HomeMy WebLinkAboutA7215 - ENCLAVE @ BARISTO LLC - SUBDIVISION IMPROVEMENT AGREEMENT (SIA) (ASSESSOR RECORDED COPY INCLUDED) RECORDING REQUESTED BY:
CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263
Attn: Office of the City Clerk
SPACE ABOVE FOR RECORDER ONLY
Filing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
Enclave a@ Baristo, LLC,
a California limited liability company
and
The City of Palm Springs, California
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
DUPLICATE
ORIGINAL
TABLE OF CONTENTS
1. Construction Obligations......................................................................................1
1.1 Works of Improvement...............................................................................1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval..............................................................................2
1.3 Intent of Plans ............................................................................................2
1.4 Survey Monuments ....................................................................................2
1.5 Performance of Work .................................................................................2 ;
1.6 Changes in the Work..................................................................................2
1.7 Defective Work...........................................................................................3
1.8 No Warranty by City ...........................................................................-.......3
1.9 Authority of the City Engineer.....................................................................3
1.10 Documents Available at the Site.................................................................3
1.11 Inspection...................................................................................................3
1.12 Compliance with Law .................................................................................4
1.13 Suspension of Work...................................................................................4
1.14 Final Acceptance of Works of Improvement...............................................4
2. Time for Performance ...........................................................................................4
2.1 Commencement and Completion Dates.....................................................4
2.2 Phasing Requirements...............................................................................5
2.3 Force Majeure ............................................................................................5
2.4 Continuous Work........................................................................................5
2.5 Reversion to Acreage.................................................................................5
2.6 Time of the Essence...................................................................................6
3. Labor.....................................................................................................................6
3.1 Labor Standards.........................................................................................6
3.2 Nondiscrimination.......................................................................................6
3.3 Licensed Contractors .................................................................................6
3.4 Workers' Compensation .............................................................................6
4. Security.................................................................................................................6
4.1 Required Security.......................................................................................6
4.2 Form of Security Instruments .....................................................................7
4.3 Subdivider's Liability...................................................................................8
4.4 Letters of Credit..........................................................................................8
4.5 Release of Security Instruments.................................................................9
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5. Cost of Construction and Provision of Inspection
Service..................................................................................................................9
5.1 Subdivider Responsible for All Related Costs of
Construction ...............................................................................................9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services.........................................................................10
6. Acceptance of Offers of Dedication.....................................................................10
7. Warranty of Work................................................................................................10
8. Default.................................................................................................................10
8.1 Remedies Not Exclusive...........................................................................10
8.2 City Right to Perform Work.......................................................................10
8.3 Attorney's Fees and Costs .......................................................................11
9. Indemnity ............................................................................................................11
10 General Provisions..............................................................................................11
10.1 Successors and Assigns...........................................................................11
10.2 No Third Party Beneficiaries.....................................................................11
10.3 Entire Agreement; Waivers and Amendments..........................................11
11. Corporate Authority.............................................................................................11
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this day of , 2018, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and Enclave @ Baristo,
LLC, a California Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 37245 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs:
Lots "A" through "D" inclusive, for public street, public utilities and sewer purposes.
An easement shown as "33' PSE" for public utilities with right of ingress and egress of
service and emergency vehicles, and personnel and for sewer purposes.
An easement shown as "5' PUE" and "10' PUE" for public utilities and sewer purposes.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
1. Construction Obligations.
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1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $ 1,670,000.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
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1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
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direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
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Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon demonstration of good cause, subject to
review and approval by the City Council.
2.2 Phasinq Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Subdivider
acknowledges City's right to withhold the issuance of further building permits on the
Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements
that are a condition to issuance of building permits have been satisfied. Such
requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the
Subdivider by the City, if, upon a determination by the City Engineer or his designee,
completion of specific Works of Improvements or other requirements associated with
the development of the Property have not been completed to his satisfaction.
