shown on the current Federal Insurance Rate Map ("FIRM") for the City of Palm Springs, Riverside County, California, Community Panel Number 06065C-1568G, dated August 28, 2008. Subdivider agrees to comply with all applicable local, state, and federal laws and regulations associated with development occurring within a SFHA. F. Subdivider shall obtain, and provide to the Building Department prior to the issuance of any building permit, an elevation certification on a form acceptable to Federal Emergency Management Agency ("FEMA"), prepared and certified by a registered professional civil engineer or surveyor. G. In accordance with Chapter 8.68.140(A)(5) and Chapter 8.68.140(D)(2)(b) of the Palm Springs Municipal Code, and 44 CFR 60.3(d)(4), the Subdivider shall be required to, and agrees and acknowledges that it will, submit an application to FEMA for FEMA's issuance of a Letter of Map Revision ("LOMR"). A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses, record drawings ("as-builts"), topographic surveying, and payment of required FEMA application fees, shall be submitted and approved by FEMA, prior to issuance of a building permit for a portion or all of Lots 2 through 10, inclusive, and Lot 13, and lettered Lots A and B (collectively hereinafter, "FEMA Property"). A building permit for construction of any building on this property currently located within a SFHA will not be issued until the City receives final approval of the Subdivider's LOMR application to FEMA by evidence of a LOMR issued by FEMA, said requirement based on the City's need to protect the public's health, safety, and welfare. Based thereon, the City Council has determined that any prior obligation of the Subdivider to provide the El Portal drainage improvements is no longer required. H. Subdivider's agreement to: (1) construct and install the Works of Improvement, (2) offer to dedicate the streets, easements and other improvements and facilities, as shown on the Map, (3) pay all utility undergrounding fees to Southern California Edison ("SCE") as may be necessary to schedule utility undergrounding, (4) cause to be constructed all underground utility infrastructure (i.e. conduit and vaults) necessary to relocate the existing aboveground utilities into an underground system, (5) provide evidence from SCE and any other utility companies of intent to relocate existing above-ground utilities, to City Engineer no later than six (6) months following the City's approval of this Agreement, (6) complete all improvements on Acanto Drive no later than no later than six (6) months following the City's approval of this Agreement, (7) complete all improvements on South Palm Canyon Drive no later than no later than six (6) months following the City's approval of this Agreement and LOMR. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by reference, and in consideration of City's approval of 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. 3 1. Subdivider's Obligations. 1.1. Works of Improvement. Except as set forth specifically in Section 1.1A or Section 3 hereunder, Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the on-site and off-site street, on-site drainage, on-site domestic water, on-site sanitary sewer and other on-site improvements (herein sometimes collectively referred to as the "Works of Improvement", which explicitly excludes the El Portal Drainage Improvements), 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"). Subdivider has previously completed construction of all on-site Works of Improvement, leaving certain off-site improvements to be completed on Acanto Drive and South Palm Canyon Drive (referred to herein as "Remaining Improvements"). The estimated construction cost for the Remaining Improvements is $876,300. Subdivider shall complete or cause to be completed the undergrounding of all above-ground utilities, and the Remaining Improvements no later than six (6) months after the final approval date of the LOMR or approval of this Agreement by the City, whichever occurs later. 1.1A Construction of Remaining Improvements by City. City has awarded a contract for construction of certain street improvements on South Palm Canyon Drive, extending from Murray Canyon Drive to south of Bogert Trail (referred to herein as "City Project No. 05-03"). City Project No. 05-03 overlaps the Remaining Improvements to be constructed by Subdivider, and it is to the mutual benefit of City and Subdivider that City include construction of the Remaining Improvements as part of City Project No. 05-03 on behalf of Subdivider. Attached as Exhibit E, is a copy of the Change Order for City Project No. 05-03 adding all of the Remaining Improvements (with the exception of certain landscaping and related items of work to be constructed separately by Subdivider) to the City's contract, and except for the undergrounding of above-ground utilities that Subdivider is obligated to construct pursuant to this Agreement and the Amended Conditions (Condition No. 41). Upon receipt of cash deposit in the amount of $445,418 (includes a 10% contingency) representing Subdivider's payment to City for construction of the Remaining Improvements (in accordance with City's negotiated contract price with its contractor for City Project No. 05-03), Subdivider shall have no further obligations related to the Remaining Improvements constructed by City on behalf of Subdivider with the exception of completing certain landscaping and related items of work, and completing the undergrounding of all above-ground utilities. At the time undergrounding of all above-ground utilities is completed, the securities required in Section 5 hereunder shall be released by City. Subdivider acknowledges its remaining obligation to complete the undergrounding of all above-ground utilities itself within six (6) months of City's approval of this Agreement, and City's rights to enforce this obligation which may include, but not be limited to, withholding issuance of building permits for construction of any building on the Property. 1.2. Mitigation Fees for Future Improvements. Prior to the issuance of each residential building permit for construction within the Property, Subdivider shall pay those Mitigation Fees identified in Exhibit "B." The fee schedule set forth on Exhibit "B" applies for the calendar year specified on the exhibit. If permits are not obtained within the specified calendar year, the Mitigation Fees may be adjusted in accordance with the 4 final engineering spread study for "Canyon South," as approved by the City but shall not exceed the Consumer Price Index for Riverside County. Said Mitigation_Fees shall be held in a fund for the specific purpose associated with each fee until adequate amounts are collected to construct the applicable public improvement. 1.3. Other Obligations Referenced in Conditions of Tentative Map Approval. Except as set forth specifically in Section 3 below, Subdivider shall satisfy all of the Conditions on the Tentative Map for the Property, as listed on Exhibit "B". 1.4. Intent of Plans for Works of Improvement. The intent of the Plans referenced in Section 1.1 is to prescribe the complete Works 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 in accordance with the intent of the approved Plans, 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. 1.5. Survev Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map (Exhibit "C") in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City. Subdivider shall provide security for such obligation as provided in Section 5.1(a)(3) and, after setting the monument(s), Subdivider shall furnish the City Engineer with 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). 1.6. Performance of Works of Improvement. 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 for the Works of Improvement. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.7. Changes to the Works- of Improvement. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Section 5, may order extra work or may make reasonable changes by altering or deleting any portion of the Works of Improvement as deemed reasonably necessary or desirable by the City Engineer to accomplish the purposes of 5 this Agreement to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.8. Defective Work on the Works of Improvement. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any portions of the Works of Improvement which are found by the City Engineer to be defective. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.9. No Warranty, by City an the Works of Improvement. 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. 1.10. Authority of the City Engineer with Respect to Works of Improvement. 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 on the Works of Improvement, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement in accordance with approved Plans by Subdivider and Subdivider's contractor. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section MA herein. 1.11. Documents Available at the Site of the Works _ of Improvement. 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.12. Inspection of Works of Improvement. Subdivider shall have an authorized representative on the job site within 4 hours notice during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with all materials reasonably necessary to ascertain 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. Nonetheless, 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. 6 The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided and unsuitable materials, as determined in the reasonable judgement of the City Engineer, or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.13. 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.14. Suspension o_f_Work on Works of Improvement. City Engineer shall have authority to order suspension of the work on the Works of Improvement for failure of the Subdivider and/or its contractor to comply with law pursuant to Section 1.13. 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.15. 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein- 7 2. Time for Performance of Works_of Improvement. 2.1. Commencement and Completion Dates for Works of Improvement. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Remaining Improvements forty-five (45) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Remaining Improvements six (6) months after City's approval of this Agreement. Extensions of time may be granted upon mutual agreement of the City Engineer and Subdivider, in writing, as required by the City Engineer or his designee. The provisions of this Section 2.1 shall not apply to the commencement and completion of the City's obligations set forth in Section 3 of this Agreement. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 2.2. Phasing Requirements for Works of Improvement. 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 as 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 reasonable requirements associated with the development of the Property have not been completed to his satisfaction. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 2.3. Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay 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 on Works of Improvement. After commencement of construction of the Works of Improvement (or separate portions 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. . s 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 66499.11-6649920-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16, Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6. Time of the Essence on Works of Improvement. Time is of the essence of Subdivider's, City's, and Agency's performance of all of its obligations under this Agreement. 3. El Portal Drainage Improvements. Subdivider shall promise not to construct any facility, infrastructure, or building on Lots 2 through 10, and 13 within the Map until storm water protection by a means other than the construction of the El Portal Drainage Improvements is achieved as approved by the City. 3.1. Special Flood Hazard Area. Subdivider acknowledges that the Property is located within a special flood hazard area ("SFHA"), and is subject to the provisions of Chapter 8.68 et seq., entitled Flood Damage Prevention, of the Palm Springs Municipal Code, along with applicable state and federal laws and regulations. Specifically, this Property is located within a designated SFHA identified by Zone A (Base Flood Elevation undetermined) as shown on the current Federal Insurance Rate Map ("FIRM") for the City of Palm Springs, Riverside County, California, Community Panel Number 06065C-1568G, dated August 28, 2008. Subdivider agrees to comply with all applicable local, state, and federal laws and regulations associated with development occurring within a SFHA. 3.2. FEMA Clearances and Building Permits. Subdivider shall obtain, and provide to the Building Department prior to the issuance of any building permit related to the FEMA Property, an elevation certification on a form acceptable to Federal Emergency Management Agency ("FEMA"), prepared and certified by a registered professional civil engineer or surveyor. In accordance with Chapter 8.68.140(A)(5) and Chapter 8.68.140(D)(2)(b) of the Palm Springs Municipal Code, and 44 CFR 60.3(d)(4), the Subdivider shall be required to, and agrees and acknowledges that it will, submit an application to FEMA for FEMA's issuance of a Letter of Map Revision ("LOMR"). A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses, record drawings ("as-builts"), topographic surveying, and payment of required FEMA application fees, shall be submitted and approved by FEMA, prior to issuance of a building permit. A building permit for construction of any building on this property currently located within a SFHA will not be issued until the City receives final approval of the Subdivider's LOMR application to FEMA by evidence of a LOMR issued by FEMA, said requirement based on the City's need to protect the public's health, safety, and welfare. 9 3.3. FEMA Clearances and Covenant Not to Use. City and Agency agree to record a Release of Covenant to Use as One ("Release") in the form attached hereto as Exhibit D, releasing the Covenant to Use as One recorded on October 22, 2004, as Document No. 2004-0839118, in the Office of the County Recorder, County of Riverside. Said recordation of the Release is conditioned upon the fact that Subdivider shall first obtain and City shall receive final approval of the Subdivider's LOMR application to FEMA by evidence of a LOMR issued by FEMA, said requirement based on the City's need to protect the public's health, safety, and welfare. The City Manager of City and the Chairman-of Agency are hereby authorized to execute the Release upon satisfaction of the aforesaid condition placed on Subdivider. 4. Labor. 4.1. Labor Standard s/Prevailing_Wages. 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. 4.2, 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. 4.3. 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. 4.4. 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. 5. Security. 5.1. Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 5 below (hereinafter "Security Instruments"): 1) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $876,300 which is equal to 100% of the estimated construction cost referenced in Section 1.1. 10 2) 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 $438,150 which is equal to 50% of the estimated construction cost referenced in Section 1.1. 3) __ A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.5 in the amount of $10,050.00 which is 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 of Works_ of Improvement. 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 $270,000 which is equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 5.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 5.1 (a) or 5.1(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) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 5.4. (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. 11 (d) A Lien on the Property. For Security Instruments provided in the form of a lien on property, Subdivider must provide the City with current appraisals and title reports, as well as all other documentation requested by the City Attorney, and all liens must be evidenced by a recordable Deed of Trust in a form approved by the City Attorney. (e) General Requirements for all Security Instruments. 1) 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). 2) 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). 3) 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. 5.3. 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 reasonable cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after receipt of a written demand, deliver to City such substitute security as City shall require satisfying the requirements in this Section 5. 5.4. Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 5.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty_ (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If 12 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. 5.5. 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: 1) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 5.5; 2) the Works of Improvement have been accepted and Notices of Completion have been recorded within the time specified by statute; 3) Subdivider has delivered the Maintenance and Warranty Security Instrument; and 4) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Civil Code Section 3314, et seq. 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. In the event that Subdivider failed to record Notices of Completion, City shall hold the Security Instruments for an additional six (6) month period beyond the ninety (90) day statutory time period for the filing of a mechanic's lien. (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- (c) Subdivider may request a partial release based on the completion and acceptance of any given Work of Improvement subject to the same process and requirements set forth in this Sub-section 5.5. (d) As identified in Section 1.1A herein, if City constructs the Remaining Improvements on behalf of Subdivider, at the time relocation of all existing above-ground utilities into an underground system is completed, the securities required in Section 5 herein shall be released by City. 5.6 Return of Original Deposit- Pursuant to the original Conditions of Approval for Tentative Tract Map 30050, Subdivider was required to post a deposit related to the maintenance of the El Portal drainage improvements in the amount of $40,000 ("Original Deposit"). Concurrent with the recordation of the Release of Covenant Not to Use, City shall return the Original Deposit to Subdivider. The City's Director of Finance is hereby authorized to return said Original Deposit pursuant hereto. 13 5.7 Return of Condemnation Deposit. Pursuant to the original Subdivision Improvement Agreement for Tentative Tract Map 30050, Subdivider was required to post a deposit in the amount of $25,000 related to potential condemnation proceedings for easement(s) related to the El Portal drainage improvements ("Condemnation Deposit"), Since acquisition of the easement(s) is no longer required, the City's Director of Finance is hereby authorized to return said Original Deposit pursuant hereto- 6. Cost of Construction of Works of Improvement and Provision of Ins ection Service. 6.1. Subdivider Responsible for All Costs of Construction of Works of Improvement- Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. 6.2. Payment to City for Cost of Related Inspection and Engineering Services for the Works of Improvement- 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, and evaluation-of 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 7. Acceptance of Offers of Dedication. The City Council shall pass, as appropriate, resolutions accepting all offers of dedication shown on the Map (Exhibit "C"), 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. 8- Warranty of Work on Works of Improvement- 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 14 9. Default. 9.1. 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. 9.2. City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full reasonable cost and expense thereby incurred by City. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 9.3. Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all reasonable costs and expenses incurred by City in securing performance of such obligations, including reasonable 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 reasonable 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. 10. 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 reasonable costs and the reasonable 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 wilful misconduct. This Section shall not apply with regard to construction of the Remaining Improvements in the event City constructs the Remaining Improvements in accordance with Section MA herein. 15 11. General Provisions. 11.1. Institution of Legal Actions. In addition to any other rights or remedies, either party may institute a legal action to cure, correct or remedy consistent with the purpose of this Agreement. 11.2. Interest. In the event of a default or breach by Subdivider which continues beyond any applicable notice and cure period, City shall be entitled to reimbursement from Subdivider of all reasonable costs and expenses incurred by City incurring the default plus interest at eight percent (8%). 11.3. Choice of Forum. Legal actions must be instituted and maintained in the appropriate court in the County of Riverside, State of California. 11.4. State Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 11.5. 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. 11.6. 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. 11.7. 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. 11.8. Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant the (I) 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. 11.9. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next- day delivery -(e.g, Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows: 16 If to City, to: Attn: James Thompson, City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.: (760) 322-8332 Telephone No.: (760) 323-8204 If to Subdivider, to: Attn: Paul White IRP El Portal Associates, LLC 3199 Cody Court, Palm Springs, CA 92264 Facsimile No.: (760) 320-1017 Telephone No.: (760) 320-1017 and Attn: Brad Muth IRP El Portal Associates, LLC 676 N. Michigan Ave. Chicago, IL 60611 9 o 9 � Facsimile No.: (312) 640-0525 Telephone No.: (312) 640-2051 17 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: By.- James Thompson, City Clerk David H. Ready, City Manager ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA By: By: James Thompson, Secretary David H. Ready, Executive Director REVIEWED AND APPROVED BY: WOODRUFF, SPRADLIN & SMART Douglas C_ Holland, City Attorney SUBDIVIDER: IRP El Portal Associates, LLC, a Delaware Limited Liability Company By: IRP El Portal Member, LLC, a Delaware Limited Liability Company, its Member By: Brad Muth, Managing Director 18 ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY SIGNER County of ❑ INOIVIDUAL(S) ❑ CORPORATE On before me, Date Name,Title of Officer personally appeared OFFICER(S) NAME(S) OF SIGNER(S) TITLE(S) ❑ PARTNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose U ATTORNEY-IN-FACT name(s) is/are subscribed to the within instrument and acknowledged to me that ❑ TRUSTEE(5) he/she/they executed the same in his/her/their authorized capacity(ies), and that fa SUBSCRIBING WITNESS by his/her/their signatures($) on the instrument the person(s), or the entity upon ❑ GUARDIAN/CONSERVATOR behalf of which the person(s)acted, executed the instrument. ❑ OTHER I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. SIGNER IS REPRESENTING: Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT Signer(s) Other Than Named Above EXHIBIT A AMENDED CONDITIONS OF APPROVAL A-1 EXHIBIT A TTM 30050 and Case No. 50899 - PD-271 Northeast corner of South Palm Canyon Drive and Acanto Drive June 19, 2002 Amended by Council July 1, 2009 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, 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. PLANNING 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 Specific Plan Amendments, TTM 30050 Case No. 5.0899 - PD-271. 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 defense, indemnification and hold harmless provisions herein, except the G ty's deeision W Settle .. aha.,de a atteF feffo ..ni., an .,..ye Fse 6judgement OF fat'W e to appeal, , shall-not-ea-use a-wa+veF-ef-t-he-indernnifisation--rights-here n. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 5. 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 negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. 6a. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 6b. The property development standards for this project shall be Section 92.01.00, R-1-6 Zone, except for the modifications to minimum lot size, lot depth, lot width, front and side front setbacks, and detached garages. Front and side front setbacks for the residences and detached garages will be considered at 10 to 15 feet and 20 to 25 feet, respectively, pending submittal of final development plans. 7. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Final landscape plans shall include the entire street right-of-way landscaped areas. The project shall be responsible for installation and maintenance of all landscaped areas within the right-of-way and easement area. 8. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code. Therefore, a fee of $1,250.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 9. 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. 10. 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. 11. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property including the equestrian easement and landscaping within right-of-way in a good condition and in accordance with all ordinances. 12. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes_ 13. 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. 14. The grading plan shall show the disposition of all out and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 15. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 16. The street address numbering/lettering shall not exceed eight inches in height. 17. Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 18. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24,020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 19. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 20. Texture, materials, and colors to be used on the proposed fences and walls shall be submitted for review and approval prior to issuance of building permits. 21. Vehicles associated with the construction of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 22. 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 Engineering specifications. 23. 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. 24. Trash cans shall be screened from view and kept within fifty (50) feet of the street. 25. The applicant shall dedicate a 30' easement and construct a 15' wide equestrian trail between the property line and Lots 27 to 35. Design and details shall be submitted with the final Planned Development plans. The equestrian trail shall be separated from the sidewalk and Lots 27 to 35. A minimum 15' decomposed granite trail, landscape, fencing and signing shall be provided. If SP-1 is amended, and a trail is no longer required, the Planning Commission may delete this condition at Final PD stage. 26. Final development plans shall be prepared in accordance with the Mitigation Monitoring Program for Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan/EIR. Prior to approval of the Final PD and Final Tract Map, a comprehensive mitigation monitoring report consistent with the Monitoring Program shall be prepared and approved by the Director of Planning and Zoning. The City shall be reimbursed for the cost of preparation and/or review of said report. Refer to City Council Resolution No. 17598 certifying the Final EIR for the Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Plan for specific details. All mitigation measures, where applicable, shall be adopted as conditions of approval. The following measures are hi-lighted for convenience: a. Prior to final project acceptance including approval of the final map or planned development district, the City shall establish a formula for the applicant's payment of their "fair share" of the costs of the matters listed below, and applicant shall pay fees pursuant to the formula or post such security as the City Attorney shall determine is appropriate. The fair share formulas shall be based on data developed by City or its consultants to determine the applicant's proportionate responsibility for providing the specified public improvements, and for producing affordable housing, based upon the benefits received by the project and/or impacts caused by the project. The costs shall include not only construction costs, but also design, engineering and other similar costs, as well as City administrative costs including the costs of developing the fair-share formula. Fair-share formulas shall be developed for the following matters: i) Funding of site acquisition and construction of a fire station providing adequate fire protection services to the project site and vicinity. ii) Funding of site acquisition and construction of affordable housing meeting the goals of the City's Housing Element. See Section 5-10 (5-184) Jobs and Housing for specific mitigation measures. iii) Funding of construction of off-site roadway improvements and signals as shown in Table 5.14 of the Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan Final Environmental Impact Report. b. Appropriate removal and recompaction of surface soils in areas to support structures will mitigate potential settlements. Building sites planned within the alluvial areas shall be evaluated by the soil engineer for settlement potential during detailed geotechnical studies for design of structures, with respect to the specifics of proposed structure locations, soil conditions, foundation loads, etc. A final soils report shall be submitted with the detailed development plans (grading and structural) for the project- C. All outdoor lighting constructed on the project site shall be directed at the ground to prevent unnatural lighting from interfering with the activity of nocturnal animals that live in the surrounding natural areas. Exceptions to this condition shall be limited to accent landscape and architectural lighting. All lighting which directly illuminates hillsides and wash areas shall be prohibited. This condition shall be included in the CC&R's. d. The applicant and the building contractor shall halt grading or any other construction activity in the immediate vicinity immediately if archaeological resources are uncovered during grading. The applicant and/or contractor shall notify the City and Tribal Council in writing and shall summon a qualified archaeologist to determine the significance of uncovered archaeological resources and appropriate mitigation measures. e. Due to the historical sensitivity of the area, a tribal representative and/or a qualified archaeologist monitor shall be present during all rough grading operations. A written report shall be provided to the City outlining the nature of any resources found on-site, disposition, etc. At the end of construction a written report shall be provided summarizing resources found (if any) and if any additional work is needed. POLICE DEPARTMENT: 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 1. Fire Department Access: Provide detail on the entry median and entry gate area. A 20 foot unobstructed width is required, including gate openings. 2. Mandatory Fire Sprinklers: response Project is beyond a 5-minute time from J Y closest fire station. All buildings, regardless of size, require an automatic fire sprinkler system. (1003.2.1 CFC) 3. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes (Or combinations thereof located as directed by the fire department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) 4. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except ground cover plantings. 5. Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department_ 6. Fire hydrant systems: Following fire department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (901.222 CFC) 7_ Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC). Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. 8. Secondary Emergency Access: The emergency access area shown at the south- west corner of the project (west of Lot 35) must meet the same requirements as an access road in condition #7 above. ENGINEERING: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B- All agreements and improvement plans approved by City Engineer, IF applicable- C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc- required by these conditions- PALM CANYON DRIVE SOUTH The following conditions of approval which-refer to the pavement width shall be revised, IF necessary, to agree with the focused traffic study as approved by the City Engineer- 3. Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage- 4- goqumF an additional rij4t- f ay wi.+t e4 o�_the west side of the ceot� a m9 4he—e4#4,re f.....tage for a total right of. width of Fil feet_ 5. Construct a 12 inch wide mow strip, 20 feet EAST of centerline from Acanto Drive to the north tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE and at the NORTHEAST AND SOUTHEAST corners of the intersection of PALM CANYON DRIVE SOUTH and STREET `D" per City of Palm Springs Standard Drawing No- 200 and 206. 6. Construct both halves of a 6 foot wide cross gutter at the intersection of PALM CANYON DRIVE SOUTH and STREET "D" with a flow line parallel with and 20 feet EAST of the centerline of PALM CANYON DRIVE SOUTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206- 7 f"`.-,nc vrn + -a 15 foot wade r.eRe h�L^ .�+h..wa., hetwe t + r strdan/ en-t- Win. eh.. ,- the r�_, + h.. ... aFy alarm th fFE)Rt-...a in a000rrlan tr-ac ,e••en€� c Srty of Palm gc.- Standard n. ...i Ala 040 and-fleeting the . FG"Al of the City F giReer and Direotar of O-Aanerng ..Rd Qrrilrlinry The-pathw .��h�ll a4se as the eha of maintema d Tha ea t f +ho �eFiz-coma--c,,... s#Or-rr• IlC-e�'^vaa=r'r'a�--r„r�.ust-5-feet-vr-cnc --nstr-uct^'twit" inrh thick (6 sack) ❑oWanrl re ent Sonerete The west 1 et of the y shala-•tae-,son^+F, cted with 6 innh thick d d5•ed,-gr.... o�arl 4 o/ o� 4it iIlk; uss P' tive-sdg Gampa^t�� Ol10% Mrten-bl^^L !"1D equal meeting the approral of the,Gity-E � DiFe Of P-lar^i^^ ^ I ❑„a IingConstruct a 15 feet wide meandering equestrian/pedestrian trail along the entire frontage constructed with 6 inch thick decomposed granite compacted to 90% over 24 inches native soils compacted to 90% tartan block, or equal, meeting the approval of the City Engineer- 8- Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed mow strip to 10 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315- The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. A redwood header shall be installed along the west edge of pavement. 8a. All improvements on South �Palm Canyon Drive shall be completed within six months of the CitV of Palm Springs'__appro_v_al of the revised Subdivision Improvement Agreement and LOMR- ACANTO DRIVE 9. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, 3 feet NORTH of section/centerline and 32 feet NORTH of section/centerline (distance measured from back of wedge curb on south side to flow line of wedge curb on north side) respectively, from South Palm Canyon Drive to the east tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE per City of Palm Springs Standard Drawing No- 200 and 206. 40-. f-`n..o-�Gh basins, a--- neRnrl 4nr rni.."'We and r;Pnnnnt to thn n�vs&4 ster n-dfatn4im n). The . edgee G Urh and gutteF shall tFanSitiGA into 6 ; sh YeFtical curb and gatter-at-the--Gatsh-basins-Iacatdans—T-he-design-shah-be-reviewed-and 11. --Construct a 15 foot wide meandering equestrian/pedestrian trail along the entire frontage with 6 inch thick decomposed granite compacted to 90% over 24 inches native soil compacted to 90%, OR equal, meeting the approval of the City Engineer and Director of Planning and Building. Construct a redwood header on both sides of the trail along its entire length. 12- Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage via the tract map. 13. Construct ac pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to proposed gutter along the entire frontage in accordance with modified City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 13a. All improvements on Acanto Drive shall be completed within six months of the City of Palm Springs' approval of the revised_Subdivision Improvement Agreement and LOMR. PRIVATE STREETS 14. The following traffic calming devices, OR equal, (the final configuration to be approved by the City Engineer) shall be incorporated into the on-site streets: Narrowed pavement `chokers' shall be provided at one location on Street "A", one location on Street "C", one location on Street "D", and one location on Street "E", as approved by the City Engineer. Chokers shall be designed with a transition using 25 foot reverse curves and a 40 to 80 foot long, 20 foot wide (10 feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. The proposed chokers at the east and west ends of Street "D" can be constructed but are not a requirement of these conditions of approval. If they are part of the street improvements, the approval of the City Engineer will be required for the design of same. 15a. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 16.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersection of Street "A" with Street "C" and "D" and at the intersection of Street "D" with Street "B" per City of Palm Springs Standard Drawing No. 200 and 206. Parking shall be allowed on both sides of the street if all buildings are sprinklered and if the parking lanes are clearly marked leaving a clear 20-foot wide vehicular path to satisfy Uniform Fire Code standards. It shall be the responsibility of the Homeowners Association to maintain the delineation and provide signs for the life of the project. Final street design shall be subject to final approval of the Fire Chief, City Engineer, and Director of Planning and Building. 15b. In the event 15A above cannot be implemented, the project shall comply with the following condition: Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 18.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersections of Street "A" with Street "C" and "D" and at the intersection of Street "D" with Street "B"per City of Palm Springs Standard Drawing No- 200 and 206. 16. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "A" with Streets "C" and "D" with a flow line parallel with and 16.5 feet East of the centerline of Street "A" in accordance with City -of Palm Springs Standard Drawing No. 200 and 206- 17. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "B" with Street "D" with a flow line parallel with and 16.5 feet West of the centerline of Street "B" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. Construct knuckles at the intersection of Street "A with Street "E" and at the intersection of Street "B" with Streets "C" and "E" in accordance with City of Palm Springs Standard Drawing No. 104. 19. The on-site cul-de-sac shall be constructed in accordance with City of Palm Springs Standard Drawing No. 103, curb portion only. 20. All centerline radii shall be a minimum of 130 feet. 21. Construct minimum 10 wide driveway approaches roaches for all lots in accordance with City of Palm Springs Standard Drawing No- 201. See Condition No. 22 for gated entrance requirements for Main Entries that are proposed to be gated. 22. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum curb cut of 100 feet (from BCR to ECR) for the gated Main Entry. B. Provide a minimum 50,foot setback to the access gate control mechanism C- Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security gates shall be a minimum of 20 feet clear width in each direction- E. Provide separate lane of ingress for residents. SANITARY SEWER 22. The on-site sewer mains will be maintained by the HOA. Provision for this shall be addressed in the CC & Rs. 23. Connect aH sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. 24. Developer shall construct an, 8 inch sewer main across all PRIVATE STREET frontages, through the proposed 20 foot wide drainage/sewer easement adjacent to the southwest property line of Lot 9 OR the northeast property line of Lot 8 and through the existing 30 foot wide utility easement to the existing manhole south of the Palm Canyon Drive South and Bogert Trail intersection in accordance with the Master Plan of Sewers and connect to the existing sewer system. The 20 foot wide drainage/sewer easement shall be located entirely within Lot 8 or Lot 9. 25. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. 26. The project is subject to a sewer assessment fee of $146.19 per lot for construction of the 15" sewer main in Avenida Granada, Calle Palo Fierro and Laverne Way. The fee shall be paid prior to issuance of a building permit for individual lots. GRADING 27. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 28. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department, A PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: E. Copy of Planning Department comments regarding the grading plan. F. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions- G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 30. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 31. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 32. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 33. - Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 34. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the import or 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE QevelepeF df-a+Rage-"fposes-aGFGs�,--L�s-7-3-and-7; f-act 9B4nc4APNl 5_1- 2nn = 'l1TT� Z1�TUZ/ 'L C9lTQF--F and 02ass-that ^eh �-ac e,'-o^r-land-i^„�'�� o ,ted-as-floodway on TraGt 4-8-(APN_-54—2 004-)-. 36. The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage structures are unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to -determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage structures (if any exist), and to determine required stromwater runoff mitigation measures for this project. 37. A portion of this property (a portion or all of Lots 2 thru 10, and 13 and Lots A and B) is in Federal Insurance Rate Map (FIRM) zone A and shall conform to all of the FEMA and City of Palm Springs Flood Hazard Ordinance requirements for this zone. 38 #mbUtaFY 100year ..+..F Funa# as appFQVed h.e_Rl_'_C!` ....rl +hr, Git F=RgiReer along the west tFast bo ^dam with ^ + i +' ^A_rnai^t"^ �i'ran-ca-�_i�ivr�^� '^^ ��rrv�-r ii ..r�aRvc � i ated to RGFG in +OFF a..^^r,+-Mhlo_+athe RGFG ° - - ovc v ' . - - . c ' - - - - - - TM I -- - • w _ . _ • • . -......... - -- _ . . ■ . RNV. - - ° - ° - oP512M.1or oIM - o' e. m a - ee- m _ _ ew .e • - _ • � �- - �o- -- 0^ - - e v - - - --e • e - -- •m ea - _- e e _ _ - - - - m. - _e• _ e e• - - • - ee- ee - - - _ IMMMMIMM • •■r- .• • • • • • • • • . ' 6 - within a special flood hazard area (SFHA), and is subject to the provisions of Chapter 8.68 et. sep. ("Flood Damage Prevention of the Palm Springs Municipal Code, and applicable state and federal laws and regulations. Specifically, the identified portion of this property is located within a designated SFHA identified by Zone A '.(Base Flood Elevation undetermined) as shown on the current Federal Insurance Rate Ma FIRM for the City of Palm Springs - California, Riverside County, Community Panel Number 06065C 1568G dated August 28, 2008- The applicant shall comply with all applicable local state and federal laws and regulations associated with development occurring within a SFHA. 39a. Applicant shall provide the Building Department with the elevation of the lowest - floor includin i basement). The elevation certification shall be done; on a form acceptable to FEMA by a registered professional civil engineer or surveyor. 39b. In accordance with Chapter 8-68-140(A)5 and Chapter 8-68.140(D)2(b) of the Palm Slonags Municipal Code and 44 CFR 60.3 d 4 the applicant shall be required to submit an application to the Federal Emergency Management Agencv ,{FEMA) for FEMA's issuance of a Letter of Map Revision (LOMR). A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses. record 'drawings ("as-builts"), topographic surveying, and payment of required FEMA application fees, shall be submitted and approved by FEMA, prior to issuance I of a building permit- A building permit for construction of any building on this property currently located within a special flood hazard area will not be issued until the City receives final approval of the applicant's LOMR application to FEMA by evidence of a LOMR issued by FEMA. GENERAL 40. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement' pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth,rideable surface. 41. All existing and proposed utility lines that are Ness than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All-under••grounding-of-utilities all be completed ^ F f^ is e of a GeFtif ate Of I Within two months of the City of Palm Springs' approval of the revised Subdivision Improvement Agreement and LOMR the applicant shall pay all utility undergroundinq fees to Southern California Edison (SCE) as may be necessary to schedule utility undergroundinq; and the applicant shall cause to be constructed all underground utility infrastructure i.e. conduit and vaults necessary to relocate the existing above_ ground utilities into an underground system. Evidence from SCE and other utility companies of intent to relocate existing above ground utilities shall be provided to the City Engineer within two months of the City of Palm Springs' approval of the revised Subdivision Improvement Agreement and LOMR. 42. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 43. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 44. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00, D. 45. 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 Engineering specifications. MAP 46, The 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 Parcel Map or Final Map to the Engineering Department. 47. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 48. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE SOUTH and ACANTO DRIVE frontages of the subject property. 49. Install a 4-way stop sign at the intersection of Street "A" and Street "D". Install a stop sign for vehicles egressing at Palm Canyon Drive South. Install a stop sign for vehicles entering Street "B" at Street "D". Install a stop sign for vehicles entering Street "A" at Street "C". 50. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the PALM CANYON DRIVE SOUTH AND ACANTO DRIVE frontages prior to issuance of a Certificate of Occupancy. 51. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 52. 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 constructions 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. 53. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. EXHIBIT B MITIGATION FEE SCHEDULE All estimated payments to be made prior to issuance of building permits. Each fee is calculated on a per unit basis. 1. Fire Station & Equipment: $206,78 / unit 2. Drainage: $5,626.15 / unit 3. Road/Bridge: $2,704.00 / unit 4. Affordable Housing: $3,120.00 / unit The above Mitigation Fee amounts apply to permits issued in the calendar year 2004- Said amounts shall be adjusted based on completion of the City's engineers assessment spread report if the amounts determined in the report vary from these estimates. If there is an increase in the amount, Subdivider shall pay the additional amount per unit within thirty (30) days notice of the increase. If there is a decrease in the amount, Subdivider shall receive a credit toward the payments on the next Mitigation Fees owed for subsequent building permits obtained for construction on the Property. In the event the permits are pulled in subsequent years, the Mitigation Fee amounts shall be further adjusted in a percentage basis by the Consumer Price Index as set forth in Section 1.2. S-1 EXHIBIT C FINAL MAP C-1 SEE DETAIL A F, x�, sa H SHEET R OF 4 SHEETS DELON RI9HT c��Qe�' b•el><1X FA}eR IY `y'•, �� e IN THE CITY PALS SPRINGS, DF' RNLI a ee3i'u•i bi.s1'a lec. sTx:fw, o.r. 'f`�' irj'b� F1.'uE ]•-faD' COUNTY' OF TNIVER4IDF, STAID OF Cnrsm N N'_9']2'iB•E e'd.55' 6yp3'1 A•" 31 "� A n' TRACT MAP NO. 30050 tTS].ex' E6L!.1 BEING A PE7[ISOII'!St➢H OP■POSTiOH OF 7RACF €0. 12E45, i Fa.z H.0ei10 W3[�1e0V AI en mi: ON !I E YY PDOX 124 AT FACES 1-4 OF VAML AIVEMIDE FLOG➢MAY ¢ T 9 1D +�]xs ', >n�E. AIS'v^i eN iC¢ .z COIIHS'Y D'FGWIHGS. A' S33 SF 1/A OF 1'Yd STi 1/4 OF e ?a,Ni t - A6 iIN,O;}CM.TN.II], f6ec3 5ICI10R 35, I..' &, R.4 S, S&K ]0. fE s q aao-il m d LfAINfERO, SbIITH AND ASa'OCIATES INC 5a`ti p a 'f` D ] MRVARY 2004 NOT A PART 1 ENGIHEEA'S NOTES 7 11 = THE EASIS OF BEILNINFR. FOR THIS AW IS THE NDRTH LIME �h OF TP_ 5N 114 OF, S5EECTI0.4 05. T.< S,. $ g` _ & AS SH7MN ON AS 103/SS-B2. TAKEN AS H SS'FYJ'32'E S ^} ! IkDICATES ED'.IIEI MCMW-_!aT AS NOTE,,. ,& F fx 0�2i'IlY ].0.°59 }'10]'10'it'H 13 , l.q. M IOffi ,_E FOOM] AS I.P. FLUSH R.TAD 'RCE 28G92', "°'�i�n.E NO Rom[.. ACCEPT A9 69LNDAR! CDR. TR. N0. 12618. O INDICATES SET I. I.P. DO"6', TAOSO RV_26401. 1,y4 n p III _ CY 59.2]'ea'E ]]).OS'1 p,,, ❑ INDICATES 6:- f-1/2• COOFRiEEL NONLwomi STAAPEO E-1 I8 a e3•�'2D'E '7 fo' �Y� KE 231011 RUSK am" 910- TYFE 'E• %]1LVzNi. 17 1 19 f-I INDICATES RECOID DATA PER TR. Ktl Y.3 12G40, 12Al1-4. • 5 14 55 15 8 y 20 C �Gy (-1 INDICATES'WOO DATA FM RS 103I95-92 SEE S EET A 21 a <-> INDICATES REWID DATA RDA TR. MD, 16149. RD 1IGl9-9. !N•]T[q SET NAIL AND TAG IN C096 AT THE PRNLONDATIOR OF SIDE LOT KA1X E•^-.D PAN'aTE e1rtE)I R p_ LIIrS IN LIEN!OF FRMT LOT URN, 5, 5Tf PSD RCE 26<01. 4 • ^ AT ALL FEAR LOT DORI'M Y:T 1' I,R. 110�Y 6' R/TAG OR _ AA n2 © 66 65 BA 63 22 i g RA C TAB $2 61 60 IN CAW., FCOTIN3 OR FEW NO HATERIRL. ALL S 3TAF'eED RCE 26!°L AS 1PPR3FRIATE, Pp-. INDI ATES PLALIC VTIuTV us NT y �. 3 n n e ttII TOTAL SRDSS AREA MITHIN t i s :e s 6 4c 2 D19TINCEE ORDER l • 29.515 ACRES m[°i[ TDTA 23.756 ACRES eEIELI 52 53 54 55 % 57 58 59 e F THIS TRACT CONTAINS 0 H EREO L079 IDT 'L' A n PL119 f2 LETTERED LOTS. E'e 1 ' .➢. - An;S.s rt c]ieTj I 24 Ft k_ Oe L0' .K. <,. BASIS OF BEARINGS 14 R. I6 51 50 44 46 47 46 45 44 �1E s ^$ F o x �, ,E �64�,c°'1 c Pus[Vw. K DR. E` y "< e8e nAI'i&IFa�i OY"i [ +� .2$ 14 a ri`"• n i!i cw�`'1s vT A] J E 8R �li 4]•"� Ia. 1•I.P:YIM.o[c iTMv. 1 36 37 36 39 40 41 42 43 I.. QPT AS'Tap is". sz� p 26 n w;o,sl'0;ill IAA' W - D'a"a srs. - O1 as LOGMT TPAFL C x l+S.0 l�Ef'R6TN[FY a�^ pR [IS.IT'a H`LY 6]SpaiY ,!R 1 FJ+£.YI ^^ SZ.59' TA.iO.