2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency (including City), required changes to the scope of work required by City,
and similar causes; provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
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date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. In connection with its performance under this
Agreement, Subdivider shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital
status, ancestry, national origin (i.e., place of origin, immigration status, cultural or
linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender
expression, physical or mental disability, or medical condition (each a "prohibited
basis"). Subdivider shall ensure that applicants are employed, and that employees are
treated during their employment, without regard to any prohibited basis. As a condition
precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Subdivider certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Subdivider activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship; and further, that Subdivider is in full compliance with the provisions of
Palm Springs Municipal Code Section 7.09.040, including without limitation the
provision of benefits, relating to non-discrimination in city contracting. This provision
shall also apply to any contractors or subcontractors engaged in construction of the
Works of Improvement.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
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Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Security.
4.1 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 4 below
(hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$1,670,000.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $835,000.00 equal to 50% of the estimated construction cost
referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $5,000.00 equal to 100% of the
cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $250,500.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
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(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
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under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any,other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
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such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible_ for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional. inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the. Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
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such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion,- City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdividerfails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery; retaining expert witnesses, and all other necessary and related costs with
respect to the litigation..All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
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Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authotity.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
12
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
SIGNED IN COUNTERPART SIGNED IN COUNTERPART
By
Kathleen D. Hart, MMC, Interim City Clerk David H. Ready, City Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
SIGNED IN COUNTERPART
Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager/City Engineer
SUBDIVIDER:
Enclave a- Baristo, LLC, a California Limited Liability Company
Check one: _Individual_Partnership ,/Corpo ration*_Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By:
Sign ure (not rized) Signature (notarized)
Name: , lr Name:
Title: mftL�q om Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CONTENTS APPROVED:
CIT"thonvy
S, CA
--7)By
, ty k David H. Rea anager
Date: 1`) Date:
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
B / Date: l 1 Agreement No. A—
, City Attorney
5ZW -1-51-Il1"p!, -
Date: � Z o S
SUBDIVIDER:
Enclave @ Baristo, LLC, a California Limited Liability Company
Check one: _Individual _Partnership _Corporation* X Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
SIGNED IN COUNTERPART
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
STATE OF CALIFORNIA 1 )
COUNTY OF V,¢DVS I
On vu-V1e- [ 201 V bfore me r1Ge W.JtA t w!
e
, ,Notary Public,personally
appeared S who proved to me on
the basis of satisfactory evidence to be the person(r�vhose nam (Ware subscribed to the within instrument and acknowledged tome that
&shet[hey executed the same ii /hakheir authorized capacity4ies),and that byoherMmir signature(e)on the instrument the person{-sj,
or the entity upon behalf of whicLi the persont<acted,executed the instrument.
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.
FLORENCE M JENKINS
d�
Commission#2132795
Signature — (Seal) , Notary Public-_California z _
Riverside County
My Comm. Expires Nov r, 2019
EXHIBIT "A"
TRACT MAP 37245 LEGAL DESCRIPTION
Tract Map No. 37245, as recorded in Map Book 4(pi Pages through inclusive, records
of Riverside County, California.
EXHIBIT "B"
TENTATIVE TRACT MAP 37245 CONDITIONS OF APPROVAL
l
RESOLUTION'.NO. 24279
AP
EXHIBIT A
CITY CO C R A�rr
'i � 37 2ti�" TT✓►� Pierna ++t'
:.
Tentative Tract Map 3724
. Inanoe Na.
Thirty.Unit Condominium Complex located at
Northwest:Coiner of Hermosa:Drive and Baristo Road
Enclave.at.Baristo
July 19, 2017... . ... .. ,
CONDITIONS,OF APPROVAL.
Before final acceptance of the protect, all conditidns listed:below shall be completed to the
satisfaction of the City .Engineer, the- Director :of Planning. .Services, the' Director '.of
SBuildin and Safe the_Chief of Police, the Fire Chief or their: nee; de endin on
9 _ tY, g P. g.:
which depa;rtrnent recommended the condition:
Any agreements, easements or_covenanis required to be entered into shall be in a:form
approved bythie City Attorney
ADMINISTRATIVE CONDITIONS
AD.IUI 1, Proiect Description: This :approval is for the. project described ,per:Case,
: .