`A]50 Zg A.6]' H3s.w1 _.o 35 34 33 32 31 36 y9 yg 27 $ 8 5 =&' •x9•E T m 1 5 e F -O' unmrXtr an-rK, o.eLoral•] Ila1]s.n• a-o-m'1]• S ��¢ ` DETAIL A n Qs11-A h,`-T EIS=)F:'R. tt•m.o1 x+1s.M1 L-se.ol• Y.a,el• s11E mT A PART` 1 MT `C W.el MC Wl.sx clycl G�ry12y� X m's!'..a ss•,u' x ers3 fo'It sw.x1• ]r4u.To SM R, '-"�ITI,ei• 1 i°'0p VICINITY NAP C9.ei' q]9'S]'1['E 6]iI IC.].131 N�ei`Ii'M ]]IA.iI• .A' ilss o[z]rAv-Ic o Ne+31 lre c�.o1.1 Fu. tei. v.Ln n)Ec m e.n' ACARTO RRIY& 1ss9.fr1 ,O, ]-1 rt j• FWO+ IS1511F�0 LS[``R'PEN 61 AlR.D prow sx1r,�f%ol W tG'35']I'E 131Y 26'] fV. je• µ1 , R A'!H'S)C FS 1N]IS 32 T'M'1 19t]', PDL:S 95119-52 C i' ''Tw`• 13!]•!i'OW ACCT[A9 EI(bt GM 114 YTC. .1 3 pS IW/GS-J!, IT AS ll01 uO o.a evme]s. J.N. 5366 EXHIBIT D FORM OF RELEASE OF COVENANT TO USE AS ONE 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Springs Attention:CITY CLERK 3200 E.Tahquitz Canyon Way P.O. Box 2743 Palm Springs,CA M63-2743 DOCUMENTARY TRANSFER TAX S Exempt(Revenue&Taxation Code§11922) SPACE ABOVE TI•IIS UN[FOR RECORDER'S USE RECORDING FEE Exempt(Government Code§27383) RELEASE OF COVENANT TO USE AS ONE CITY OF PALM SPRINGS, a municipal corporation, and COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, Corporate and politic, do hereby RELEASE the COVENANT TO USE AS ONE, pursuant to Section 3 thereof, recorded on October 22, 2004, as Document No. 2004-0839118, in the Office of the County Recorder, County of Riverside as to the property owned by IRP EL PORTAL ASSOCIATES, LLC, a Delaware limited liability company, which real property in the City of Palm Springs, County of Riverside, State of California, is described as Tract Map 30050 and more particularly described on Exhibit"A"attached hereto and incorporated herein. Dated , 20 CITY OF PALM SPRINGS,a municipal corporation, David H Ready, City Manager COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,a public body,corporate and politic Steve Pougnet, Chairman ATTEST James Thompson, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF RIVERSIDE ) On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I declare under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public EXHIBIT"A" REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, TRACT 30050, DESCRIBED AS: Tract Map 30050 recorded October 1, 2004, in Book 364 of Maps at Pages 97—100, as Document No. 2004-0781835. EXHIBIT E CITY PROJECT NO. 05-03 CONTRACT CHANGE ORDER I COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: G&M Construction Date: June 4, 2009 211 West Mesquite Avenue Project No.: 05-03 Palm Springs, CA 92264 Project: S. Palm Canyon Dr. Widening Change Order No.: One (1) Contract Purchase No.: Pending Account Number: 811-8192-65171 Agreement No.: 5853 CHANGES IN WORK/COST Changes to City Project No. 05-03: Item No 3. Earthwork -275 CY @ $1&00/CY ($4,950.00) 5. Cold Plane AC -20,240 SF @ $0.20/SF ($4,048.00) 7. 4" Misc. Base -19,827 SF @ $0.40/SF ($7,930.80) 8. 6" Misc. Base 7,350 SF @ $0.75/SF $5,512.50 9. 2"AC Overlay -20,240 SF @ $0.83/SF ($16,799.20) 10. 5" AC Pavement -19,827 SF @ $1.60/SF ($31,723.20) 25. Adjust Manhole -2 EA @ $500.00/EA ($1,000.00) New Items A. 3" AC Pavement 7,350 SF @ $1.40/SF $10,290.00 B. Install Redwood Header 600 LF @ $5.80/1-F $3,480.00 Subtotal (decrease amount) ($47,168.70) "ALTA" Tract 30050 Off-Site Street Improvements a. Mobilization Lump Sum $40,000.00 b. Traffic Control Lump Sum $15,000.00 c. Farthwork 1663 CY @ $18.00/CY $29,934.00 d. Pulverize AC Pavement 71,873 SF @ $0.50/SF $35,936.50 e. 4" Misc. Base 31,888 SF @ $0.40/SF $12,755.20 t. 6" Misc. Base 37,048 SF @ $0.75/SF $27,786.00 g. A3 Curb and Gutter 115 LF @ $16.50/1-F $1,897.50 h. Adjust Sewer Manhole 5 EA @ $500.00/EA $2,500.00 i. 2.5" AC Pavement 31,888 SF @ $1.27/SF $40,497.76 j. 3" AC Pavement 37,048 SF @ $1.27/SF $51,867.20 k. 70mm Orco Pavers 314 SF @ $12.00/SF $3,768.00 I. 8" Wedge Curb 1,310 LF @ $16.00/SF $20,960.00 M. 6" Barrier Curb 1,250 LF @ $14.50/LF $18,125.00 n. Mow Curb 1,100 LF @ $12.00/1-F $13,200.00 o. Cross Gutter/Spandrel 1,389 SF @ $7.50/1-F $10,417.50 P. 6" Curb Transition 30 LF @ $16.00/LF $480.00 q. 8" Curb Transition 20 LF @ $16.00/1-F $320.00 F. 2"x4" Redwood Header 550 LF @ $5.80/LF $3,190.00 S. Rip Rap Dissipator 240 SF @ $12.50/SF $3,000.00 1 CONTRACT CHANGE ORDER (Continued) t. Adjust Water Valves 9 EA @ $350.00/EA $3,150.00 u. 6" PCC Pavement 866 SF @ $5.50/SF $4,763.00 V. Earth Berm w/Pyramat 9,150 SF @ $5.00/SF $45,750.00 W. Earth Swale 8' x 6" 1,005 LF @ $10.00/SF $10,050.00 X. Earth Swale Tx 6" 800 LF @ $6.00/LF $4,800,00 y. 2.5" Decomposed Granite 20,500 SF @ 1.25/SF $25,625.00 Subtotal $425,772.66 TOTAL NET CHANGE ORDER INCREASE AMOUNT $378,603.96 REASONS FOR CHANGES: A portion of City Project No. 05-03 overlaps with required off-site street improvements on South Palm Canyon Drive, adjacentto the"ALTA"development(Tract No. 30050)which is located on South Palm Canyon Drive between Bogart Trail and Acanto Drive. Tract 30060 has obligations to construct certain offsite street improvements on South Palm Canyon Drive and Acanto Drive in accordance-with the Conditions of Approval for Tentative Tract Map 30050. The Tract 30050 off-site street improvements generally consists of removing the existing asphalt roadway and reconstructing at a horizontal alignment shifted westerly with an elevated vertical alignment. Given the overlapping street improvements on South Palm Canyon Drive and potential for two separate contractors working independently at the same time with conflicting work, the City and the developer of Tract 30050 (IRP El Portal Associates, LLC) determined a mutual benefit existed for both parties to include the Tract 30050 off-site street improvements under the City's contract for City Project No. 05-03. The items of work and associated quantities for the Tract 30050 off-site street improvements were provided by the design engineer for Tract 30050 (MSA Consulting). Unit costs for these items of work were negotiated with the City's contractor, consistent with the bid item prices in the original contract award. Unit costs for new items of work were compared for consistency with related items of work in the original contract_ Items a - y listed above under Ithe heading "'ALTA' Tract 30050 Off-Site Street Improvements" represents the additional items of work and costs required to construct the Tract 30050 off-site street improvements. Note: No additional mark ups will be added to any item on this Change Order.All unit costs represent total payment for;the work identified. CONTRACT CHANGE ORDER (Continued) D. SOURCE OF FUNDS The overlapping portion of City Project No. 05-03 consists of a 2"grind and asphalt overlay of the existing asphalt roadway extending from Bogert Trail approximately 800 feet south, adjacent to Tract 30050. These improvements would be demolished as a result of the Tract 30050 off-site street improvements. The value of these improvements, in accordance with the original bid is as follows: Cold Plane Existing A.C. Pavement: 20,240 SF @ $0.20 / SF = $4,048.00 Construct 2° A.C. Overlay: 20,240 SF @ $0.83 / SF = $16,799.20 Total: $20,847.20 As the awarded contract included this work, and had the Tract 30050 off-site street improvements been constructed under separate contract by the Tract 30050 developer, these improvements would have been demolished and the corresponding public investment lost. Therefore, the corresponding value of these improvements is to be applied as a credit against the cost of the Tract 30050 off-site street improvements. The Tract 30050 developer has deposited sufficient funds to cover the Tract 30050 off-site street improvements cost (considering the $20,847.20 credit) of$404,925.46. A separate 10% contingency fee of $40,492.54 has also been deposited to cover changes in the work during construction related to the Tract 30050 off-site street improvements. Note: The net decrease to City Project No. 05-03 items of work is$47,168.70 of which the credit to the Tract 30050 developer of$20,84720 is included. The remaining net decrease of $26,321.50 is the result of changing the originally specified pavement section of 5" asphalt concrete (ac) over 4" crushed miscellaneous base (cmb) to 3" ac over 6" emb for the new southbound taper south of Bogert Trail to be consistent with the new pavement section for South Palm Canyon Drive identified on the Tract 30050 off-site street improvement plans prepared by MSA Consulting, and shortening the southbound taper thereby reducing required earthwork for its construction. SUMMARY OF COSTS CONTRACT TIME Original Contract Amount: $591,533.18 Original Completion Date: TBD This Change Order: $378,603.96 Days Added for this C.C.O.: —20— Previous Change Order(s): $0.00 Previous Days Added: —0-- Revised Contract Amount: $970,137.14 Revised Completion Date: TBD SIGNATURES ON NEXT PAGE 3 CONTRACT CHANGE ORDER (Continued) I have received a copy of this Change Order and the above AGREED PRICES are acceptable to the Contractor. CONTRACTOR APPROVAL, G&M Construction Approved by: Date Printed Name and Title AGENCY APPROVAL, Submitted by: Date Senior Public Works Inspector Recommend by: Date City Engineer Approved as to Form by: Date Agency Attorney Approved by: Date Assistant Executive Director Attested by: Date Assistant Secretary Distribution: Original Executed Copies Conformed-File Copy Contractor (1) Engineering File (1) City Clerk (1) Senior Public Works Inspector (1) Finance Department (1) 4 EXHIBIT A TTM 30050 and Case No. 50899 - PD-271 Northeast corner of South Palm Canyon Drive and Acanto Drive June 19, 2002 Amended by Council July 1, 2009 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, 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. PLANNING 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 Specific Plan Amendments, TTM 30050 Case No. 5.0899 - PD-271. 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 defense, indemnification, and hold harmless provisions herein,-�—xsept—the-GftVs-decision to-settle-or abandon a-matter-following-an adverse-judgement-or-failure-to-appeal; shall-not cause-a-waiver-of the-indem nifsation-rights-herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between-the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 5. 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 negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. 6a. The final development plans shall be submitted in accordance with Section - 9403-00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 6b. The property development standards for this project shall be Section 92.01.00, R-1-B Zone, except for the modifications to minimum lot size, lot depth, lot width, front and side front setbacks, and detached garages. Front and side front setbacks for the residences and detached garages will be considered at 10 to 15 feet and 20 to 25 feet, respectively, pending submittal of final development plans- 7- Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Final landscape plans shall include the entire street right-of-way landscaped areas. The project shall be responsible for installation and maintenance of all landscaped areas within the night-of-way and easement area- 8- The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4' of the Fish and Game Code. Therefore, a fee of $1,250-00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk priorto Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 9. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submiltted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 10. 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. 11. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property including the equestrian easement and landscaping within right-of-way in a good condition and in accordance with all ordinances. 12. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. 13. 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. 14. 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. 15. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 16. The street address numbering/lettering shall not exceed eight inches in height. 17. Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 18. Drainage swales shall be provided adjacent to all curbs and sidewalks _ 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 19. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 20. Texture, materials, and colors to be used on the proposed fences and walls shall be submitted for review and approval prior to issuance of building permits. 21. Vehicles associated with the construction of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 22. 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 Engineering specifications. 23. 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. 24. Trash cans shall be screened from view and kept within fifty (50) feet of the street. 25. The applicant shall dedicate ',a 30' easement and construct a 15' wide equestrian trail between the property line and Lots 27 to 35. Design and details shall be submitted with the final Planned Development plans. The equestrian trail shall be separated from the sidewalk and Lots 27 to 35. A minimum 16' decomposed granite trail, landscape, fencing and signing shall be provided. If SPA is amended, and a trail is no longer required, the Planning Commission may delete this condition at Final PD stage. 26. Final development plans shall be prepared in accordance with the Mitigation Monitoring Program for Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan/EIR. Prior to approval of the Final PD and Final Tract Map, a comprehensive mitigation monitoring report consistent with the Monitoring Program shall beIprepared and approved by the Director of Planning and Zoning. The City shall be reimbursed for the cost of preparation and/or review of said report. Refer'to City Council Resolution No. 17598 certifying the Final EIR for the Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Plan for specific details. All mitigation measures, where applicable, shall be adopted as conditions of approval. The following measures are hi-lighted for convenience: a. Prior to final project acceptance including approval of the final map or planned development district, the City shall establish a formula for the applicant's payment of their "fair share" of the costs of the matters listed below, and applicant shall pay-fees pursuant to the formula or post such security as the City Attorney shall determine is appropriate. The fair share formulas shall be based on data developed by City or its consultants to determine the applicant's proportionate responsibility for providing the specified public improvements, and for producing affordable housing, based upon the benefits received by the project and/or impacts caused by the project. The costs shall include not only construction costs, but also design, engineering and other similar costs, as well as City administrative costs including the costs of developing the fair-share formula. Fair-share formulasi shall be developed for the following matters: i) Funding of site acquisition and construction of a fire station providing adequate fire protection services to the project site and vicinity. ii) Funding of site acquisition and construction of affordable housing meeting the goals of the City's Housing Element. See Section 5-10 (5-184) Jobs and Housing for specific mitigation measures. iii) Funding of construction of off-site roadway improvements and signals as shown in Table 5.14 of the Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan Final Environmental Impact Report. b. Appropriate removal and recompaction of surface soils in areas to support structures will mitigate potential settlements. Building sites planned within the alluvial areas shall be evaluated by the soil engineer for settlement potential during detailed geotechnical studies for design of structures, with respect to the specifics of proposed structure locations, soil conditions, foundation loads, etc. A final soils report shall be submitted with the detailed development plans (grading and structural) for the project. C. All outdoor lighting constructed on the project site shall be directed at the ground to prevent unnatural lighting from interfering with the activity of nocturnal animals that live in the surrounding natural areas. Exceptions to this condition shall be limited to accent landscape and architectural lighting. All lighting which directly illuminates hillsides and wash areas shall be prohibited. This condition shall be included in the CC&R's. d. The applicant and the building contractor shall halt grading or any other construction activity in the immediate vicinity immediately if archaeological resources are uncovered during grading. The applicant and/or contractor shall notify the City and Tribal Council in writing and shall summon a qualified archaeologist to determine the significance of uncovered archaeological resources and appropriate mitigation measures. e. Due to the historical sensitivity of the area, a tribal representative and/or a qualified archaeologist monitor shall be present during all rough grading operations. A written report shall be provided to the City outlining the nature of any resources found on-site, disposition, etc. At the end of construction a written report shall be provided summarizing resources found (if any) and if any additional work is needed. POLICE DEPARTMENT: 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 1. Fire Department Access: Provide detail on the entry median and entry gate area. A 20 foot unobstructed width is required, including gate openings. 2. Mandatory Fire Sprinklers: Project is beyond a 5-minute response time from closest fire station. All buildings, regardless of size, require an automatic fire sprinkler system. (1003.2.1 CFC) 3. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes (Or combinations',thereof located as directed by the fire department) not later than the time when combustible materials are delivered to the construction site_ (Sec. 903 CFC) 4. Residential fire hydrants: Residential fire hydrants shall be installed in -accordance with DWA specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except ground cover plantings. 1 5, Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 6. Fire hydrant systems: Following fire department selection of hydrant locations, plans and specifications for ,fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (901.22.2 CFC) 7. Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. I Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13;6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC). Free access from the 'street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. 8. Secondary Emergency Access: The emergency access area shown at the south- west corner of the project (west of Lot 35) must meet the same requirements as an access road) in condition #7 above. ENGINEERING: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department- B. All agreements and improvement plans approved by City Engineer, IF applicable- C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. PALM CANYON DRIVE SOUTH The following conditions of approval which refer to the pavement width shall be revised, IF necessary, to agree with the focused traffic study as approved by the City Engineer. 3. Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage. 4 Aoq iro an additional Fight of way width of 10-feet .ten +he yr.msf �irin of the se GtiOR aleng the eRt'Fe frnn+a it fora total Fight of...av Width nf4944eet_ 5. Construct a 12 inch wide mow strip, 20 feet EAST of centerline from Acanto Drive to the north tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE and at the NORTHEAST AND SOUTHEAST corners of the intersection of PALM CANYON DRIVE SOUTH and STREET 'D" per City of Palm Springs Standard Drawing No. 200 and 206. 6. Construct both halves of a 6 foot wide cross gutter at the intersection of PALM CANYON DRIVE SOUTH and STREET "D" with a flow line parallel with and 20 feet EAST of the centerline of PALM CANYON DRIVE SOUTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206. !-`^ ..+.. ..+ a 15 Fen+ wide ..+.i nib ike oa+hwa.. hn + + a+or ,,y,,.., -ped^ •weeny ero;;�.. channel-arid--the s 4Fae hog inrlane_a[Gng the entire frnn+ann in a d +h Gity of Palm Cnrinnc—Menlo{(1 Aln 71(1 and-niee+i g +ha annroyal of the rr Qt�L-E-Rg,ine ...I Hiroo+nr of Dan,nin^ and Building- The—path7•ray 1� ;C-e-•-1-0adwuy. The -east-5-meet—of the ..+h.. hall hn�rnn M,ruGtn.d .i+h R innh Mhi-k— sack) ❑e.+land+ Gement Gone ret Th 4 10 feet-of the_pa� ..e -"-11 hn - ns# e h ek �. ,-,-re=;,cac�_,-, n�� tEd-wit 4eGG PGS 1 4e em named-t 00 ^ F 24 i..nhes natNm-�I-GQmn. ❑no�Ma� _bld...l. OR equal, meeting—the a .el of the ri+F.y.Ineerand ;,fleet e—P-larann^ and ❑„ilwlnn Construct a 15 feet wide meandering equestrian/pedestrian trail along the entire frontage constructed with 6 inch thick decomposed granite compacted to 90% over 24 inches native soils compacted to 90% tartan block or equal meeting the approval of the City Engineer. 8. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed mow strip to 10 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. A redwood header shall be installed along the west edge of pavement. 8a. All improvements on South' Palm Canyon Drive shall be completed within six months of the City of Palm Springs' approval of the revised Subdivision Improvement Agreement and LOMR. ACANTO DRIVE 9. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, 3 feet NORTH of section/centerline and 32 feet NORTH of section/centerline (distance measured from back of wedge curb on south side to flaw line of wedge curb on north side) respectively, from South Palm Canyon Drive to the east tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE per City of Palm Springs Standard Drawing No_ 200 and 206. - r�erlstrw- teats sins, as needed fOF dFa a and --nne-4 4e 41 ` _r �,ae-proposed ster ajn4ne—The-wedg" "h ...d ��4Fo shall tFa SitiO ..4r. 6 innh VertiGari UFb and gutter a4 the Gatch� i&n4esations—:Phe-desigi "h.,ll h.-, o.d .,.d appreved-�R, eF. 11. Construct a 15 foot wide meandering equestrian/pedestrian trail along the entire frontage with 6 inch thick decomposed granite compacted to 90% over 24 inches native soil compacted to 90%, OR equal, meeting the approval of the City Engineer and Director of Planning and Building. Construct a redwood header on both sides of the trail along its entire length. 12. Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage via the tract map. . 13. Construct ac pavement with a minimum pavement section of 2-112 inch asphalt concrete pavement over 4 inch aggregate base with.a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to proposed gutter along the entire frontage in accordance with modified City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 13a. All improvements on Acanto, Drive shall be completed within six months of the CitV of Palm Springs' approval of the revised Subdivision Improvement Agreement and LOMR. PRIVATE STREETS 14. The following traffic calming devices, OR equal, (the final configuration to be approved by the City Engineer) shall be incorporated into the on-site streets: Narrowed pavement `chokers' shall be provided at one location on Street "A", one location on Street "C", one location on Street "D", and one location on Street "E", as approved by the City Engineer. Chokers shall be designed with a transition using 25 foot reverse curves and a 40 to 80 foot long, 20 foot wide (10 feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. The proposed chokers at the east and west ends of Street "D" can be constructed but are not a requirement of these conditions of approval. If they are part of the street improvements, the approval of the City Engineer will be required . . _for the design of same. 15a. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 16.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersection of Street "A" with Street "C" and "D" and at the intersection of Street "D" with Street "B" per City of Palm Springs Standard Drawing No. 200 and 206. Parking shall be allowed on both sides of the street if all buildings are sprinklered and if the parking lanes are clearly marked leaving a clear 20-foot wide vehicular path to satisfy Uniform Fire Code standards. It shall be the responsibility of the Homeowners Association to maintain the delineation and provide signs for the life of the project. Final street design shall be subject to final approval of the Fire Chief, City Engineer, and Director of Planning and Building. 15b. In the event 15A above cannot be implemented, the project shall comply with the following condition: Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 18.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersections of Street "A" with Street "C" and "D" and at the intersection of Street "D" with Street "B"per City of Palm Springs Standard Drawing No. 200 and 206. 16. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "A" with Streets "C" and "D" with a flow line parallel with and 16.5 feet East of the centerline of Street "A" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 17. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "B" with Street "D" with a flow line parallel with and 16.5 feet West of the centerline of Street "B" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. Construct knuckles at the intersection of Street "A with Street "E" and at the intersection of Street "B" with Streets "C" and "E" in accordance with City of Palm Springs Standard Drawing No. 104. 