3.4007 MAJ, 7.1599 AMM; and TTM 372:.45; .
ADM 2..: Reference Documents.. • The lie shall be developed.and maintained: in
accordance with the approved plans, date stamped May 17,;2017, and July
10, 2017, :including site plans, architectural elevations, exteriormatenals and
colors,landscaping, and grading-on,file:in the.Planning Division:
M 3. Conform .:f(a all Codes.,and`.Re ulations The ,r ject sti,all conform to the
. _. p .J
cond"i contained`Herein; all a plicable' regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City. County, State and
Federal:Codes; or inances,`resolutions::and:laws that may apply:.
ADM 4. . Minor.Deviations The Director of Planning or designee'may approve minor
....
deviations.to the project descnption ano approved plans in accordar ce.'v'Viith
the prav�sions of the Palm:Springs .lining Code
ADM 5. Indemnification. The .owner shall defend, indemnify, .a:nd hold harmless the
City'ofi Palm Springs, its agents; officers, and' employees from :any claim,'
action,,or'proceedmg `against the ,City of Pa1m_ Springs or`its agents; officers
oc employees to attacH, set;aside,. void or annul; an. approval of:the-.City of
Planning Commission.Resolution.No. July 1,9,2017
Case Nos.37245 TTM;.&3.4007 MAJ
.Palm Springs, ;=its Jegislative body, advisory. agencies, or administrative
of fibers concerning -Case 3.4007 MAJ;- 7 15:1`9 AMM; and TTM .37245. The
City of Palm Springs will promp%tly notify the applicant of any`such" claim,
action, or. proceeding°against th'e Gity of Palm•Springs .and the applicant will,
either undertake defense.of the matter and pay the City's associated legal
z costs or will advance funds to Fpay for defense of the, matter'by file City
Attor_ney. If the City,of Paiim Springs fails ao promptly notify ttie applicant of
any such clairn;,action or ptoceeding or fails to.cooperate fully in the defense,
the..appl car t shwll not,;thereaftelr oe responsible to defend; indemnifyV hold
harmless the City of Palrri Springs Notwithstanding the Igrb96ing, the City.
retalns 'the right to. settle or abandon the matter wi#hout the applicant's
consent, but should. it do so the City shall waive the in herein,
except, the City's decision to settle or abandon a matter following an adverse
judginent or failure to appeal, shall not cause a waiver of.the indemnifcation
rights herein
ADM 6. Malntenance and Repair; The ;property owners} and. successors and
assignees in interest shall, maintain and repair the improvements Including
and °without limitation: all structures, 'sidewalks, bikeways, parking,a`reas,
landscape; irrigation; lighting, signs, walls, and=fences betuveen ahe curb and
property line, including:sidewalk o blkeway Basemen# areas thatextend 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`_ :Thi condition shall :be rncluded in the
recorded covenant agreement for the pr"operty if required by the City.
.9
ADM 7. Time Limit ort Approval Approval of„the Major .ArchitecturaI Application .
(MAJ} sha l be valid fora period of two (2}years from the `effective date.of the
ninCrnlssionapproval. Extensionsoffim y the PlaT
upon demonstration of='good:cause:
ADM 8 : Right to Aopeal Decisions.af an administrative officer or�agency of-the City
of Palm ,Springs may. lie 'appealed -in accordance with Municipal' Code
Chapter 2.05,00. Permits will not T ;ipswq, until the.:appeal period has
concluded.
ADM 9. Public Art Fees: This:projeet shall be subJect to Chapters 2 24 and 3 37 of
the -Municipal Code rega-dingL public 'art The Project,shall either provide
public art.or paymentof an in lieu fee: :In the case`of the In lieu-fee, the fee
shall be based upon tFe otal building permit valuation as, calculated pursuant
to the valuation,'.tabliP.%I the Uniform Building. Code, #he,fee t e ng3112% for
Planning Commi§sion Resolution No. July,,79,2017
Case Nos.37245 TTM;&Z.4007 MAJ
commercial.projects or 1/4% for residential projects with first $100,00,0 of total
building,permit valuation for individual single family units exempt: Should the
public art-be located on the,project site, said location shall be reviewed-and
approved by the Director of .Planning and. Zoning and the Public Arts
Commissioh,'and,the;property owner hall enter,°into a recorded agreement to
maintain-the art work and'protect the public rights:of access and wrewirtig.
ADM 10. Park Development Fees: The developer shall dedicate land or pay. a fee-in
lieu. 'of a:dedication; at the option of...'the City. The ,in-lieu; fe`e shall be:
computed pursuant to Ordinance:No ` 1.632, Section IV,-,by multiplying the
area of park to be- dedicated by;tha*.fdie market.value of the land, being
developed .plus the .cost to acquire and improve,the property:-;plus' the fair
share contribution, less any:credit;.given by the City; as may be reasonably
determined by the City based upon the formu,la contained in Ordinance No.
1632. In accordance with the Ordinance;the following areas`or features shall
not be eligibla.- or private park credit. golf courses, yards, cop.. areas,
setbacks; .development edges,. slopes in hillside areas- {unless the area
includes a public trail} landscaped ..development envies, rneardenng;
streams, and held as=open°space.forwildlife habitat; flood retention:facilities
and circulation 'improvements such as' bicycle, hiking and equestrian trails
{unless such'systems are,directly linked:to the.,City's,community=wide-system
and shown on the.(ty`s master plan}
ADM 11. Comply with City Noise Ordinance.; This use shall comply with the provisions
of Section 11.74 Noise_Ordinance of the Palm S:prrngs Municipal Coder -
Vioiations,may reswlt in revocation.ofthis-Conditional-Use Permit.
ADM 12. C AR s The applicant prior to issuance of building permits shall submit_.a
draft:declaration=of. covenants, .conditions and restrictions {"CC&R's"j to the
Director 'of Planning, for.approval in a format to b'e approved' by the City
Attorrey: These CC&R's may be enforceable by the` City; shall not be
amended with City approval, and shall require maintenance of all property
0 a!good condition and in accordance with all;ordinail .
ADM 13. CC&R& Pnoi`_to recordation of a final,Tentative Tract :Map or issuance of`
builtling permits, the :applicant shall submit a :draft declaration of covenants,
conditions and restriction`s ("CC&R'S") toahe Director of Planning for approval
in-1 format to be approved by,the City Attorney., The draft CG&R package
shall include:
a. The,document to convey title
3
i
Planning Commission Resolution No. July 19,2017
Case Nos.37245 TTM;&3.4007 MAJ
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to
be recorded.
c. Provisions for joint access to the proposed parcels, and any open space
restrictions.
d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor-in-interest.
Approved CC&R's are to be recorded following approval of the final map.
The CC&R's may be enforceable by the City, shall not be amended without
City approval, and shall require maintenance of all property in a good
condition and in accordance with all ordinances,
ADM 14. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm
- Springs, a deposit in the amount of $3,600, for the review of the CC&R's by
the City .Attorney. A $675 filing fee shall also be paid to the City Planning
Department for administrative review purposes.
ADM 15. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement
regarding the location of the project relative to roadway noise, City special
events, roadway closures for special events and other activities which may
occur in the Central Business District, Desert Museum and Desert Fashion
Plaza. Said disclosure shall inform perspective buyers about traffic, noise and
other activities which may occur in this area.
ADM 16. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.-
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan_(CVMSHCP)
Local Development Mitigation Fee (LDMF) required. All projects within the
City of Palm. Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be-submitted by the applicant to the
City in the form of a money order or a cashier's check savable to the
Riverside County Clerk prior to the final City action on the project {either
4
Planning Commission Resolution No. July 19,2617
Case Nos.37245 TTM;&3.4067 MAJ
Planning Commission or City Council determination.): This fee shall be
sut mltted by the City,to the. County Cierk with the Notice of Determination.
Action on this application shall not be final until ouch fee is paid.. The project
may be ebgrble: .fgr exemption or refund, of this 'fee by the. California
Department of fish &:Game. Applicants may apply fora refund by the CFG
at.,www:df4.ca.gov for more information.