19. The on-site cul-de-sac shall be constructed in accordance with City of Palm Springs Standard Drawing No. 103, curb portion only. 20. All centerline radii shall be a minimum of 130 feet. 21. Construct minimum 10 wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201. See Condition No. 22 for gated entrance requirements for Main Entries that are proposed to be gated. 22. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum curb cut of 100 feet (from BCR to ECR) for the gated Main Entry. B- Provide a minimum 50 foot setback to the access,gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security, gates shall be a minimum of 20 feet clear width in each direction. E. Provide separate lane,of ingress for residents. SANITARY SEWER 22. The on-site sewer mains will be maintained by the HOA. Provision for this shall be addressed in the CC & Rs. 23. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. i 24. Developer shall construct an 8 inch sewer main across all PRIVATE STREET frontages, through the proposed 20 foot wide drainage/sewer easement adjacent to the southwest property line of Lot 9 OR the northeast property line of Lot 8 and through the existing 30 foot wide utility easement to the existing manhole south of the Palm Canyon Drive South and Bogert Trail intersection in accordance with the Master Plain of Sewers and connect to the existing-sewer system. The 20 foot wide drainage/sewer easement shall be located entirely within Lot 8 or Lot 9. 25. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A- Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. 26. The project is subject to a sewer assessment fee of $146.19 per lot for construction of the 15" sewer main in Avenida Granada, Calle Palo Fierro and Laverne Way. The fee shall be paid prior to issuance of a building permit for individual lots. GRADING 27. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 28. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: E. Copy of Planning Department comments regarding the grading plan. F. Copy of signed Conditions of Approval from Planning Department- C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 30. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 31. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 32. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 33. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 34. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the import or 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 35-. Developer shall obtain-eas�s-dedwited4G-R' &k6—Go my-Plood Gentr-cat �,,,d�^�aterataon- ^'�-o,�t�.GF��'tiod ^^��andter• drainage-purposes across-L-ats 73-arA-7A e{, —6140 AP-Ns-5-1.2200-= ^and ''^-�` aAd-asro^c +�-o�tain 1.80 -par^�d-indisate"s-floodway sn-T-ract {AP-N 5'- '�b^l-1)- 36. The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure (if available). On site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage structures are unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage structures (if any exist), and to determine required stromwater runoff mitigation measures for this project. 37. A portion of this property (a portion or all of Lots 2 thru 10, and 13 and Lots A and B) is in Federal Insurance Rate Map (FIRM) zone A and shall conform to all of the FEMA and City of Palm�Springs Flood Hazard Ordinance requirements for this zone. �h deiid.I0Per hall de dl nnn•_f�^ f the StecF dd �,hann I nd� Gu1yed Gf 3�: vr*c-v�.Tcfvp�cIr,�vd*an-v�dSigin=tr�-�v.wnuv� t+�c-ocvrrii arali� vrm.`�-ar�a-varr.. 'caT-n0P� RT-9edaClc natural type serf'en ^^a oanfigupafiOR capableof�', n t4;e tFib fans 100 Y&a +arm r Reff s annr_m.od� v�rUxx�r�rvv7 wnc+n-,-c(cr-�ppdz.�-ca--�-.v�-�.rctnra�ti�r�rr--cng.+-.��r along the �xre-"FaOt bound d fh' an eed.o.++o.+f ter d peFatmen and m me anGe NWIM. ■. .6101111-1. OPIUM lip ' - a .a - IRS OWING Olt UNION Me a e oe o . ev . e - e - e- - ev- - -e NOW 41 cc- - �- - - • ••- • • • • • • . • A . i • -. within a special flood hazard area (SFHA), and is subject to the provisions of Chapter 8-68 et. sea. ("Flood Damage Prevention") of the Palm Springs Municipal Code, and applicable state and federal laws and regulations. Specifically, the identified portion of this property is located within a designated SFHA identified by Zone A (Base Flood Elevation undetermined) as shown on the current Federal Insurance Rate Map (FIRM) for the City of Palm Springs California. Riverside County.' Community Panel Number 06065C 1568G, dated August 28, 2008. The applicant shall comply with all applicable local, state and federal laws and regulations associated with development occurring within a SFHA. 39a. Applicant shall provide the Building Department with the elevation of the lowest floor (including basement). The elevation certification shall be done on a form acceptable to FEMA, by a registered professional civil engineer or surveyor. 39b. In accordance with Chapter' 8.68.140(A)5 and Chapter 8.68.140(D)2(b) of the Palm Springs Municipal Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management Agency - (FEMA) for FEMA's issuance of a Letter of Map Revision (LOMR)- A complete application for the LOMR,I including all appropriate technical studies and hydraulic analyses, record drawings ("as-builts"), topographic surveying, and payment of required FEMA application fees, shall be submitted and approved by FEMA, prior to issuance ' of a building permit. A building permit for construction of any building on this property currently located within a special flood hazard area 'will not be issued until the City receives final approval of the applicant's LOMR application to FEMA by evidence of a LOMR issued by FEMA. GENERAL 40. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement! pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth'rideable surface. 41. All existing and proposed utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. A egr-oundi„y s-shaA-be-oompleted-prier-tease -cf-a-Cer ate of Within two months of the City of Palm Springs' approval of the revised Subdivision Improvement Agreement and LOMR, the applicant shall pay all utility undergrounding fees to Southern California Edison (SCE) as may be necessary to schedule utility undergrounding; and the applicant shall cause to be constructed all underground utility infrastructure (i.e. conduit and vaults necessary to relocate the existing above ground utilities into an underground system. Evidence from SCE and other utility companies of intent to relocate existing above ground utilities shall be provided to the City Engineer within two months of the City of Palm Springs' approval of the revised Subdivision Improvement Agreement and LOMR. 42. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 43. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 44. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00, D. 45. 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 Engineering specifications. MAP 46. The 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 Parcel Map or Final Map to the Engineering Department. 47. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 48. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE SOUTH and ACANTO DRIVE frontages of the subject property. 49. Install a 4-way stop sign at the intersection of Street "A" and Street "D". Install a stop sign for vehicles egressing at Palm Canyon Drive South. Install a stop sign for vehicles entering Street "B" at Street "D". Install a stop sign for vehicles entering Street "A" at Street "C". 50. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the PALM CANYON DRIVE SOUTH AND ACANTO DRIVE frontages prior to issuance of a Certificate of Occupancy. 51. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 52. 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. 53. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. ry c A. V N o e.'WAlla A`'F°R`'� City Council Staff Report Date: JULY 1, 2009 CONSENT CALENDAR Subject: JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVING AN AMENDED AND RESTATED SUBDIVISION IMPROVEMENT AGREEMENT WITH IRP EL PORTAL ASSOCIATES, LLC ASSOCIATED WITH TENTATIVE TRACT MAP 30050 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY On July 30, 2008, the City Council authorized staff to prepare an amendment to a Subdivision Improvement Agreement with IRP El Portal Associates, LLC, a Delaware Limited Liability Corporation, to relieve the developer from the responsibility to construct regional flood control improvements along South Palm Canyon Drive for the ALTA Project (Tentative Tract Map 30050) located at the northeast corner of South Palm Canyon Drive and Acanto Drive. The revised agreement has been prepared, and it has been approved by the developer and City Attorney, and is ready for City Council and Agency approval. RECOMMENDATION: 1) The City Council approve amended conditions of approval for Tentative Tract Map 30050; and 2) The City Council approve the Amended and Restated Subdivision Improvement Agreement by and between the City of Palm Springs and Community Redevelopment Agency of the City of Palm Springs and IRP El Portal Associates, LLC, a Delaware limited liability company, associated with Tentative Tract Map 30050; and 3) The Community Redevelopment Agency approve the Amended and Restated Subdivision Improvement Agreement by and between the City of Palm Springs and Community Redevelopment Agency of the City of Palm Springs and IRP El Portal Associates, LLC, a Delaware limited liability company, associated with Tentative Tract Map 30050; and ITEM NO. �` City Council Staff Report July 1, 2009 - Page 2 TTM 30050 Amended Subdivision Improvement Agreement 4) Authorize the City Manager and Executive Director to execute the agreement on behalf of the City and Agency. STAFF ANALYSIS: On July 30, 2008, the City Council authorized staff to prepare an amendment to a Subdivision Improvement Agreement with IRP El Portal Associates, LLC, a Delaware Limited Liability Corporation, to relieve the developer from the responsibility to construct regional flood control improvements along South Palm Canyon Drive for the ALTA Project (Tentative Tract Map 30050) located at the northeast corner of South Palm Canyon Drive and Acanto Drive. Please refer to the July 30, 2008, staff report (Attachment 1) for more details. Staff has coordinated with the developer on appropriate amendments to the original Subdivision Improvement Agreement. Staff has also identified changes to the original Conditions of Approval to reflect the Council's authorization to delete the obligations associated with construction of the off-site flood control improvements. All of the recommended changes to the Conditions of Approval relate to Engineering conditions; a full copy of the final amended Conditions of Approval (in legislative format) is included as Attachment 2, as well as Exhibit "A" to the amended agreement. The revised agreement (see Attachment 3) has been prepared, and it has been approved by the developer and City Attorney, and is ready for City Council and Agency approval. FISCAL IMPACT: Approval of the amended Subdivision Agreement and Conditions of Approval, allowing Tract 30050 to be completed without the construction of the flood control improvements, will unencumber $2,033,750 in Community Redevelopment Agency bond proceeds originally earmarked for construction of the Tract 30050 flood control improvements. These funds can now be used for other qualified capital projects in Merged Area #2. Submitted: ✓ = David J. Barakian Director of Public Works/City Engineer David H. Ready, City Manager ATTACHMENTS: 1. July 30, 2008, City Council staff report 2. Amended Conditions of Approval for Tentative Tract Map 30050 3. Amended and Restated Subdivision Improvement Agreement I)4 ATTACHMENT JULY 30, 2008, CITY COUNCIL STAFF REPORT OF�'►LM s'�4 a v N c�L/F4RN�'P% City Council Staff Report July 30, 2008 Subject: AUTHORIZE STAFF TO PREPARE AN AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT AND MAP CONDITIONS OF APPROVAL WITH IRP EL PORTAL ASSOCIATES, LLC, A ❑ELAWARE LIMITED LIABILITY CORPORATION, FOR TRACT MAP NO. 30050 (ALTA), RELIEVING THE CITY, THE COMMUNITY REDEVELOPMENT AGENCY, AND THE DEVELOPER FROM THE OBLIGATION TO FUND AND CONSTRUCT CERTAIN FLOOD CONTROL IMPROVEMENTS ON SOUTH PALM CANYON DRIVE AND RELEASING NINE RESTRICTED LOTS IN THE TRACT FOR SALE AND DEVELOPMENT From: David H. Ready, City Manager Initialed by: Public Works and Engineering Department Community and Economic Development Department SUMMARY This action would authorize Staff to prepare an amendment to a Subdivision Improvement Agreement with IRP El Portal Associates, LLC, a Delaware Limited Liability Corporation, relieving the Developer from the responsibility to construct regional flood control Improvements along South Palm Canyon Drive for the Alta Project, located at the northeast corner of South Palm Canyon Drive and Acanto Road. (TM 30050, Case No. 5.0899, PD 271) In addition, the Amendment would relieve the Community Redevelopment Agency of the obligation to fund a major portion of that structure, in the amount of$2,033,750. The Agency had made a commitment, included in the Subdivision Improvement Agreement, from a Tax Allocation Bond Refinancing in June 2004. Several delays in the acquisition of property for the drainage basin and acquisition of easements onto the Indian Canyons Golf Resort, across allottee property, and obtaining the Riverside County Flood Control District and the Tribal Engineering Department's approval of the flood control structure design, caused the flood control project to be delayed by several years. The original estimated cost of the flood control improvements of $2,033,750 is now significantly out of date. The newest engineer's estimate of the work is at least $2.7 million plus the cost of water line relocation which potentially pushes the total project cost above $4„0 million, beyond the ability of any of the parties to fund at this point. The Developer has raised the restricted lots out of the flood plain, making them eligible for development once a Letter of Map Revision (LOMR) is received from FEMA. RECOMMENDATION: 1) AUTHORIZE STAFF TO PREPARE AN AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT AND MAP CONDITIONS OF APPROVAL WITH IRP EL PORTAL ASSOCIATES, LLC, A DELAWARE LIMITED LIABILITY CORPORATION, FOR TRACT MAP NO. 30050 (ALTA), RELIEVING THE CITY, THE COMMUNITY REDEVELOPMENT AGENCY, AND THE DEVELOPER FROM THE OBLIGATION TO FUND AND CONSTRUCT FLOOD CONTROL IMPROVEMENTS ON SOUTH PALM CANYON DRIVE AND RELEASING NINE RESTRICTED LOTS IN THE TRACT FOR SALE AND DEVELOPMENT STAFF ANALYSIS: As a condition of approval on most development projects, developers are required to construct public improvements that benefit their projects, especially if those improvements are located adjacent to the project site. These costs typically include street and sidewalk improvements, median islands, parkway or greenbelt landscaping, traffic signals, and all flood control and drainage facilities (on site or off site). In Palm Springs, where there exists a Drainage Master Plan in most of the city, the cost of drainage and flood control improvements are rational and predictable, if not inexpensive. In the most expensive portion of the City, in the east-central portion (around Lowe's), a drainage fee of approximately $9,600 per acre is assessed against all development. Redevelopment Agency History Over the past fifteen years, several developers have made requests for Community Redevelopment Agency assistance on flood control improvement costs for residential projects in the South Palm Canyon area, particularly the Alta (formerly El Portal) and Monte Sereno projects, because many of the master plan improvements were "regional" in nature: that is, the majority of the benefit actually accrues to properties spread over a wide area and not one particular project. The relatively high cost and regional nature of the improvements is an argument for the public agency to participate in the improvements, rather than requiring their cost to be borne by a single project. The Canyon Redevelopment Project Area (now part of Merged Area #2) was formed in 1991 specifically to promote development of the area, given the significant infrastructure needs related to flood control and drainage. When the Canyon Redevelopment Project Area was created in 1991, the Agency committed to the developer of the Canyon Park Master Plan that it would fund the development of all flood and drainage infrastructure in the project area, up to a maximum of$300 million over the life of the project (40 years). The case for Agency assistance was simple: while these residential projects promised to generate significant tax increment for the Agency and would increase the supply of truly high-end housing in the city, they faced extraordinary costs due to flood control measures required by the Riverside County Flood Control ❑istrict (RCFC) in order to address the regional offsite hydrology issues. The total anticipated cost of the flood control improvements alone is over$12 million, far more than can be absorbed by either a single developer or the home-buyers in the tract even in $1 million homes, if the project were to remain competitive with others in the Valley. In addition, the City required participation in the development of a bridge over South Palm Canyon Drive, as well as the construction of a fire station to serve the Canyon area. At the time that Tentative Tract Map 30050 was being considered by the City in 2003, the City was also coordinating preparation of a Master Plan of Drainage for the South Palm Canyon Area, as the area was not included in the City's Drainage Master Plan. Master Plan of Drainage Fee The South Palm Canyon Area south of Murray Canyon Drive is not included in the City's Drainage Master Plan described above; therefore, each development proposal is subject to review and approval by RCFC, with each developer bearing the cost of his own direct (on-site) and indirect (off-site) flood control mitigation. The estimate of the entire cost of the master plan flood control improvements in the Canyon is $12 million or more. In addition, there are several areas of infrastructure that need to be upgraded to accommodate current and future development in the Canyon, including the installation of an all-weather bridge on South Palm Canyon Drive and the construction of a new fire station in the Canyon. At least a portion of the flood control and infrastructure costs are "regional," which are often bome by either the public agencies (City/Redevelopment Agency) or shared with other benefiting property owners. Since 1991, several studies have been completed to determine the appropriate flood control mitigation measures in the Canyon area and to estimate the construction costs, as well as to develop a cost basis for the streets, bridges, and other required public improvements. These flood control studies are a basis for determining the pro rata cost of the flood control improvements for the parcels in the area; in addition, there are estimates available for the necessary streets and traffic improvements. In 2003, the Agency hired the engineering firm of Berryman & Henigar to conduct a fee study under the provisions of the California Government Code Section 66000 in order to determine the public and private benefit shares of the estimated Master Plan costs and, determine an equitable share for developers seeking to develop in the Canyon area. Such a fee was adopted by ordinance based on the conclusions of that study in February 2006 and became effective in April, 2006. There are a number of factors that complicated the calculation of a fee: the topography of the area means that there is a high degree of disparity between the benefit of a flood control fee across the Canyon, with adjacent tracts being subjected to very different direct requirements for flood control improvements, depending on which is in the flood plain; second, a portion of the area is already developed and may have been developed under more lenient flood control guidelines, suggesting that existing development may derive benefit from the future improvements without paying for them, and that there was no prior mechanism for collecting an infrastructure impact fee; third, about half the developable Canyon area lies outside the City limits of the City of Palm Springs, making the assessment of those parcels difficult, even though some improvements need to be constructed outside the City; and, fourth, a significant portion of the Canyon is either Indian allottee land or directly owned by the Agua Caliente Band of Cahuilla Indians. While the City has the right to impose development fees on allottee land within the City limits, its ability to assess fees on Tribally owned parcels is circumscribed and the City and Tribe have not yet negotiated the specific terms of a voluntary fee program on Tribal or allottee land outside the City limits. Nevertheless, the Developer Fee was adopted in February 2005 and is in effect for the Canyon area for all new development. lnfrastructure Costs The Drainage Master Plan as prepared and summarized by the engineering firm of Tettemer and Associates (now Stantec Consulting, Inc,), include: Original Estimated Watershed/Drainage Facilities Construction Cost Dry Canyon Improvements 1 Arenas Lateral 30,000 2 Dry Canyon Debris Basin 37,500 3 Dry Canyon Channel 1,828,750 4 Acanto Drive Storm Drain 137,500 Palm Canyon Wash 5 Westerly Bank Rip Rap Protection 1,401,250 12 Westerly Bank Concrete Levee 2,500,000 Arenas Canyon 6 Arenas North Channel 1,055,000 7 Andreas North Desilting Basin 1,043,750 8 South Palm Canyon Drive Culvert Crossing 155,000 9 Arenas South Channel 2,000,000 10 South Palm Canyon Drive Bridge & Street 3,494,079 11 Improvements New Fire Station 2,500,000 Total Estimated Construction Cost $16,747,829 a� Specific to the Alta project is a regional flood control improvement that will accept storm water runoff from the mountains south of Acanto Drive and convey it through underground culverts and an open channel, ultimately outletting into the lake located on the Indian Canyons Golf Resort at the northeast corner of South Palm Canyon Drive and Bogert Trail. The construction would not only protect the new homes in Alta from flooding but also provide all weather access to the tract itself and other properties located on Acanto or south by mitigating the sheet flow of water that crosses (and closes)South Palm Canyon Drive in a major storm event. The developer of the Alta project has had plans prepared by Stantec for construction of the required flood control improvements. The plans prepared by Stantec and specifications prepared by City staff are ready for Agency Board approval and the subsequent advertisement for construction bids. The Engineer's Estimate for this project is $2,700,000. Agency Financing Proposal As a result of negotiations with Palm Canyon, LLC (the original Alta developer) commencing in October, 2001, the Agency committed to constructing the Dry Canyon Improvements, which were specifically set forth as obligations under Engineering Conditions 38, 38A, 38B and 38D to Tentative Tract Map 30050 approved by the City on June 19, 2002 (and listed as Items 1-4 in the table above with estimated cost from the Teltemer & Associates study). Conditions of Approval for Tract 30050 required the Developer to construct the drainage improvements described above. The Subdivision Improvement Agreement between the Developer and the City of Palm Springs requires the Developer to design the facility, but anticipates the Agency's contribution toward the construction cost from 2004 Tax Allocation Bond refinancing proceeds. The Developer agreed to obtain or provide: (1) approval of the flood control structure design by RCFC; and (2) acquisition and approval by the BIA of spillway easements onto the golf course and from the underlying allottees. City staff was willing to assist the Developer but the primary responsibility for these two items stayed with the Developer. The Agency refinanced Tax Allocation Bonds in June 20G4 and set aside $2,033,750 for Alta flood control improvements. In 2004 the Agency and Developer expected that amount to be adequate to cover the cost of construction. This project was anticipated to be bid and constructed by the City of Palm Springs on behalf of the Agency once the necessary easements were in place and a design was approved by RCFC. Under tax exempt financing regulations, the Agency should have expended the funds by June, 2007 in order to meet the arbitrage rules under tax exempt financing law. Because that deadline has been missed, the funds are now in a rate-restricted account. Restrictive Covenant The City has also recorded a covenant against the Developer's project, restricting the development of nine lots located closest to Palm Canyon Drive, as security for the Developer to move forward with the flood control design. This covenant would be released upon the satisfactory Completion of the required off-site improvements, including the flood control improvements. The rationale, in addition to the security, was r� that these lots were in the flood plain and would only have that flood plain designation removed once a LOMR was received upon FEMA's acceptance of the installed flood control protection. However, the Developer has raised the pads out of the flood