ENV 3. Cultural -Resource Survey Required Prior to any-ground..disturbing activity,
including_ clearing and grubbing, installation of utilities;;.and/or any
cons#ruction related-:excavation, an Archaeologist qualified according .to the
Secretary of the Interior's Standards and, Guidelines, shall be employed;to
survey the area for the presence Hof cultural resources:identifabl, on the
ground surface:
ENV 4. Cultural Resource Site:.Monitorina There is`a possibility.of buried cultural or
Native American tribal resources,on the:'slte. A Native American Monitor sha(I
be present during 'A ground drsturbirig activities; (check':for duplication .in
engineering conditions)
a) --;k,Nitive, American Monitors). shall',be present:during all ';ground
d,istuitiing activities including cl-earing and ;grubbing, excavation, burial of
utilities,-pianting of rooted plants, etc: Contact the Agua Ca iente Brand of
Cahuilla Indian Cultural.Office°for additional information on ,the use and'
avaiiabilrty of Cultural Resource:.Monitors Should buried cultural deposits
be encounteretl, the Monitor shall contact the Director of Planning:'- After
consultation 'the Director sha'Ii have the, authority to half destructive :
construction `:and shall notify. a Qualified Archaeologist to :further,.1
'
investigate the site If necessary, the 'Qual led Archaeologist, shall -
prepare atreatment plan for submission to the State Historic Preservation
Officer and Agua Caliente Cultural Resource Coor:inator for approvM"
Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, -record-
search results and e"44
records'lupdates shall be forwarded to the Tribal
Planrnng, Building,.and Engineering`Department'and one.copy'to the City
`Planning Department prior,to final mspeCtion.
Planning Commission Resolution No. July 19,2417
Case Nos.'37245TTM;&3.400TMAJ
AQUA CALIENTE BAND OF CAHUILLA INDIAN.S CONDITIONS
AQA '1. Prior to" issuance of any grading.,permit, the.applican# shall°'pay the Valley
Floor Planning Area fee-to'the Tribe:as requires by the THCP
AQA 2. jPrior to, .any ground, or habitat disturbance associated `with any Covered .
Project on the Reservatlon on a site which provides potential burrowing owl
habitat, the Covered Project Proponent:shall:.cause a pre-construction survey
of the site to-be conducted.for presence of the species.
a Surveys and relocation, if-= applicable, shall .,.be conducted :in
accordance:wth the California Department of Fish an Wildlife..(CDFGj .
Staff Report on Burrowing Owl Mifigatlon; (1995} or,other- fhencurrent
protocgls as directed by:the Tribe
b. Owis should;:be excluded;fromburrows in the Department Envelope
and within an appote buerzone yinwaria y doors :in
burrow'-entrances~or other technique as' deemed appropriate The
biological monitor'm,u.s "ensure`through appropriate means::(e g:, monitor ..
.for.owl°use,.`'excavating tiurraws) that the:burros to be, impacted ;are not
being used. The Tribe shall-:deten-lineswhether: creations of artrficial
burrows is:necessary as part of the.relocation effort..,
c: . Occupied burrows shah not be disturbed during the nesting eason
unless" a quaIi l d'blologist verifies through non invasive `methods -that
either: (a) the birds have:not begun egg lying and incubation, or (b) that
juveniles from the' occupied burrows are; foraging n e.pendentiy and
capable of independent survivah
AQA 3." A cultural resources inventory shall be;conducted of the.,Project Site by..,a
qualified archaeologist priorto any:ground disturbing activities:
AQA 4. The presence of..an approved Native American Cultural Resource Monitors)
shall be present 'during ' any ground disturbing activities (including
archaeological testing and :surveys) Please contact,the Tribe l Historic
Preservation Office :at 760;699 6800_'-.for details, Should burled cultural
deposits lie encountered, fh`e Monitor' may" request that the destructive.
construction "halt and tFie Monitor shall notify a Qualified Archaeologist
(Secrefary of the Interior's -Standards" and Guidelines) to investigate and; if
necessary; prepare d mitigation plan far submission:to..the State Historic
Preservation Officer,and the,Aqua.Calienfe Tribal Historic Preserve,ion',.0 ce.