plain and has requested the City Engineer support its Letter of Map Revision (LOMR) application without the construction of the flood control improvements in order to move forward with marketing them. As described above, if the project went forward without the construction of the flood control improvements the change in the pad height would protect the individual homes, but the overall access to the tract could be cut off, as well as access for anyone living along Acanto Road or south. Project Delays Since the beginning of the design process, the project has been challenging. Currently In the event of a major flood, water flows off the mountain and across Palm Canyon Drive and eventually makes its way to the golf course, which is the natural flood control retention area. The nature of the original improvements was that they were designed to take flood water from the Dry Falls area on the west side of Palm Canyon Drive, route the water into an inlet structure on that side of the street on property owned by the Tribe, into a pipe that would cross under South Palm Canyon Drive into a landscaped rip-rap channel flowing northbound along the east side of Palm Canyon Drive, into another box or pipe that would cross under Bogert Trail and empty the water into the lake on the Indian Canyons Golf Resort, near Bogert Trail and Palm Canyon. The benefits were the protection of homes and the ability to have all weather access along South Palm Canyon Drive. At first delays were design-related. In crossing South Palm Canyon Drive, RCFC required that the box be at least 6 feet high in order to allow for maintenance equipment to get in after a major flood event. Without a debris basin in Dry Falls, the risk was that the structure would cant' debris into the box and back up. Without adequate height to get equipment in, RCFC felt they would be unable to maintain the structure, and their Operations staff rejected any plan that did not include 6' of height. Another problem was that a 6' high box would require a vertical realignment of South Palm Canyon Drive, meaning a major rise in the road. In addition, any design crossing South Palm Canyon Drive would require the relocation of a 30 inch Desert Water Agency line and a secondary 16 inch water line at a cost of nearly $1 million. Various design options that included smaller, wider boxes with access from the top never received final approval from RCFC, At the outlet end of the structure, the Developer was required to obtain easements to carry the water onto the golf course. They obtained through the threat of condemnation a privately-awned parcel for storm water detention (the Stich Parcel) and a leasehold easement from the Agua Caliente Development Authority, the owners of the golf course and the lessee of the land. However, negotiations with the six allottees which own the underlying fee interest on the golf course and adjacent parcels were more difficult and took much longer. The easement over the fee interest, rather than merely the leasehold interest, is necessary in order to effect an easement in perpetuity or "without limitation." At this point staff understands that an easement has been negotiated between the Developer and allottees but not finalized through the 81A. Without the easements the structure cannot reach the outlet on the golf course. Concurrently with the negotiation for the allottee easements, the Developer needed to obtain an easement for the inlet structure from the Tribe for access onto the Toro Ranch property on the west side of Palm Canyon Drive. However, Tribal engineering staff directed the Developer to redesign the project to provide more flood control protection on Tribally-owned property on the west side of Palm Canyon Drive. This redesign changed the location of the entire flood control channel: rather than crossing under South Palm Canyon Drive near Acanto, the flows would be conveyed north along the west side of South Palm Canyon Drive in a wider open channel on Tribally-owned property with an ultimate culvert crossing at Bogert Trail to the outlet at Indian Canyons Golf Resort. Under this redesign, the City/Agency would have constructed the channel using the bond funds but then dedicated it to the Tribe, which would have needed to provide the City with the same standard indemnification as we would have received from RCFC. After more than a year of Stantec working on a modified design, Tribal staff decided that it was not in the Tribe's best interest to have the structure on the west side of Palm Canyon Drive and agreed to allow the original design to move forward. The amount spent by the Developer on design is over $750,000 to date, and the Developer had received informal estimates of the actual construction cost of the structure, including the water line relocation, to be in the $$.5 to $4 million range. The Engineer's estimate of the flood control project alone is $2.7 million. The Developer has indicated that they are not prepared to absorb these additional costs considering the relative benefit of the project to the development and the current state of the home building industry, In 2007, the City Engineer directed the Developer to: • Provide the City with copies of the bids received for the Flood Control Improvements from the contractors that have informally bid the project, • Complete the construction plans for the flood control improvements, prepared by Stantec, including processing them for approval from RCFC. • Complete the construction plans and details for the required relocation of Desert Water Agency (DWA) facilities at South Palm Canyon Drive and Bogert Trail necessary for installation of the flood control improvements. • Complete the acquisition of storm drain easements in favor of the City of Palm Springs from the Tribe and individual Tribal allottees. • Complete the other required offsite improvements including undergrounding of utilities, street improvements, landscaping, etc. regardless of whether or not the flood control improvements are constructed as these are an obligation under the Subdivision Agreement_ Both the Developer and Consulting Engineer have produced letters that provide additional detail about the design and approval process. +6 Recommendation It had been the City/Agency's intention to proceed with formal construction bidding of the flood control improvements as a publicly bid City Project, including requisite utility relocation of DWA facilities, such that the City would receive a valid construction cost for the project and definitively determine the significance of the cost overrun above the Agency's maximum contribution. However, given the Engineer's estimate of $2.7 million for the flood control structure itself, the informal construction bids in the range of $3.5 to $4.0 million for the combined project, and the inability of the Developer to contribute additional funds in a fragile housing market, it is apparent that to proceed with this project, the Developer, City and/or Agency would have to expend additional funds along with the original $2,033,750, which may be better invested in other initiatives, such as improvements in Section 14. Staffs recommendation is to proceed with the Amendment to the Subdivision Improvement Agreement to relieve the Agency and Developer with the responsibility for constructing this regional improvement in favor of the project-based solution of paying the establish drainage fee of $137,000 and raising the pad elevations. The Developer is still required to complete the other required offsite improvements obligated under the Subdivision Improvement Agreement, including the undergrounding of utilities, street improvements, and landscaping, whether or not the flood control improvements are constructed. The second recommendation would be to assist the Developer in its LDMR application to FEMA, once the City has received certification that the pads are raised outside the flood plain without the construction of the flood control improvements. These are the recommendations of staff based on the financial realities of the project today and the activities of the Developer to protect the homes in the tract. However, not building this flood control structure means that the area south of Bogert Trail would remain without an all-weather crossing, including the Alta tract itself. This includes the subdivisions within and outside the City on Acanto Road, and the Indian Canyons themselves, which are several miles south of Acanto. There is no all-weather crossing on South Palm Canyon today and that condition would remain without the drainage structure discussed in this report. FISCAL IMPACT, Amending the Subdivision Agreement and Conditions of Approval to allow Tract 30050 to be completed without the construction of the flood control improvements would save the Community Redevelopment Agency at least $2,033,750 in bond proceeds. These funds could be used for other qualified capital projects in Merged Area #2, which includes the Canyon and Section 14. The Canyon Project Area and Section 14 are in the same Merged Project Area #2. 1A U Y� - David J. Barakian Director of Public Works/City Engineer &EmrbmicDeMoMwit Thomas J. Wi n David H. Ready Assistant City Manager Executive Director Attachments: 1) Letter from Andrew I. Sands, IRP EL Portal, LLC (Developer) 2) Letter from William E. Lawson, P.E., 5tantec Consulting, Inc. (Engineer) IRP El PORTAL ASSOCIATES,LLC 3199 Cody Court Palm Springs,CA 92264 July 17,2008 Mt, John Raymond City of Palm Springs Director of Community and Economic Development 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 Re: Alta Flood Control Improvements Dew Ivlr.Raymond, As you know,the design of the Flood Control Improvements have been going on for over four years now, Back in June of 2W4,your Agency set aside$2,033,750 ror the Flood Control Improvements in question. At the time,both your Agency and Palm Canyon, LLC,(developer prior to IRP El Portal Associates,LLC)expected the money to be adequate for the cost of construction.However after four years of design changes and delays to accommodate Riverside County Flood Control(RCFC),Desert Water Agency (DWA),the City of Palm Springs,the Tribe,the Allottees,and four years of cost escalation,the$2,033,750 is no longer sufficient to cover the cost of construction. The history of the Flood Control Improvements design is described in the attached letter from our consulting engineers,who are once again requesting additional funds to be able to complete their services. Without getting in too much detail,the following is a brief history: To begin with,the original design was modified numerous times in order to meet RCFC's maintenance requirements,the issue being the shallow structures that were initially designed to avoid existing DWA waterlines along South Palm Canyon and Bogart Trail. Then,in negotiating rights and fees for easements with the Tribe and Allottees,the project was more or less put on hold until an agreement could be reached on an alternative location for the Improvements_ At the request of the tribe,the decision was made to move the bulk of the Flood Control Improvcments from the easterly side to the westerly side of South Palm Canyon Drive. However,after substantial delays and many design considerations,the Tribe reversed their previous decision and the Flood Control Improvements were relocated once again to the easterly side. Additionally,further design changes were mandated as a result of the District's maintenance requirements of having a a Mr.John Raymond July 17,2008 Page 2 b' deep reinforced concrete box(RCB)structure. Ultimately,this requirement resulted in a complete vertical realignment of South Palm Canyon Drive and the relocation of a number o£IDWA lines. Per the City's request,we obtained an engineer's estimate to construct the approved Flood Control Improvements. The Improvements were estimated at$2.7 million. This number,however,did Tint include the cost of the now required vertical realignment of South Palm Canyon Drive and the relocation of DWA lines,nor did it include similar work required on Bogart Trail. The total cost of this project,excluding costs we have incurred to date exceeding 5750,000,will now exceed$4 million. As indicated above, over the last four years we have expended in excess of$750,000 on this project trying to bring all the parties and design requirements together. Yet,we still face ongoing design costs,RCFC maintenance fees,and costs associated with purchasing the easements,the latter of which remains unresolved. We have worked diligently and in good faith to fulfill our obligations under the Conditions of Approval. The casts of the Improvements,however, after years of delays, design changes,and cast escalation are substantially more than the$2,033,750 bond originally set aside. Our costs to date as explained above,have substantially exceeded our initial budgeted financial obligations related to the Conditions of Approval and,,given current market conditions,we are not in a position to firrther exceed our obligations and absorb the difference between the original cost and the projected costs of the newly designed Improvements. The tea single family lots in our subdivision that were deemed to be in the 100-year flood plain have been raised out of the plain. Therefore,we respectfully request that you relieve us of any further obligations related to the Flood Control improvements. Sincerely, . Sands E cutive Vice President Cc: David Ready Tom Wilson Palm Springs City Council eaps 19 Tech ology 0 a Inc. 19 Technology�ma livine CA MW2334 Tel:1949)323.6abb For.(949)923-6121 Wntec W. July 16.200E File. 2040 014W5-210 Concert Realty Partners, LLC 801 South Figueroa Street Suite 3400 Los Angelus,California 90017 Attenuant Mr,Andrew Sands,Managing Partner Reference. South Palm Carryon Channel and Acanto Drive Storrs Drain Design,Tract 300SO Dear Mr.Sands: Stance Is currently out of funds to continue to service the above referenced project. 1 have reviewed the various stages Of the construction plan preparation for the subject project and will describe below how this design halo evolved to where it is today. I have also reviewed the Scope of Services covered by each of the project Change Orders,meeting minutes and other significant p iolart correspondence.and documents that have been prepared since the project was acquired by tRP a Portal Associates, LLC,in late 2004.The following paregraphs summarize the results of my findings in this review and we hope that this letter will help explain our request for additional funds. Construction Plans - Prior to the acquisRion of this project by IRP El Portal Associates,LLC,three(3)plan submittals were made to Riverside County Flood Control b Water Con3ervalion District(District)and were dated November 26. 2003, March 3, 2004 and June 30,2004. respectively These plans were prepared for Palm Canyon.LLC who preceded IRP El Portal Associates in the development of Traci No. 30050 and the associated Dry Canyon Channel(now referred to as the South Palm Canyon Channel).These initial plans showed the channel as primarily an open trapezoidal channel along the easterly side of South Palm Canyon Drive(SPC Drive)with a reach of RCR(Reinforced Concrete BOX)culvert from the inlet on the west side of SPC Drive at Acanto Drive to Ole open channel on the east side of the slreeL and similarly,a short reach of RCB passing under Bogert Trail to the outlet in Canyon South Golf Course. The open channel was provided with a slightly weaving bottom alignment and intermittent riprap protection. The Acanto Drive StOrm Drain system consisted or 60"ID RCP(Reinlorcod Concrete Pipe)from Acanto Drive to a jundtOn with the open channel southerly of the tract entrance road,and had 12 catch basin inlets in Acanto Drive. A short 24"RCP storm drain was also provided in Bogert Trail which connected to the RCB there,and two Inlets in SPC Drive were also provided, The Iraq detention basin's 30"ID RCP outlet pipe also connected to the RCB southerly of Bogert Trail. The RCB culvert structures were designed with very shallow heights of only three(3)to four(4)feet In order to clear the existing DWA waterlines in the street Ultimately,however,the District changed their view and opposed these shallow structures, and asked for alternative design solutions that were:more condusive to District maintenance. V�IPROJCCT5t2a100taeoswaCapb mnVlr„5tanteq_Tolum IRP 2ea8a71fldac F ;_J shnhe July 1%2OW Mr.Andrew San4.Managing partner Psplp 2 of 3 Roble new South palm Canyon Channel and Aeardo Drive Stem,Drain Design,Tract 30050 Coneurrently,ongoing dhacassiona bedueen IRP FJ Portal Aseecietas and Ague Caliente Development Authority ragaidtng the aequlsilon of easements far the projed revealed that the Tribe wanted the flood co�Val char I to lea b tad Col the westerly side of South Palm Canyon Drive for more flood control of Tribal Land. In June 2004 exhlbb were prepared showing a continuous RC8 facility,ma&ty along the westerly side of SPC Drive,but crossing to the east side when there was adequate clearance over the water lines. I recall a number of vsrit Wns on this concept,but don't have exhibits for mote than a few of them. Use of pro-cast RCB's was also studied during M period. In November 2004 an exhibit showing hvo optWit was prepared. One option was for a trap channel along the westerly side of SPC Drive with a large RCB crossing Des street and continuing on to the golf course outlet The second option was for a continuous RCB strurtura,mostly located on the wastidy skle of the street.but cracaing at the same location as In the Hot option. The 60'10 RCP Acento Drive storm drain was extended much further north to a point of connection with the RCS,in these options. On January 26.2005,there was s meeting hold at the District In which the Issue of District fsClWes being constructed on Tribal Inns was the primary topic of discusslon.Thera was tittle or no agreement between the District and the Tribe and it was during the months,that followed that we postponed the plan review prowls with the District and began to work more closely with the Tribe and the City of Palm Springs as we continued to work on altemativeS. We had a number o1 meetings with the Tribe,DWA and MSA during Greet period Ind on June 3,2005 the Tribe sent a letter to the City proposing that an open charntal be constructed on Tdbsi lands along the westerly side of SPC Drive. Progress was slow,however,butwith the Tribe's cooperation we did develop an alignment end cross-section for the proposed channel srhd prepared exhibits showing the channel Inlet at the sarne location previomly propoead for the RCB Inlet IS-submgmq at Arann Drive,but with the outlet comee ft to a proposed ChsnnN coming from the future westerly Allures projed(now taped Eagle Canyon)and passing under SPC Drive norm of Bogert Trail Into the golf course. In early 2006,Stantsc prepared an exhibit showing me lopographle mapping requirements for this channel concept and MSA submitted a proposal to perform the necessary field survey work and prepare the k*K grsphlo map. A meeting was held at the Tribal Plarming office on January 11,2005 to discuss the mapping and design requirements for the channel. A draft Memorandum of Understardhtg(MOU)was prepared by Dale William for the Tana and submitted to the City, IRP El Portal Associates,and Starriec for review on March 1,=W. Due to the lack of any further progress with the Tribe,however.the design work coon Came to a standstill. On August 24.2006,we were advised that Dale Walter$had left his position at Tribal Planning and that the Tribe was withdrawing Ito offer to alktw the channel construction on Tribal lends, Cgnollrtentiy, IRP El Portal Aesoolataa asked for Inereaead asrlstaM from Stamiec to look for an acceptable solution to the drainage problem, On January 0,2007,Marous Fuller of the City or Palm Springs Issued an a-mall indicating that this storm draln design effort was being're4nklated! On March 21,2007,we met with the District again to come up wilh a viable solution for the project. Stantec was then Instructed by IRP El Portal Associate&in prepare preliminary plans ASAP and submit Mom to the Disbict for review. The requested rubrnpaal was made on April S.2007. On May M 2007 we received plan check comments from the District and 1 allrxied a maating with the District on June 12,2007 to discuss thole oommema. Although v"detailed for a preliminary review,the District's comments formed a good set of design criteria for the prepamtlon of the Anal construction plans. IRP FJ Portal Associates however,wets reluctant to allow StantW to proceed with the final plan preparation v:+artG1EL'7811atbQ1t0031det?r20p ppnYlr 8mrt�T�rn�iP,}ee9D770.tloC studec July 16,2009 Mr.Andrew Sends.Managing Partner Page 3 of 3 Rafrrance: South Palm Canyon Channel and Acanto Ddvo Storm Drain Deafgn,Tract 30060 until we were sure that the District and city would both stipport the proposed design Stontac was eventually allowed to proceed with the final design and the Construction plans were submitted to the District for review on December 21.2007. On January 9,2008.Marcus Fuller(City)requested that Stantee also prepare Technical Specification and an Engineer's Opinion of the Estimated Construction Cost for the project for use In bidding out the construction of the project.The requested documents and a set of prograss plans were submitted to the City and to the IRP El Portal Associates on April 9,2008. The submitted documents were not without additional design changes and delays. In order for the District to approve the design,the RCB's height flad to be adjusted to meet District maintenance requirements This in turn resulted in a vertical realignment of VC Drive and the relorallon of the 30'and IS'Desert Water Agency lines. Diff4fant options,Including smaller,wider KCBs with access from the top were suggested but not approved by the DislricL The current design,like the V Submittal of 2004, has the flood control channel on the easterly 6da,but there are significant design differences_ Based on comments received from the District and from the city the open portion of the channel is shorter rn length now and has a straight alignment and a fully dpiap-lined trapezoidal section, Beginning at the tract entrance read the channel Is a buried RCB structure fhat extends upstream to the Inlet on the westerly side of$PC Orlve. The Interior height of the KCB's has bean increased to six(6)feet to Satisfy Dlatdct maintenance requirements;according to DWA,this wig require a costly relocation of Interlenng portions of the walerUnes In SPC Drive and In Boger[Trail. Maintenance access to the RCS's and open channel remains a design issue with the District, but there is insufficient space available to give them all of the access that they want, The alignment of the Acantd Drive Storm Drain remains relatively unchanged,however,the profile of the pipe has been modified to achieve a minimum slope of one(1)percent,and the pipe material has been changed to a concrete arch section so as to allow the necessary earth cover over the pipe without major changes in the existing grading of the area. At the moment,after nevaral rounds with the District and the city, some additional work on the plans will still be required in order to secure District and City approval of the plans for construction of the project. Change orders To date, fourteen(14)change orders have been processed through IRP El Portal Associates in order to cover the Changes In the design direction that have been desodbed above. Additional funding will be required by Stanted to complete the construction plans and to prepare and process a LOMR through FEMA for the final design If these facilities are to be constructed Please let us know what your earliest convenient limo to meet is sa that we can oulfine the additional oervicas required for Stantac to complete your project If you have any quostiens In regards to the information provided in this letter,please let me knew. Sin `c �ere l y, V4 V uA'4lu �) 9 STANTEC CONSULTING INC, Witham E_Lawson, PE Senior Project Manager.Environment Tel;(949)923.6113 Fax(049)923.8077 c, Joe Long Kevin Brandt V,WRCJECTS12aeae7&4a51doc120amrrV& Slanlw_7 alUm_1RP,�7080T16 dice Y A17ACHMENT2 AMENDED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 30050 �7 EXHIBIT A TTM 30050 and Case No. 50899 - PD-271 Northeast corner of South Palm Canyon Drive and Acanto Drive June 19, 2002 Amended by Council July 1, 2009 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, 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. PLANNING 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 Specific Plan Amendments, TTM 30050 Case No. 5.0899 - PD-271. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 5. 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 negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. 6a. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site crass sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 6b. The property development standards for this project shall be Section 92.01.00, R-1-B Zone, except for the modifications to minimum lot size, lot depth, lot width, front and side front setbacks, and detached garages. Front and side front setbacks for the residences and detached garages will be considered at 10 to 15 feet and 20 to 25 feet, respectively, pending submittal of final development plans. 7. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Final landscape plans shall include the entire street right-of-way landscaped areas. The project shall be responsible for installation and maintenance of all landscaped areas within the right-of-way and easement area. S. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code. Therefore, a fee of $1,250.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 9. 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. 10. 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 I � J 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. 11. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a farm to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property including the equestrian easement and landscaping within right-of-way in a good condition and in accordance with all ordinances. 12. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes, 13. 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. 14. 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. 15. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 16. The street address numbering/lettering shall not exceed eight inches in height. 17, Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 18. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 19.• The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 20. Texture, materials, and colors to be used on the proposed fences and walls shall be submitted for review and approval prior to issuance of building permits. 21, Vehicles associated with the construction of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 22. 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 Engineering specifications. 23. 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. 24. Trash cans shall be screened from view and kept within fifty (50) feet of the street. 26. The applicant shall dedicate a 30' easement and construct a 15' wide equestrian trail between the property line and Lots 27 to 35. Design and details shall be submitted with the final Planned Development plans. The equestrian trail shall be separated from the sidewalk and Lots 27 to 35. A minimum 15' decomposed granite trail, landscape, fencing and signing shall be provided. If SP-1 is amended, and a trail is no longer required, the Planning Commission may delete this condition at Final PD stage. 26. Final development plans shall be prepared in accordance with the Mitigation Monitoring Program for Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan/EIR. Prior to approval of the Final PD and Final Tract Map, a comprehensive mitigation monitoring report consistent with the Monitoring Program shall be prepared and approved by the Director of Planning and zoning. The City shall be reimbursed for the cost of preparation and/or review of said report. Refer to City Council Resolution No. 17598 certifying the Final EIR for the Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Plan for specific details. All mitigation measures, where applicable, shall be adopted as conditions of approval. The following measures are hi lighted for convenience: a. Prior to final project acceptance including approval of the final map or planned development district, the City shall establish a formula for the applicant's payment of their "fair share" of the costs of the matters listed below, and applicant shall pay fees pursuant to the formula or post such security as the City Attorney shall determine is appropriate. The fair share formulas shall be based on data developed by City or its consultants to determine the applicant's proportionate responsibility for providing the specified public improvements, and for producing affordable housing, based upon the benefits received by the project and/or impacts caused by the project. The costs shall include not only construction casts, but also design, engineering and other similar casts, as well as City administrative costs including the costs of developing the fair-share formula. Fair-share formulas shall be developed for the following matters: i) Funding of site acquisition and construction of a fire station providing adequate fire protection services to the project site and vicinity. ii) Funding of site acquisition and construction of affordable housing meeting the goals of the City's Housing Element, See Section 5-10 (5-184) Jobs and Housing for specific mitigation measures. iii) Funding of construction of off-site roadway improvements and signals as shown in Table 5.14 of the Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan Final Environmental Impact Report. b. Appropriate removal and recompaction of surface soils in areas to support structures will mitigate potential settlements. Building sites planned within the alluvial areas shall be evaluated by the soil engineer for settlement potential during detailed geotechnical studies for design of structures, with respect to the specifics of proposed structure locations, soil conditions, foundation loads, etc. A final sails report shall be submitted with the detailed development plans (grading and structural) for the project- C. All outdoor lighting constructed on the project site shall be directed at the ground to prevent unnatural lighting from interfering with the activity of nocturnal animals that live in the surrounding natural areas. Exceptions to this condition shall be limited to accent landscape and architectural lighting. All lighting which directly illuminates hillsides and wash areas shall be prohibited. This condition shall be included in the CC&R's. d. The applicant and the building contractor shall halt grading or any other construction activity in the immediate vicinity immediately if archaeological resources are uncovered during grading. The applicant and/or contractor shall notify the City and Tribal Council in writing and shall summon a qualified archaeologist to determine the significance of uncovered archaeological resources and appropriate mitigation measures. e. Due to the historical sensitivity of the area, a tribal representative and/or a qualified archaeologist monitor shall be present during all rough grading operations. A written report shall be provided to the City outlining the nature of any resources found on-site, disposition, etc. At the end of construction a written report shall be provided summarizing resources found (if any) and if any additional work is needed. POLICE DEPARTMENT: 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 1. Fire Department Access: Provide detail on the entry median and entry gate area. A 20 foot unobstructed width is required, including gate openings. 2. Mandatory Fire Sprinklers' Project is beyond a 5-minute response time from closest fire station. All buildings, regardless of size, require an automatic fire sprinkler system. (1003.2.1 CFC) C, eJ 3. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes (Or combinations thereof located as directed by the fire department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) 4. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except ground cover plantings. 5. Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 6. Fire hydrant systems: Following fire department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (901.2.2.2 CFC) 7. Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC). Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. 8. Secondary Emergency Access: The emergency access area shown at the south- west corner of the project (west of Lot 35) must meet the same requirements as an access road in condition #7 above. ENGINEERING: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: L�S A. Copy of signed Conditions of Approval from Planning Department. B, All agreements and improvement plans approved by City Engineer, IF applicable. C, Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. PALM CANYON DRIVE SOUTH The following conditions of approval which refer to the pavement width shall be revised, IF necessary, to agree with the focused traffic study as approved by the City Engineer. 3. Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage. 4. GGIUire an eddi#i I-rig. 4ht of . width of n �feet-ene e s' s; of the ne cer4�rn a I...... the e..+i.e 49Rtaee fQ" -- tat l right of way widg:h�t: 5. Construct a 12 inch wide mow strip, 20 feet EAST of centerline from Acanto Drive to the north tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE and at the NORTHEAST AND SOUTHEAST corners of the intersection of PALM CANYON DRIVE SOUTH and STREET `D" per City of Palm Springs Standard Drawing No. 200 and 206. 6. Construct both halves of a 6 foot wide cross gutter at the intersection of PALM CANYON DRIVE SOUTH and STREET "D" with a flow line parallel with and 20 feet EAST of the centerline of PALM CANYON DRIVE SOUTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 7, G9 S+rHo+ a 45. ._feQt—AyW-+ ed8Stri Ribike --*;"Nay- vee" the stGrm ..rater hann,el and the west tFa Gt heyndany tn.+.. the e..+ire fre..+age in aG-Gerdanee with Gity of oel... Sp ngs-,tardard n.2,.,i R9 N '74n onrl rreeting the a -mil .,f+he G#y—la-n nineeF ..d Dire.-+or of PInni#ng� d BUIldi. The nath.�Shel seFy 8-6- the S+..rvrFR Gh .mrGhenn�,�-�.fk}riri�TlP.•• �adway Theme.ow$,t C f��+ �f�� nah y-shall he .. RMrented ...i+h 6 tttt4L (6 saek) O..r+land-l-^e_mneM GeRGre+ ryhe memestgin f t— f the pathway shell be oo4s rii6,t•+,��.i+h, Gk 4e,Gernn ed g rite .-+ed + OnOY _. '7A ..he ati. e- 8001 onrn l��T, e ono +an—ID ek OR equal, z#Rg +h e �. r . al of the city F=Rg ln' �mlCl +rrra, ey Di ^ of °finning and QWd:r. Construct a 15 feet wide meandering equestrian/pedestrian trail along the entire frontage constructed with 6 inch thick decomposed granite compacted to 90% over 24 inches native soils compacted to 90%, tartan block, or equal, meeting the approval of the City Engineer. 8. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed mow strip to 10 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. A redwood header shall be installed along the west edge of pavement. 8a. All improvements on South Palm Canyon Drive shall be completed within six (6) months of City approval of the revised Subdivision Improvement Agreement. ACANTO DRIVE 9. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, 3 feet NORTH of section/centerline and 32 feet NORTH of section/centerline (distance measured from back of wedge curb on south side to flow line of wedge curb on north side) respectively, from South Palm Canyon Drive to the east tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE per City of Palm Springs Standard Drawing No. 200 and 206. 10 QeRStFUGt Ga 1h-bacinc �c ---A-A f..F dFaiRage, an ^-fi rle"+_+n 4he r,rn F rtOrrR d-FaiR 1iRe The Wedge GW4-IJ--a-d „ itt— Shhii tFaRS;t 9R iRte 6 ; oh . rtizal �� eurb-and-gutter- t-41 a I. A+;, T+ hlie des gn sly oho e,� �Q. c.pprv-ra. 11. Construct a 15 foot wide meandering equestrian/pedestrian trail along the entire frontage with 6 inch thick decomposed granite compacted to 90% over 24 inches native soil compacted to 90%, OR equal, meeting the approval of the City Engineer and Director of Planning and Building. Construct a redwood header on both sides of the trail along its entire length. 12. Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage via the tract map. 13. Construct ac pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to proposed gutter along the entire frontage in accordance with modified City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 13a. All improvements on Acanto Drive shall be completed within six 6 months of City approval of the revised Subdivision Improvement Agreement. PRIVATE STREETS 14. The following traffic calming devices, OR equal, (the final configuration to be approved by the City Engineer) shall be incorporated into the on-site streets: Narrowed pavement 'chokers' shall be provided at one location on Street "A", one location on Street "C", one location on Street "D", and one location on Street "E", as approved by the City Engineer. Chokers shall be designed with a transition using 25 foot reverse curves and a 40 to 80 foot long, 20 foot wide (10 .- r feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. The proposed chokers at the east and west ends of Street "D" can be constructed but are not a requirement of these conditions of approval. If they are part of the street improvements, the approval of the City Engineer will be required for the design of same. 15a. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 16.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersection of Street "A" with Street "C" and "D° and at the intersection of Street °D" with Street "B" per City of Palm Springs Standard Drawing No. 200 and 206. Parking shall be allowed on both sides of the street if all buildings are sprinklered and if the parking lanes are clearly marked leaving a clear 20-foot wide vehicular path to satisfy Uniform Fire Code standards. It shall be the responsibility of the Homeowners Association to maintain the delineation and provide signs for the life of the project. Final street design shall be subject to final approval of the Fire Chief, City Engineer, and Director of Planning and Building. 15b. In the event 15A above cannot be implemented, the project shall comply with the following condition: Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 18,5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersections of Street "A" with Street "C" and "D" and at the intersection of Street "D" with Street "B"per City of Palm Springs Standard Drawing No. 200 and 206. 16. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "A" with Streets "C and "D" with a flow line parallel with and 16.5 feet East of the centerline of Street "A" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 17. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "B° with Street "D" with a flow line parallel with and 16.5 feet West of the centerline of Street "B" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18_ Construct knuckles at the intersection of Street "A with Street "E" and at the Intersection of Street "B" with Streets "C and "E" in accordance with City of Palm Springs Standard Drawing No. 104. 19. The on-site cul-de-sac shall be constructed in accordance with City of Palm Springs Standard Drawing No_ 103, curb portion only. 20. All centerline radii shall be a minimum of 130 feet. 21. Construct minimum 10 wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201. See Condition No. 22 for gated entrance requirements for Main Entries that are proposed to be gated. 22. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum curb cut of 100 feet (from BCR to ECR) for the gated Main Entry. B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security gates shall be a minimum of 20 feet clear width in each direction. E. Provide separate lane of ingress for residents. SANITARY SEWER 22. The on-site sewer mains will be maintained by the HOA. Provision for this shall be addressed in the CC & Rs. 23. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. 24, Developer shall construct an 8 inch sewer main across all PRIVATE STREET frontages, through the proposed 20 foot wide drainage/sewer easement adjacent to the southwest property line of Lot 9 OR the northeast property line of Lot 8 and through the existing 30 foot wide utility easement to the existing manhole south of the Palm Canyon Drive South and Bogert Trail intersection in accordance with the Master Plan of Sewers and connect to the existing sewer system. The 20 foot wide drainage/sewer easement shall be located entirely within Lot 8 or Lot 9. 25. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. 26. The project is subject to a sewer assessment fee of $146.19 per lot for construction of the 15" sewer main in Avenida Granada, Calle Palo Fierro and Laverne Way. The fee shall be paid prior to issuance of a building permit for individual lots. GRADING 27. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan_ 28. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: E. Copy of Planning Department comments regarding the grading plan. F. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D_ Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 30. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 31. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 32. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A r� copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 33. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 34. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the import or 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 35. PeVe L...or shall nhtain a�cernents dodmGatod to Rive side County 74eed-GeRtFo1 aad�tiNater--�nsewatmon Il;ctr;nt (RGP ) for fleed—GFyntrel and +..r..ywator dr i anago r�rnta d 7A ..fTr...h JR1A0 rnoAl's 599_799v�2 a..d _! 24) andd—aoress_tha� arrol of land iadkzated a&41e� Gq--_TfaGt 1'74nv rnPN 512 292 944- 36. The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage structures are unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage structures (if any exist), and to determine required stromwater runoff mitigation measures for this project. 37. A portion of this property (a portion or all of Lots 2 thru 10, and 13 and Lots A and B) is in Federal Insurance Rate Map (FIRM) zone A and shall conform to all of the FEMA and City of Palm Springs Flood Hazard Ordinance requirements for this zone. 93R_ The the s+.. m dFa .-hannal and GUIvert-of ^r..dahlo at��ral_+....o�a d .. nfi..Lfr..+;.... able ..f G .o�he - Gt•40f1-c'F� YeaF MUM ff �by—R- -G and the ri+., E.,..;. ai9r�e west tract_beunda ; n„a ithin o ..t fe o atinn end !naintenefw} e dodipatod to RGFG in a forr. 4see .table to the RG Cr' I 38A. T ee_eiveler —S ehall do ..d E+r..rt Werire—rni k- . ys appuFteRaRGec arr� rcc_ as- of nON 696_(130_004 rnncicta nt _ R _F-' S.•ta ndards .od h.. O!"'C(' and thtiv_it., En - - ' If PUbl;.. o ..rdc; dr. ....t i�t�....� ..f o ents- that a-119V yeti•... f fleed r#eaaonstrate-tf�^ ^ r—tkte-GOKrstr � i e ^ ' e - Will Ism 11, e eee � • 0 ^ - e OWN e ■ ._ e c a 5_ _ _ _ __ _ � ^ e ■ � � __ _ • v _ •�� . c - MW - �• - __ Insurance Rate Map (FIRM) for the City of Palm Springs, California. Riverside County, Community Panel Number 06065C 1568G. dated August 28, 2008. The applicant shall complV with all applicable local, state and federal laws and regulations associated with development occurring within a SFHA. 39a. Applicant shall provide the Building Department with the elevation of the lowest floor (including basement). The elevation certification shall be done, on a form acceptable to FEMA by a registered professional civil engineer or surveyor. 39b. In accordance with Chapter 8.68.140(A)5 and Chapter 8.68.140(D)2(b) of the Palm Springs Municipal Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Letter of Map Revision (LOMR). A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses, record drawings ("as-builts"), topographic surveying, and payment of required FEMA application fees, shall be submitted and approved bV FEMA, prior to issuance of a building permit. A building Permit for construction of anV building on this property currently located within a special flood hazard area will not be issued until the City receives final approval of the applicant's LOMR application to FEMA by evidence of a LOMR issued by FEMA. GENERAL 40. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 41. All existing and proposed utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. ^" ^•'^•^•^ ^�" t+t+t+es-sFiall-be-co leted-•nar-to-issuarce-af-a-Cectitlsate �� mp p• - Gf QGGUPaRG','_ Within six (6) months of City approval of the revised Subdivision Improvement Agreement, the applicant shall pay all utility undergrounding fees to Southern California Edison (SCE) as may be necessary to schedule utility undergrounding: and the applicant shall cause to be constructed all underground utility infrastructure (i.e. conduit and vaults) necessary to relocate the existing above ground_utilities-into an underground system_ Evidence from SCE and other utility companies of intent to relocate existing above ground utilities shall be provided to the City-Engineer. 42. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line, The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 43. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 44. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93,02.00, D. 45. 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 Engineering specifications. MAP 46. The 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 Parcel Map or Final Map to the Engineering Department, 47. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 48. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE SOUTH and ACANTO DRIVE frontages of the subject property. 49. Install a 4-way stop sign at the intersection of Street "A" and Street "D". Install a stop sign for vehicles egressing at Palm Canyon Drive South. Install a stop sign for vehicles entering Street "B" at Street"D Install a stop sign for vehicles entering Street "A° at Street "C". 50. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the PALM CANYON DRIVE SOUTH AND ACANTO DRIVE frontages prior to issuance of a Certificate of Occupancy. 51, Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 52. 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. 53. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. ��5ft A17ACHMENT3 AMENDED AND RESTATED SUBDIVISION IMPROVEMENT AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Springs Attention: C17Y CLERK 3200 E.Tahquitz Canyon Way P,O, Box 2743 Palm$pnng5, CA 92263-2743 DOCUMENTARY TRANSFER TAX$Exempt(Revenue&Taxation Cade§11922) SPACE ABOVE THIS LINE FOR RECORDER'S USE RECORDING FEE Exempt(Government Code§27888) AMENDED AND RESTATED SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS and IRP EL PORTAL ASSOCIATES, LLC a Delaware limited liability company I 2 Is AMENDED AND RESTATED SUBDIVISION IMPROVEMENT AGREEMENT THIS AMENDED AND RESTATED SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is entered into this day of 20_, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("City"); the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic ("Agency"); and IRP EL PORTAL ASSOCIATES, LLC, a Delaware limited liability company ("Subdivider"). RECITALS A. At the time of execution of the original Subdivision Improvement Agreement for Tentative Tract Map 30050, Subdivider was the owner of a parcel (or parcels) of land identified as Tentative Tract Map 30050, located in the City of Palm Springs, County of Riverside, State of California ("Property"). Tentative Tract Map 30050, divided the Property into 67 lots, and contained original conditions of approval for the development of the Property ("Original Conditions"). Concurrent with the execution of this Agreement, the Original Conditions are hereby amended ("Amended Conditions"). A true and correct copy of the Amended Conditions are attached hereto and incorporated herein as Exhibit"A". S. Subdivider has delivered to City and City has approved (or will approve) plans and specifications and related documents for certain "Works of Improvement", as defined in Section 1.1, which are required to be constructed and installed in order to accommodate the development of the Property. C. Subdivider has agreed to pay its fair share of reasonable costs for certain public improvements, "Mitigation Fees" which will benefit the Property and which will be built at such time as the City has collected a sufficient amount of the Mitigation Fees in the special fund account created specifically for this purpose to pay for the cost of construction for each of the public improvements identified on Exhibit "B D_ Pursuant to the Conditions, Subdivider, by means of a Final Map for Tentative Tract Map 30050 ("Map"), has offered: (1) to dedicate easements for public utility purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over Lots "A" through "F", inclusive; (2) to dedicate public utility easements shown as 10' PUE" along and adjacent to all private streets; (3) to dedicate to public use a 21' wide pedestrian/emergency access easement over Lots "I" and "J", which provides the right of Ingress and egress for emergency vehicles and personnel,- and (4) to dedicate Lots "G", "H", "I" and the westerly 44.00 feet of Lot "F" to public use as a sidewalk and for drainage purposes. A true and correct copy of the Final Map, which illustrates these dedications, is attached hereto and incorporated herein as Exhibit "C". E. Subdivider acknowledges that the Property is located within a special flood hazard area ("SFHA"), and is subject to the provisions of Chapter 8.68 et seq., entitled Flood Damage Prevention, of the Palm Springs Municipal Code, along with 2 applicable state and federal laws and regulations. Specifically, this Property is located within a designated SFHA identified by Zone A (Base Flood Elevation undetermined) as shown on the current Federal Insurance Rate Map ("FIRM") for the City of Palm Springs, Riverside County, California, Community Panel Number 060650-1568G, dated August 28, 2008. Subdivider agrees to comply with all applicable local, state, and federal laws and regulations associated with development occurring within a SFHA. F. Subdivider shall obtain, and provide to the Building Department prior to the issuance of any building permit, an elevation certification on a form acceptable to Federal Emergency Management Agency ("FEMA"), prepared and certified by a registered professional civil engineer or surveyor. G. In accordance with Chapter 8.68.140(A)(5) and Chapter 8.68.140(D)(2)(b) of the Palm Springs Municipal Code, and 44 CFR 60.3(d)(4), the Subdivider shall be required to, and agrees and acknowledges that it will, submit an application to FEMA for FEMA's issuance of a Letter of Map Revision ("LOMR"). A complete application for the LOMR, Including all appropriate technical studies and hydraulic analyses, record drawings ("as-builts"), topographic surveying, and payment of required FEMA application fees, shall be submitted and approved by FEMA, prior to issuance of a building permit for a portion or all of Lots 2 through 10, inclusive, and Lot 13, and lettered Lots A and B (collectively hereinafter, "FEMA Property"). A building permit for construction of any building on this property currently located within a SFHA will not be issued until the City receives final approval of the Subdivider's LOMR application to FEMA by evidence of a LOMR issued by FEMA, said requirement based on the City's need to protect the public's health, safety, and welfare. Based thereon, the City Council has determined that any prior obligation of the Subdivider to provide the El Portal drainage improvements is no longer required. H. Subdivider's agreement to: (1) construct and install the Works of Improvement, (2) offer to dedicate the streets, easements and other improvements and facilities, as shown on the Map, (3) pay all utility undergrounding fees to Southern California Edison ("SCE") as may be necessary to schedule utility undergrounding, (4) cause to be constructed all underground utility infrastructure (i.e. conduit and vaults) necessary to relocate the existing above-ground utilities into an underground system, (5) provide evidence from SCE and any other utility companies of intent to relocate existing above-ground utilities, to City Engineer no later than six (6) months following the City's approval of this Agreement, (6) complete all improvements on Acanto Drive no later than no later than six (6) months following the City's approval of this Agreement, (7) complete all improvements on South Palm Canyon Drive no later than no later than six (6) months following the City's approval of this Agreement. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by reference, and in consideration of City's approval of 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- 3 v 1. Subdivider's Obligations. 1.1. Works of Improvement. Except as set forth specifically in Section 1.1A or Section 3 hereunder, Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the on-site and off-site street, on-site drainage, on-site domestic water, on-site sanitary sewer and other on-site improvements (herein sometimes collectively referred to as the "Works of Improvement", which explicitly excludes the El Portal Drainage Improvements), 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"). Subdivider has previously completed construction of all on-site improvements, leaving certain off-site improvements to be completed on Acanto Drive and South Palm Canyon Drive (referred to herein as "Remaining Improvements"). The estimated construction cost for the Remaining Improvements is $876,300. Subdivider shall complete or cause to be completed the undergrounding of all above-ground utilities, and the Remaining Improvements no later than six (6) months after the final approval date of the LOMR or approval of this Agreement by the City, whichever occurs later. 1.1A Construction of Remaining Improvements by City. City has awarded a contract for construction of certain street improvements on South Palm Canyon Drive, extending from Murray Canyon Drive to south of Bogert Trail (referred to herein as "City Project No. 05-03"). City Project No. 05-03 overlaps the Remaining Improvements to be constructed by Subdivider, and it is to the mutual benefit of City and Subdivider that City include construction of the Remaining Improvements as part of City Project No. 05-03 on behalf of Subdivider. Upon receipt of cash deposit representing Subdivider's payment to City for construction of the Remaining Improvements (in accordance with City's negotiated contract price with its contractor for City Project No. 05-03), Subdivider shall have no further obligations related to the Remaining Improvements with the exception of completing the undergrounding of all above-ground utilities. If City constructs the Remaining Improvements on behalf of Subdivider, at the time undergrounding of all above-ground utilities are completed, the securities required in Section 5 hereunder shall be released by City. Subdivider acknowledges its remaining obligation to complete the undergrounding of all above-ground utilities itself within six (6) months of City's approval of this Agreement, and City's rights to enforce this obligation which may include, but not be limited to, withholding issuance of building permits for construction of any building on the Property. 1.2. Mitigation Fees for Future Improvements. Prior to the issuance of each residential building permit for construction within the Property, Subdivider shall pay those Mitigation Fees identified in Exhibit "B." The fee schedule set forth on Exhibit "B" applies for the calendar year specified on the exhibit. If permits are not obtained within the specified calendar year, the Mitigation Fees may be adjusted in accordance with the final engineering spread study for "Canyon South," as approved by the City but shall not exceed the Consumer Price Index for Riverside County. Said Mitigation Fees shall be held in a fund for the specific purpose associated with each fee until adequate amounts are collected to construct the applicable public improvement- 4 nQ Cs 1.3. Other Obligations Referenced in Conditions of Tentative Map Approval. Except as set forth specifically in Section 3 below, Subdivider shall satisfy all of the Conditions on the Tentative Map for the Property, as listed on Exhibit "B". 1.4. Intent of _Plans for Works of Im_ provement. The intent of the Plans referenced in Section 1,1 is to prescribe the complete Works 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 in accordance with the intent of the approved Plans, 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. 1.5. Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map (Exhibit "C") in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City. Subdivider shall provide security for such obligation as provided in Section 5.1(a)(3) and, after setting the monument(s), Subdivider shall furnish the City Engineer with 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). 1.6. Performance of Works of Improvement. 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 for the Works of Improvement. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1 AA herein. 1.7. Changes to the Works of Improvement. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Section 5, may order extra work or may make reasonable changes by altering or deleting any portion of the Works of Improvement as deemed reasonably necessary or desirable by the City Engineer and to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or Its contractor shall be binding on City unless 5 u. i approved in writing by the City Engineer. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.8. Defective Work on the Works of Improvement. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any portions of the Works of Improvement which are found by the City Engineer to be defective. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.9. No Warranty by City on the Works of Improvement. 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. 1.10. AuthoritV of the City Engineer with Respect to Works of Improvement. 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 on the Works of Improvement, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement in accordance with approved Plans by Subdivider and Subdivider's contractor. 1.11. Documents _Available at the Site of the Works of Improvement. 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.12. Inspection of Works of Improvement. Subdivider shall have an authorized representative on the job site within 4 hours notice during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with all materials reasonably necessary to ascertain 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. Nonetheless, City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided and unsuitable materials, as determined in the reasonable judgement of the City Engineer, or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 6 This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.13. 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.14. Suspension of Work on Works of Improvement. City Engineer shall have authority to order suspension of the work on the Works of Improvement for failure of the Subdivider and/or its contractor to comply with law pursuant to Section 1,13, 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 1.16. 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 2. Time for Performance of Works of Improvement. 2.1. Commencement and Completion Dates for Works of Improvement. Subject to Section 22 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Remaining Improvements forty-five (45) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Remaining Improvements six (6) months after City's approval of this Agreement. Extensions of time may be granted upon mutual agreement of the City Engineer and Subdivider, in writing, as required by the City Engineer or his designee. 7 G � The provisions of this Section 2.1 shall not apply to the commencement and completion of the City's obligations set forth in Section 3 of this Agreement. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 2.2, Phasing Requirements for Works of Improvement. 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 as 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 reasonable requirements associated with the development of the Property have not been completed to his satisfaction. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section MA herein. 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 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 on Works of Improvement. After commencement of construction of the Works of Improvement (or separate portions 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 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 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 on Works of Improvement. Time is of the essence of Subdivider's, City's, and Agency's performance of all of its obligations under this Agreement. 3. El Portal Drainage Improvements. Subdivider shall promise not to construct any facility, infrastructure, or building on Lots 2 through 10, and 13 within the Map until storm water protection by a means other than the construction of the El Portal Drainage Improvements is achieved as approved by the City. 3.1. Special Flood Hazard Area. Subdivider acknowledges that the Property is located within a special flood hazard area ("SFHA"), and is subject to the provisions of Chapter 8.68 et seq., entitled Flood Damage Prevention, of the Palm Springs Municipal Code, along with applicable state and federal laws and regulations. Specifically, this Property is located within a designated SFHA identified by Zone A (Base Flood Elevation undetermined) as shown on the current Federal Insurance Rate Map ("FIRM") for the City of Palm Springs, Riverside County, California, Community Panel Number 06065C-1568G, dated August 28, 2008. Subdivider agrees to comply with all applicable local, state, and federal laws and regulations associated with development occurring within a SFHA. 3.2. FEMA Clearances and Building Permits. Subdivider shall obtain, and provide to the Building Department prior to the issuance of any building permit related to the FEMA Property, an elevation certification on a form acceptable to Federal Emergency Management Agency ("FEMA"), prepared and certified by a registered professional civil engineer or surveyor. In accordance with Chapter 8.68.140(A)(5) and Chapter 8.68.140(D)(2)(b) of the Palm Springs Municipal Code, and 44 CFR 60.3(d)(4), the Subdivider shall be required to, and agrees and acknowledges that it will, submit an application to FEMA for FEMA's issuance of a Letter of Map Revision ("LOMR"). A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses, record drawings ("as-builts"), topographic surveying, and payment of required FEMA application fees, shall be submitted and approved by FEMA, prior to issuance of a building permit. A building permit for construction of any building on this property currently located within a SFHA will not be issued until the City receives final approval of the Subdivider's LOMR application to FEMA by evidence of a LOMR issued by FEMA, said requirement based on the City's need to protect the public's health, safety, and welfare. 3.3. FEMA Clearances and Covenant Not to Use. City and Agency agree to record a Release of Covenant to Use as One ("Release") in the form attached hereto as Exhibit D, releasing the Covenant to Use as One recorded on October 22, 2004, as Document No. 2004-0839118, in the Office of the County Recorder, County of Riverside. Said recordation of the Release is conditioned upon the fact that Subdivider shall first obtain and City shall receive final approval of the Subdivider's LOMR application to FEMA by evidence of a LOMR issued by FEMA, said requirement based on the City's need to protect the public's health, safety, and welfare. The City Manager 9 41 of City and the Chairman of Agency are hereby authorized to execute the Release upon satisfaction of the aforesaid condition placed on Subdivider. 4. Labor. 4,1. Labor Standards/Prevailing Wages. 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. 4.2. 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. 4.3. 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. 4.4. 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. 5. Security. 5.1. Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 5 below (hereinafter "Security Instruments"): 1) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $876,300 which is equal to 100% of the estimated construction cost referenced in Section 1.1. 2) 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 $438,150 which is equal to 50% of the estimated construction cost referenced in Section 1.1. 10 15 3) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.5 in the amount of $10,050.00 which is 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 of Works of Improvement. 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 $270,000 which is equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 5.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 5.1 (a) or 5.1(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) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 5.4. (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) A Lien on the Property. For Security Instruments provided in the form of a lien on property, Subdivider must provide the City with current appraisals and title reports, as well as all other documentation requested by the City Attorney, and all liens must be evidenced by a recordable Deed of Trust in a form approved by the City Attorney. (e) General Requirements for all Security Instruments. 1) 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). 2) 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). 3) 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. 5.3. 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 reasonable cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after receipt of a written demand, deliver to City such substitute security as City shall require satisfying the requirements in this Section 5. 5.4. Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 5.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to 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. 12 L'. 5.5. 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: 1) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 5.5; 2) the Works of Improvement have been accepted and Notices of Completion have been recorded within the time specified by statute; 3) Subdivider has delivered the Maintenance and Warranty Security Instrument; and 4) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Civil Code Section 3314, et seq. 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. In the event that Subdivider failed to record Notices of Completion, City shall hold the Security Instruments for an additional six (6) month period beyond the ninety (90) day statutory time period for the filing of a mechanic's lien. (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. (c) Subdivider may request a partial release based on the completion and acceptance of any given Work of Improvement subject to the same process and requirements set forth in this Sub-section 5.5. (d) As identified in Section 1.1A herein, if City constructs the Remaining Improvements on behalf of Subdivider, at the time relocation of all existing above-ground utilities into an underground system is completed, the securities required in Section 5 herein shall be released by City. 5.6 Return of Original Deposit. Pursuant to the original Conditions of Approval for Tentative Tract Map 30050, Subdivider was required to post a deposit related to the maintenance of the El Portal drainage improvements in the amount of $40,000 ("Original Deposit"). Concurrent with the recordation of the Release of Covenant Not to Use, City shall return the Original Deposit to Subdivider. The City's Director of Finance is hereby authorized to return said Original Deposit pursuant hereto. 5.7 Return of Condemnation Deposit. Pursuant to the original Subdivision Improvement Agreement for Tentative Tract Map 30050, Subdivider was required to post a deposit in the amount of $25,000 related to potential condemnation proceedings for easement(s) related to the El Portal drainage improvements ("Condemnation Deposit"). Since acquisition of the easement(s) is no longer required, the City's Director of Finance is hereby authorized to return said Original Deposit pursuant hereto. 13 4 r 6. Cost of Construction of Works of Improvement and Provision of Inspection Service. 6.1. Subdivider Responsible for All Costs of Construction of Works of Improvement. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. 6.2. Payment to City for Cost of Related Inspection and Engineering Services for the Works of Improvement. 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, and evaluation of 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1 AA herein. 7. Acceptance of Offers of Dedication. The City Council shall pass, as appropriate, resolutions accepting all offers of dedication shown on the Map (Exhibit "C"), 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. 8. Warranty of Work on Works of,lmprovement. 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. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1 AA herein. 9. Default. 9.1. 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. 14 v 9.2. City Riqht to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full reasonable cost and expense thereby incurred by City. This Section shall not apply in the event City constructs the Remaining Improvements in accordance with Section 1.1A herein. 9.3. Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all reasonable costs and expenses incurred by City in securing performance of such obligations, including reasonable 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 reasonable 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. 10. Indemni . 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 reasonable costs and the reasonable 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 wilful misconduct. 11. General Provisions. 11.1. Institution of Legal Actions. In addition to any other rights or remedies, either party may institute a legal action to cure, correct or remedy consistent with the purpose of this Agreement. 11,2, Interest. In the event of a default or breach by Subdivider which continues beyond any applicable notice and cure period, City shall be entitled to reimbursement from Subdivider of all reasonable costs and expenses incurred by City incurring the default plus interest at eight percent (8%). 15 1 11.3. Choice of Forum. Legal actions must be instituted and maintained in the appropriate court in the County of Riverside, State of California. 11.4. State Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 11.5. 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. 11.6. 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. 11.7. 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. 11,8, CorporateAuthority.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. 11.9. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next- day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows: If to City, to: Attn: James Thompson, City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Facsimile No.: (760) 322-8332 Telephone No.: (760) 323-8204 If to Subdivider, to: Attn: Ron White IRP El Portal Associates, LLC 3199 Cody Court, Palm Springs, CA 92264 Facsimile No.: (760) 320-1017 Telephone No.: (760) 320-1017 16 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: By: James Thompson, City Clerk David H. Ready, City Manager ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA By: By: James Thompson, Secretary David H. Ready, Executive Director REVIEWED AND APPROVED BY: WOODRUFF, SPRADLIN & SMART Dou IaS C. IQ ollan , City Attorney SUBDIVIDER: IRP El Portal Associates, LLC, a Delaware Limited Liability Company By: IRP El Portal Member, LLC, a Delaware Limited Liability Company, its Member By: Brad Muth, Managing Director 17 ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY SIGNER County of ❑ INDIVIDUAL(S) ❑ CORPORATE On before me, Date Name, Title of Officer personally appeared OFFICER(S) NAME(S) OF SIGNER(S) TITLE(S) ❑ PARTNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose ❑ ATTORNEY-IN-FACT name($) is/are subscribed to the within instrument and acknowledged to me that ❑ TRUSTEE(S) he/she/they executed the same in his/her/their authorized capacity(ies), and that ❑ SUBSCRIBING WITNESS by his/her/their signatures(s) on the instrument the person(s), or the entity upon ❑ GUARDIAN/CONSERVATOR behalf of which the person(s) acted, executed the instrument. ❑ OTHER I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. SIGNER IS REPRESENTING: Signature of Notary ATTENTION NOTARY_ Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above I8 EXHIBIT A AMENDED CONDITIONS OF APPROVAL A-I EXHIBIT A TTM 30050 and Case No. 50899 - PD-271 Northeast corner of South Palm Canyon Drive and Acanto Drive June 19, 2002 Amended by Council July 1, 2009 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, 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. PLANNING 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 Specific Plan Amendments, TTM 30050 Case No. 5.0899 - PD-271. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense, This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 5. 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 negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. 6a. The final development plans shall be submitted in accordance with Section 9403.00 of the ,Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site crass sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 6b, The property development standards for this project shall be Section 92.01.00, R-1-B Zone, except for the modifications to minimum lot size, lot depth, lot width, front and side front setbacks, and detached garages, Front and side front setbacks for the residences and detached garages will be considered at 10 to 15 feet and 20 to 25 feet, respectively, pending submittal of final development plans. 7. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Final landscape plans shall include the entire street right-of-way landscaped areas. The project shall be responsible for installation and maintenance of all landscaped areas within the right-of--way and easement area. 8, The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code. Therefore, a fee of $1,250.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 9. 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. 10, 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. 11. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property including the equestrian easement and landscaping within right-of-way in a good condition and in accordance with all ordinances. 12. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. 13. 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. 14. 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. 15. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00,D, 16. The street address numbering/lettering shall not exceed eight inches in height. 17. Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 18. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 19. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 20. Texture, materials, and colors to be used on the proposed fences and walls shall be submitted for review and approval prior to issuance of building permits. 21. Vehicles associated with the construction of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 22. 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 Engineering specifications. 77 23. 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. 24. Trash cans shall be screened from view and kept within fifty (50) feet of the street. 