6
Planning.Commission Resolution No. July 119,2017
Case Nos.37245 TTM;&3.4007 MAJ
,PLANNING.DEPARTMENT CONDITIONS
PLN 1. Add a sidewalk on the west side of the internal Street"A".
PLN 2. Reduce building height to 24'4' feet.
PLN 3. Enhance north building elevations,facing Arenas Road. .
PLN 4: Water Effcient Landscaping Conformance. The; project, is subject to the
Water Effctent Landscape ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances The
applicant shall ..submit a landscape and irrigation .:plan to the Director of
Planning for review,and approval prior to the issuance of. a building permit.
"and`scape plans shall be we# stamped and approved' by tti`e Ri erslde
County Agricultural Comrnissloner's `Office prior to submittal Prior to
submittal to the City, landscape plans shall also be certified by the local water
agency that they are m conformance with the water`agency's and the State's
Water Efficient Landscape Ocdinarices
PLN.5. Sian:Apphcations Required:. .No signs are approved by #his action Separate
approval and permits shall be required for all.signs in accordance:with.,Zoning
Ordinance_.Section 93 20 .d The applicant shall submit a sign. program to
the.'Department of Planning Services prior to th:e issuance of building permits.
PLN 6. Notice to...future'buyers on. views. All ;prospective buyers: of units shall. be
notified that there are no written orimlled rights toile preservation ofscenic
views from the..parcel.
PLN 7. Prior.-to recordation of the final subdivision map, the developer shall submit for
review and approval 'the following documents to the Planning Department .
Which shall demonstrate-`that the ,project wil�`be developed. and maintained in
accordance with.the intent and purpose of the-approved tentative map:
p.
`a. The document to convey title.
b. Deed restrictions; easements, covenant. conditions and restrictions that
are to be recorded.
c. The approved doctments shall be recorded at the same time #hat the
subdivision rnap is`recorded The documents shall contain:provisions for
joint access to the-proposed parcels an open space restrictions, The
approved documents shall contain a provision which provides that #hey
7
Planning'Commission;Res6ution No. July 16,2017
Case Nos,37245 TiTM;&34007 MAJ
may:riot be, terminated or substantially amended without-the consent of
the Cityand the developer's successor-in-interest.
PLN 8. Pools/Spas water,edge to be permitted within three(3)feet,of'property lines.
PLANNING:GOMMISSION IMPOSED CONDITIONS
PLN :9: Add appropriate,street furniture (bench seating) located in landscaped area
adlacent to Arenas Road.
PLN`10. Trees planted adjacent to streets to provide shading of sidewalks.
PLN 11. CC&R's to restrict short term'rental to no less than thirty(30)days.
PLN 12: Residential buildings to be wired for solar installations providing a minimum.of
2 krlowatts:
POLICE DEPARTMENT:.CONDITION$
POL 1`. Developer'shall comply with Section ll of Chapter 8.04 "Bu ldmg.Security
Codes" of the Palm Spnngs Municipal Code. ;
BUILDING DEPARTMENT CONDITIONS '
BLD.1. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT CONDITIONS
F1D.1. Fire Department conditions . may not provide all requirements.
Owner/developer is responsible for all applicable state and.locally adopted fire
codes 'Detaiied.plans are still required -for review Conditions are subject to
final plan'chick and. review Initial Fire Department conditions have been
determined from th:e plans. received . January 18,' . 2Q17. Additional
requirements maybe required at that tune based an revisions to site plans
FID 2. Fire;Departm1.ent Conditions-were based on the - 3 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code and latest
adoptetl NFPA Standards Three {3) complete sets of plans for private fire
service mains, fire alarm, or;,fire sprinkler systems must be submitted at time
of the building plan submittal. No deferred submittals accepted.