25. The applicant shall dedicate a 30' easement and construct a 15' wide equestrian trail between the property line and Lots 27 to 35. Design and details shall be submitted with the final Planned Development plans. The equestrian trail shall be separated from the sidewalk and Lots 27 to 35. A minimum 15' decomposed granite trail, landscape, fencing and signing shall be provided. If SP-1 is amended, and a trail is no longer required, the Planning Commission may delete this condition at Final PD stage. 26. Final development plans shall be prepared in accordance with the Mitigation Monitoring Program for Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan/EIR. Prior to approval of the Final PD and Final Tract Map, a comprehensive mitigation monitoring report consistent with the Monitoring Program shall be prepared and approved by the Director of Planning and zoning. The City shall be reimbursed for the cost of preparation and/or review of said report. Refer to City Council Resolution No. 17598 certifying the Final EIR for the Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Plan for specific details. All mitigation measures, where applicable, shall be adopted as conditions of approval. The following measures are hi-lighted for convenience: a. Prior to final project acceptance including approval of the final map or planned development district, the City shall establish a formula for the applicant's payment of their "fair share" of the costs of the matters listed below, and applicant shall pay fees pursuant to the formula or post such security as the City Attorney shall determine is appropriate. The fair share formulas shall be based on data developed by City or its consultants to determine the applicant's proportionate responsibility for providing the specified public improvements, and for producing affordable housing, based upon the benefits received by the project and/or impacts caused by the project. The costs shall include not only construction costs, but also design, engineering and other similar costs, as well as City administrative costs including the costs of developing the fair-share formula. Fair-share formulas shall be developed for the following matters: i) Funding of site acquisition and construction of a fire station providing adequate fire protection services to the project site and vicinity. ii) Funding of site acquisition and construction of affordable housing meeting the goals of the City's Housing Element. See Section 5-10 (5-184) Jobs and Housing for specific mitigation measures. aB iii) Funding of construction of off-site roadway improvements and signals as shown in Table 5.14 of the Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan Final Environmental Impact Report. b. Appropriate removal and recompaction of surface soils in areas to support structures will mitigate potential settlements. Building sites planned within the alluvial areas shall be evaluated by the soil engineer for settlement potential during detailed geotechnical studies for design of structures, with respect to the specifics of proposed structure locations, soil conditions, foundation loads, etc. A final soils report shall be submitted with the detailed development plans (grading and structural) for the project. c. All outdoor lighting constructed on the project site shall be directed at the ground to prevent unnatural lighting from interfering with the activity of nocturnal animals that live in the surrounding natural areas. Exceptions to this condition shall be limited to accent landscape and architectural lighting. All lighting which directly illuminates hillsides and wash areas shall be prohibited. This condition shall be included in the CC&R's. d. The applicant and the building contractor shall halt grading or any other construction activity in the immediate vicinity immediately if archaeological resources are uncovered during grading. The applicant and/or contractor shall notify the City and Tribal Council in writing and shall summon a qualified archaeologist to determine the significance of uncovered archaeological resources and appropriate mitigation measures. e. Due to the historical sensitivity of the area, a tribal representative and/or a qualified archaeologist monitor shall be present during all rough grading operations. A written report shall be provided to the City outlining the nature of any resources found on-site, disposition, etc. At the end of construction a written report shall be provided summarizing resources found (if any) and if any additional work is needed. POLICE DEPARTMENT: 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 1. Fire Department Access: Provide detail on the entry median and entry gate area. A 20 foot unobstructed width is required, including gate openings_ 2. Mandatory Fire Sprinklers: Project is beyond a 5-minute response time from closest fire station. All buildings, regardless of size, require an automatic fire sprinkler system. (1003.2.1 CFC) 3. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes (Or combinations thereof located as directed by the fire department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) 4. Residential fire hydrants. Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except ground cover plantings. 5. Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 6. Fire hydrant systems: Following fire department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (901.2.2.2 CFC) 7. Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6 Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC). Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. S. Secondary Emergency Access: The emergency access area shown at the south- west comer of the project (west of Lot 35) must meet the same requirements as an access road in condition #7 above. ENGINEERING: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions, PALM CANYON DRIVE SOUTH The following conditions of approval which refer to the pavement width shall be revised, IF necessary, to agree with the focused traffic study as approved by the City Engineer- 3, Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage. 4. ASC[viFE-Yjr"ra"#Gnal-rig ...... ..f 'I!1 f^o# .... +h^ . .-.�.h �.I.J.. ..f 4L,,. ,.....+:.... alnno n 4h�nen+ire fMRtage fee a #. to fight G¢_viay width of 54 feet 5. Construct a 12 inch wide mow strip, 20 feet EAST of centerline from Acanto Drive to the north tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE and at the NORTHEAST AND SOUTHEAST corners of the intersection of PALM CANYON DRIVE SOUTH and STREET `D" per City of Palm Springs Standard Drawing No. 200 and 206. 6. Construct both halves of a 6 foot wide cross gutter at the intersection of PALM CANYON DRIVE SOUTH and STREET "D" with a flow line parallel with and 20 feet EAST of the centerline of PALM CANYON DRIVE SOUTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206- 7 �rnefn irf a '15 fn..+ .irlo o.do�4.i pathway betwee +h^ ^ndbilce--�a-r.--�-, --------- ..._ storm-water ^haRRel d the— hn��n.daFy al9R . the eRti Fe f..-...taae_i.. e.-.-r.r.da o .d+h -�.a-�,�:es�tr-apt- � ef_ m.Cnri....� C+-..rl-�rrl rl�^...I..^ AI.. 2.10.nnrl ...^o4i.... the appFOV.,I ..f 4h.. rti{#•.�. ERgineeF—an,d—Iloirentor of Dh....i. g and Bull shall alse sore'a-- trr.+4'+he S+..rr.. ..haRRel maintenanee erl-my. The -ems# 5 feet of the pathway Shall be eenstruet .,i+h h' ORAh +hiek (6 ek Pnrtle�� r �i..+ op'_ e'te The Nest 10 foot ..f the pa-th....... shal-I he comor...-#oRd ...i+h 6 deerorrnoSe d ^ ..ito ..#^.J tn_OrlO yo..er 7i1 .h^ -.4'. ..il-�•GrrFpa�rt• F-!A @ en i.el eeti.... the appFOVa. -1 thhe f"ity G^^i.. o RR14 -&-P-I^nni^^ aR d Q„ihdi^^ Gonstruct a 15 feet wide meandering equestrian/pedestrian trail along the entire frontage constructed with 6 inch thick decomposed granite compacted to 90% over 24 inches native soils compacted to 90%, tartan block, or equal _meeting the approval of the City Engineer- 8. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed mow strip to 10 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils L - Engineer and submitted to the City Engineer for approval. A redwood header shall be installed along the west edge of pavement. 8a. All improvements on South Palm Canyon Drive shall be completed within six (6) months of City approval of the revised Subdivision Improvement Agreement. ACANTO DRIVE 9, Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, 3 feet NORTH of section/centerline and 32 feet NORTH of section/centerline (distance measured from back of wedge curb on south side to flow line of wedge curb on north side) respectively, from South Palm Canyon Drive to the east tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE per City of Palm Springs Standard Drawing No. 200 and 206. 10. GOAOP_I,t GatGh I,asias--as-Rood Pd- fQF &2 i. age and .. RRest to the PFvpesed sterFr-dfaira [Ine—Ph,e-wed,g,e-Gu4--b--a,r;,d-gi.�t-4ter sh-ill.try ;*inn in#n (-0 in rh iar4 m�1 Urh and gy#er at the GatGh baSIR leeatiGRs The .design shall be ...J and y-tie-G4ty-E-Rga4aeer- 11. Construct a 15 foot wide meandering equestrian/pedestrian trail along the entire frontage with 6 inch thick decomposed granite compacted to 90% over 24 inches native soil compacted to 90%, OR equal, meeting the approval of the City Engineer and Director of Planning and Building. Construct a redwood header on both sides of the trail along its entire length. 12. Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage via the tract map. 13. Construct ac pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to proposed gutter along the entire frontage in accordance with modified City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval_ 13a. All improvements on Acanto Drive shall be completed within six (6)-months of City approval of the revised Subdivision Improvement Agreement. PRIVATE STREETS 14. The following traffic calming devices, OR equal, (the final configuration to be approved by the City Engineer) shall be incorporated into the on-site streets: Narrowed pavement 'chokers' shall be provided at one location on Street "A", one location on Street "C", one location on Street "D", and one location on Street "E", as approved by the City Engineer. Chokers shall be designed with a transition using 25 foot reverse curves and a 40 to 80 foot long, 20 foot wide (10 feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. The proposed chokers at the east and west ends of Street "D" can be constructed but are not a requirement of these conditions of approval. If they are part of the street improvements, the approval of the City Engineer will be required for the design of same. 15a. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 16.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersection of Street "A" with Street "C" and "D" and at the intersection of Street "D" with Street "B" per City of Palm Springs Standard Drawing No. 200 and 206. Parking shall be allowed on both sides of the street if all buildings are sprinklered and if the parking lanes are clearly marked leaving a clear 20-foot wide vehicular path to satisfy Uniform Fire Code standards. It shall be the responsibility of the Homeowners Association to maintain the delineation and provide signs for the life of the project. Final street design shall be subject to final approval of the Fire Chief, City Engineer, and Director of Planning and Building. 15b. In the event 15A above cannot be implemented, the project shall comply with the following condition: Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 18.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersections of Street "A" with Street "C" and "D" and at the intersection of Street "D" with Street "B"per City of Palm Springs Standard Drawing No. 200 and 206. 16. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "A" with Streets "C" and "D" with a flow line parallel with and 16.5 feet East of the centerline of Street "A" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 17. Construct bath halves of a 6 foot wide cross gutter at the intersection of Street "B" with Street "D" with a flow line parallel with and 16.5 feet West of the centerline of Street "B" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. Construct knuckles at the intersection of Street "A with Street "E" and at the intersection of Street "B" with Streets "C" and "E" in accordance with City of Palm Springs Standard Drawing No. 104. 19. The on-site cul-de-sac shall be constructed in accordance with City of Palm Springs Standard Drawing No. 103, curb portion only, 20. All centerline radii shall be a minimum of 130 feet. 21. Construct minimum 10 wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201. � eJ See Condition No. 22 for gated entrance requirements for Main Entries that are proposed to be gated. 22. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum curb cut of 100 feet (from BCR to ECR) for the gated Main Entry. B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security gates shall be a minimum of 20 feet clear width in each direction- E. Provide separate lane of ingress for residents. SANITARY SEWER 22. The on-site sewer mains will be maintained by the HOA. Provision for this shall be addressed in the CC & Rs. 23. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. 24. Developer shall construct an 8 inch sewer main across all PRIVATE STREET frontages, through the proposed 20 foot wide drainage/sewer easement adjacent to the southwest property line of Lot 9 OR the northeast property line of Lot 8 and through the existing 30 foot wide utility easement to the existing manhole south of the Palm Canyon Drive South and Bogert Trail intersection in accordance with the Master Plan of Sewers and connect to the existing sewer system. The 20 foot wide drainage/sewer easement shall be located entirely within Lot 8 or Lot 9. 25. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department- B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc- required by these conditions. C. Sewer Study/Report, IF required by these conditions. 26. The project is subject to a sewer assessment fee of $146.19 per lot for construction of the 15" sewer main in Avenida Granada, Calle Palo Fierro and �• A Laverne Way. The fee shall be paid prior to issuance of a building permit for individual lots. GRADING 27. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 28. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department_ A PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: E. Copy of Planning Department comments regarding the grading plan- F. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 30. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 31. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 32. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 33, Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 34. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the import or 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 35 DevelepeF shall ebtaiR o on#F and 1A/atnr Q041Sen.a#i.... Distri.-+ (RGP ) f19F fl9ed GRtF.J aR d steF.�... ate ,dFai. age puFposes^--�r� s Lots 73 and 74 f Tfao"6149-(AP-NLs-54-2.290-= a id 02d)_anrl arr— that rnrtain 4.00 a.-ro P of .,f h..rJ a-; fl....rl...a.. 36. The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if of-site drainage structures are unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage structures (if any exist), and to determine required stromwater runoff mitigation measures for this project. 37. A portion of this property (a portion or all of Lots 2 thru 10, and 13 and Lots A and B) is in Federal Insurance Rate Map (FIRM) zone A and shall conform to all of the FEMA and City of Palm Springs Flood Hazard Ordinance requirements for this zone. 2-R_. The develepeF shall des+r'... A arlstruct-tlae a non raWr-aI4yK- Snrtin.. a..rl .- ..fig UFa+i9R G able Gf G g the #ributter.. 900_..eaF ste Fm r efF as appreved M.. .e_Gnn'nnnr F�6�F-6-aFrd-the-Eity-- ,�tir $IOrfg-hI e-west-traGt4G6 -4aKy- ithl- an easer eRt f9F e o atme . aR d ... RfP. 0 flc rdiratt rd to orcr OR a fOFFn RGGeptable to +4.0 orr(` 38A. The-developer sh ail ,design and rGREfFUG# i..+oFi. .,lo+ AFk,; Rd aPPUFteRaRGeS, aGFGss a 941e of Aonl 696 non nnn ^g.jBtERt FtN1— atan dartsas .,.d h.. REF-C-and-thti ri+ ERgiReeF. If PUbliG FeG9FdS ,d RA 4er al},4'tfate-tWl;?tinvi #n �.��ov� ..M #ham# III..... fee the ..MFUCAJOA of flood L. ........... �� - ■ - - . ♦ e .- ■. ERROR ■. - - - _ e - v- - �• - - e - ee a loin v C _ C _ _ _ i• e e e ee e ■ . .iW—IVM Willi, e e • e e e -v - ♦ - - a- v e - e e- a c • __ _ _ ■^ - a - v_ - - • _ _ _ _ e S - .............. . . . Insurance Rate Map (FIRM) for the City of Palm Springs, California, Riverside County, Community Panel Number 06065C 1568G, dated August 28, 2008, The applicant shall comply with all applicable local state and federal laws and regulations associated with development occurring within a SFHA. 39a. Applicant shall provide the Building Department with the elevation of the lowest floor including_basement). The elevation certification shall be done, on a form acceptable to FEMA by a registered professional civil engineer or surve or. 39b. In accordance with Chapter 8.68.140(A)5 and Chapter 8.68.140(D)2(b) of the Palm Springs Municipal Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management A enc (FEMA) for FEMA's issuance of a Letter of Map Revision (LOMR). A complete application for the LOMR. including all appropriate technical studies and hydraulic analyses, record drawings ("as-builts")., topographic surveying, and payment of required FEMA application fees, shall be submitted and approved by FEMA, prior to issuance of a building_ permit. A building permit for construction of any building on this property currently located within a special flood hazard area will not be issued until the City receives final approval of the applicant's LOMR application to FEMA bV evidence of a LOMR issued by FEMA. GENERAL 40. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 41, All existing and proposed utility lines that are less than 36 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All un dergFr4uRding-0f U•t*titi�alp be Gompleted p F tG mssuaRG8 Gf a GeFt ficate Of T Within six (6)months of City approval of the revised Subdivision Improvement Agreement, the applicant shall pay all utility undergrounding fees to Southern California Edison (SCE) as may be necessary to schedule utility undergrounding: and the applicant shall cause to be constructed all underground utility infrastructure Le. conduit and vaults) necessary to relocate the existing above ground utilities into an underground system. Evidence from SCE and other utility companies of intent to relocate existing above ground utilities shall be provided to the City Engineer. 42. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 43. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 44. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00, D. 45. 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 Engineering specifications. MAP 46. The 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 Parcel Map or Final Map to the Engineering Department. 47. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 48. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE SOUTH and ACANTO DRIVE frontages of the subject property. 49. Install a 4-way stop sign at the intersection of Street "A" and Street "D". Install a stop sign for vehicles egressing at Palm Canyon Drive South. Install a stop sign for vehicles entering Street "B" at Street "D". Install a stop sign for vehicles entering Street "A" at Street "C 50. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the PALM CANYON DRIVE SOUTH AND ACANTO DRIVE frontages prior to issuance of a Certificate of Occupancy. 51. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. ('s 52. 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. 53. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. li EXHIBIT B MITIGATION FEE SCHEDULE All estimated payments to be made prior to issuance of building permits. Each fee is calculated on a per unit basis. 1. Fire Station & Equipment: $206.78 / unit 2. Drainage: $5,626.15 / unit 3. Road/Bridge: $2,704.00 / unit 4. Affordable Housing: $3,120.00 / unit The above Mitigation Fee amounts apply to permits issued in the calendar year 2004. Said amounts shall be adjusted based on completion of the City's engineers assessment spread report if the amounts determined in the report vary from these estimates. If there is an increase in the amount, Subdivider shall pay the additional amount per unit within thirty (30) days notice of the increase. If there is a decrease in the amount, Subdivider shall receive a credit toward the payments on the next Mitigation Fees owed for subsequent building permits obtained for construction on the Property. In the event the permits are pulled in subsequent years, the Mitigation Fee amounts shall be further adjusted in a percentage basis by the Consumer Price Index as set forth in Section 1.2. EXHIBIT C FINAL MAP C_I 7 _ L BEE d RISL A G' Iw' o<o• C5' uy, SHEET 2 OF 4 SHEETS eELon RIsnF Pp�� m•� rr �4 � >K rnr Ic FAAN EmEx;s C b IR THE OM OP PALV SPRINGS, w er�•.i•A rya vsr.xx, vfw. 'e'er• ..fig Downy OP RfYEit33pEc STATE OF CAITFVHh-!p £s1 5]'a 1¢.Glx.1iR o.fl. �'^y SCLLE 1'�f00' TRACT MAP NO. 30050 F O A 5L40EDTYr N OF 1 R0.:1�iy OT 7,,,f NO. 125[5, ----�'-' — — --- m wiC L Tu 1x ion CE ¢wu Iennln ryn-� OH i'LS IH LpOK 12f AT PAGL4 1-4 O[ YJ.Ti, Rfp9rSIDS 7 f 7 '' !'. x1u siao. n[,vw aw LL'[a,. CO[X 0 7cDOX I9. IIi 1$r:Si 1 < 'SSr FLOOONAY =+ He + 9 1p .�a51•, 1,t, ASf T zr 1rc [/� 5<s. / pF'T[fS SR IJ4 OF o, �i rD.Ay L.ay[ J ° e. - AS P]N!A T[u1,n.H], f2!13 50YIOH 2S, T.4 s, AL G, G&Y •emu" I>i Ea L OU iTSsa a.c4'•r3, x ^ r iE, la a•1x t1 l ,;,�' uetTATFRO, SMCFFI arm A5SOCIAM, INC. g FEBRUARY 2004 1 NOT A PART 1 E OMEER'9 NOTES THE BASI6 OF BEARINGS FDA MIS NAP IS THECE NCBTH LI 20� 3 7 z £ OF THE SW U4 OF S Ci[OV 35. i.A 5.. A.4 E., 6. .H„ AS SHONN OV gS I03�E:-92, TAKEN AS R ra 5 50'32'E • INDICATES FGJW H]NIHENT AS N3TE0. .V T U:li'2I'I1'2 d'S.[5'1 IY O:'15'[I'11 13 I1S.11'] l�i'y 6 '2, 1r SA9IC[T£i FW4➢ S' I.P. FLVSH N11A6 'RCC 2E66?', ry 1 •x'ex'E1'e HC 0.�.. ACCEPT AS itUNBARY M. TR. HD, f2iJB. 1.1p• TNDICALEO SET f' I.F. pCNN V. TABBED ROE 26401. A INDICATES EST 1-V2` WaPELELp HCNJYFN} $TIWFEp ME 261]S. Fl-U51L CdMTV 5]D_ TYPE -Sp M JI`HT. Q 5 17 18 19 - f-0 INDICATES RECORD DATA PER TA. MD 12943, NH 12V1-4, rJl 'i N -SW jl'S 14 75 .�6 21 D C �; E-7 INDICATES RECORD DATA Pc"li R3 SEE SHEET f0.1/fE-32 1 <•s INDICATES EEMID DATA FES M. H]• 56149, XR 11613-6. 'I• Sc NAIL ANp TAO IN C161B AT WE PADLG.N3ALIDN'DF SIDE LOT lG srr 1 hAm rinor• Fxn'ASE al�+Tl - .IC 4 ° P L[Ae6 ]N LIEU C° FENN[LOT CGi9ER6, STAYFcO ACE 26[9!. /'� AT ALL FEAR LOT mRNEF.L SET 1• I.i, CONK 6' YITAE CA p 4N "£ �.'J E6 E5 6A 63 22 MAIL L TAB IN CNY_, FCOTr DR FIN Na NATERIAL, AIL 62 ES 66 >t E 3TAuF.1� RCE EGODL AS lFR]RRIATE. 6 6 "• 8 1 I��qq yyTT�(]{{II(� FUE Ii OI ATES flA3!IC UTILITY EASEMENT 34C�•`,`Y'�i f TOTAL GROSS APEA TYITHM -: g �• S a Eii•"s 1 73 DISTINCTIVE I0F11EA - 29145 ACRES AL NET AREA 23.7f5 � 1E] 52 53 54 55 SG 57 $g gg _ TOT ACAES o F TT4[S TRACT CONTAIAS 67 ND49FFED LOTS PLUS 12 LETTERED EATS. i3F 'S" [OATB CNTRIDA 24 E: gt: 3 _ x a F.9 > L1T E 5I 5L 49 4B 47 46 0 f� 4 [ 6a3IS L%' BEARINGSP=,s S g 45 44 .:e1 ce nN•a•x xsn.lo•1 2a� e I'VE 25c .36 37 36 39 -09 41 4Z 43Pm AS dws AS clR.u.W.9CC.m44' 26 : nEgT'r - _ � g§ laRTRA7 rz�.n � � � LOGERi TRAL3535 34 3332 31 30 29 2B 27a : DETAIL �. NDT A PART` IDi •I" 1151,91 Curl L•]1,99 wAt LTT If tI - iN h'S1'fa'4 q..d1' p C-0 iC a G T1E VICINITY YAP x 9Y se•a'c c+.e1• E59,or ar:A e1'.E 19 s9••r1.6 6N xe ma.G9• ]•9a.s;m>;s=+w9c 1x sRr'rF s_.ml ACANTO ARIYR r�x.1]1 W IEJ.O dJ35 C]y CI A Ix K'N'S11 41 5.251 M. ['1!.•llI.P.11 •�-.GryT1lrM9 IS[452•PC)1 6T11�'X Ibl s11A Si}I1F1W EIg1L'[5ll.s'. M RT.. ' AY 9311152 G 4 lS1:E.32 �9 19's]T. PrT Eu 91I.i+l E I�Yn G�lI Y5F1[ Y IY FT'11'Nl AfLR[43 EI/5E SN 11A E£5. 35 asc u G4 m lo1/es-a:, wcpr u 1loA cm y�o n �GA, J,n. 5356 �f EXHIBIT D FORM OF RELEASE OF COVENANT TO USE AS ONE r I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Springs Attention: CITY CLERK 3200 E.Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263-2743 DOCUMENTARY TRANSFER TAX$Exempt(Revenue&Taxation Cade§11=) SPACE ABOVE THIS LINE FOR RECORDERS USE RECORDING FEE'Exempt(Government Code§27383) RELEASE OF COVENANT TO USE AS ONE CITY OF PALM SPRINGS, a municipal corporation, and COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic, do hereby RELEASE the COVENANT TO USE AS ONE, pursuant to Section 3 thereof, recorded on October 22, 2004, as Document No. 2004-0839118, in the Office of the County Recorder, County of Riverside as to the property owned by IRP EL PORTAL ASSOCIATES, LLC, a Delaware limited liability company, which real property in the City of Palm Springs, County of Riverside, State of California, is described as Tract Map 30050 and more particularly described on Exhibit"A"attached hereto and incorporated herein. Dated 20_ CITY OF PALM SPRINGS,a municipal corporation, David H. Ready, City Manager COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,a public body, corporate and politic Steve Pougnet, Chairman ATTEST James Thompson, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I declare under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public . s EXHIBIT"A" REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, TRACT 30050, DESCRIBED AS: Tract Map 30050 recorded October 1, 2004, in Book 364 of Maps at Pages 97—100, as Document No. 2004-0781835. 7 7