Planning Commission Resolution_No. July 19,2017
Case Nos.37245 TTM;8 3.4661 MAJ
FID 3. PLANS M&PERMITS
Co'mpfete plans for private ,fire service mains or fire sprinkler systems should'
be submitted far approval well.in advance of installation. Plan reviews can
take up to'20 working days. Submit a minimum of four(4) sets of drawings for
review. Upon approval, the Fire Prevention Bureau.will retain one set.
Plans shall besubmiited to:
City of Palm.Springs,,
Building and.Safety Department
3200 E.Taliquitz.Canyon Way
Palen:Springs, CA 92262
Counter Hours: &0 AM 6:00 PM, Monday_=Thursday.
A deposit for Plan Check and Inspection Fees is required at the time-of Plan
Submittal; lnspection.fees are charged at.the fully burdened hourly rate, of the
fire inspector.These fees are established by Resolution of the Palm,"Springs
-. City Council:
Complete: I,istings and`,manufacturer's technical data sheets for all system
materials-shall be included With plan submittals All system matenals shall be
UL listed or FM approved for fire protection service antl approved by the Fire
PreventionBureau prig°r to installation. `
Plans shall indi-ate all necessary engirieenng features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the
appropriate. codes and standards :Plans and supportive.data.(calculations and
man ufacturer's, technical data sheets) shall be submitted with each plan
submittal .Complete acid accTurate legends for;all symbols and abbreviations.
shall be provided on the plans:
FID.4. Conditions of:,Approval ; "Conditions of Approval" received from.the Palm-
Springs Planning Department must be. submitted with each plan set.- Failure
to 5ubrmicwill result in a.delay of plan approval.
9.
Planning Commission Resolution No. July 19,2017
Case Nos.37245 TTM;&3.4007 MAJ
FID 5. Surface (CFC 503.2.3): 24 foot minimum fire apparatus access roads shall be
designed and maintained to support the imposed loads of fire apparatus
(73,000 lbs. GVW)and shall be surfaced so as to provide all-weather driving
capabilities.
• Fire Lanes—signage and/or curb markings required
Project Note: "Street A" — parking on one side only. Show parking spaces on
site map
FID 6. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access
roads shall be provided for every facility, building or portion of a building
hereafter constructed or moved into or within the jurisdiction. The fire
apparatus access road shall comply with the requirements of this section and
shall extend to within 150 feet of all portions of the facility and all portions of
the exterior walls of the first story of the building as measured by an approved
route around the exterior of the building or facility.
FID 7. Turning Radius (CFC 503.2.4): Fire access road turns and comers shall be
designed with a minimum inner radius of 25 feet and an outer radius of 43
feet. Radius must be concentric.
FID 8. NFPA 13D Fire Sprinklers Required: An-automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform system
design and installation. System to be designed and installed in accordance
with NFPA standard 13D, 2013 Edition, as modified by local ordinance.
Shall comply with Palm Springs Fire Code Appendix L.
FID 9 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be
prohibited unless approved by the fire code official.
FID 10 Operational Fire Hydrant(s) (CFC 507.1, 507.5 & C105.1): An approved
water supply capable of supplying the required fire flow for fire protection shall
be provided.
Maximum distance from any point on street frontage to a public hydrant—250.
Operational fire hydrant(s) shall be installed within 250 feet of all combustible
construction and shall be serviceable prior to and during construction.
10
Planning Commission Resolution No. July 19,2017
Case Nos.3724.5 TTM;&3.4007 MAJ
FID 11 Residential Smoke and Carbon Monoxide Aiarms Installation (CFC
907 211 2L3/4;° CRC R314 & R315, and. California Health & Safety.:.-Code
17926) Provide
-and install_Residential 5moke.and Carbon Monoxide Alarms.
Alams•shall receive their primary power from the building wiring, arid shall-be
equipped with a battery backup l("new constriction, alterations, repairs and
additions; smoke and carbon monoxide alarms shall:be interconnected The
operation of any smoke alarm will cause all,smoke alarms:within:the dwelling
to sound: The operation of'any carbon monoxide alarm:wlll cause all carbon
monoxide alar'.swithin the.dwe[ling'to sound:
ENGINEERING DEPARTMENT CONDITIONS
The Engineering, Division recommends that if this.. application as approved, such
approval is subject to thb'following eo"nditions being.completed in con"Viance with City
standards and ordinances
r... " 4
Before final acceptance if,the protect,:al condlfions listed below shall be:completed'to
the satisfactionof the,CityEngineer,.
STREETS
ENG 1. Any .improvements:°within the public right of way require a 'City of Palm
Springs,Encroachment Permit:All improvements-_are subject to inspection
antl a 24 to,48-hour"inspection notification is`required
ENG 2, Submit street'improvement plans prepared Dy a registered:California civil
engineer to the Engineering Services Department The plans) shall` be
approved by:the City Engineer prior to'issuance of any building perrnilts.
84 3. Master planned' roadways shall be :improved o the Final Secflon 14
Master Development Plan/Specific Plan design standards on'and adjacent
to the site, as,generally identified herein, or to alternative des gn.standards
proposed by the applicant and approved byahe City
ENG..4. When.public dedications of easements or rights of way over Tribal Allottee,
land are required, the applicant shaii:be responsible for compliance with
all Bureau of:Indian,Affairs (6>I,A ) requirements, including payment of any
131A fees, ob#aining appraisals,,.and:payment of Just compensation to the
underlying owner. Lt is the applicant's responsibility to determine what
additional costs or!' pr requirements may be 'necessary-.to obtain any
required public dedications as iden#fed by the City for#his development:
Re uired ub 1c dedications for easements or rig. s=of way-are "without
q P g
Planning sion RwoluhonNo. July.19,2097
Case Nos:'37245Commis TfM;&3.4001 MAJ
limitation as,to tenure"; easements granted with a.defned term, or made in
connection`wiWan underlying,,I ndidn' Land Lease, shall not be accepted.
ENG 5. Upon completion of required. improvements by the. applicant, .and as a
condition .bf acceptance.by the City_Engineer, the applicant shall prepare
for the t-ity.Engineer's approval, an-Affidavit of-Completion in accordance
with Section 169A 6, Title 25;-of the`Code of.Federal Regulafions,:for any
improvements constructed by.the applicant for which,an easement was
dedicated to.the City.through the Bureau of Indian Affairs. The Affdavitof
Completion shall be provided to and approved.by the .City-Engineer prior:
to finale°acceptance;of the project,.including issuance of a final,certifcate'of.
occupancy: The applicant Shall, . be responsible #or obtaining the
necessary form for the Affidavit of'Corrpletion from:the Palm .Springs
Agency of the Bureau of Indian Affairs, a'nd for having' it completed ;as
necessa y. the plicnt'sE Record.
HERMOSA DRIVE
ENG 6. tons!' 6f.404det wide driveway approaches).in accordance with City of
Palm'Spnngs Standard'Drawing No:20'1 ;
ENG T. In accordance with the Final Section 14 Master Development
Plan/Specific Plan (dated:November 2004);the applicant shall plant^shade.
trees Ina forma pattern along:ahe Hermosa Drive frontage, as approved
by the Director; of Parks and Recrea#ion The -applicant shall %be,-
r.,esponsible :for the perpetual maintenance of ithe new trees and other:
parkway landscaping along the Hermosa Dnve: frontage The specific,
landscapmg;improvements descnbetl in this condition may be modified by.
the applicant; in consultation with the City;, provided th.:at the intenfi of the
Section 94 Specifi.c Pfan.guideline ismaintaned.
ENG 8. All broken or off grade atreet. improver ents along the project frontage
shall be repaired oi-replaced.
BARISTO ROAD
ENG 9. ` Construct a 6,inch curb;and gutter, 32 feet north of centerline along the
entire frontage, with'a 25 feet radius curb return,_cross gutter and spandrel
;on each side' of the�intersection of,Bansto Road and Private Street. :in
accordance-;with City of Palm Spnngs'Standard Drawing No. 200 and 206.
12
Planning Commission Resolution No. July 19,2017
Case Nos.37245 TTM;&3.4007 MAJ
ENG 10. Construct an 8 feet wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard. Drawing No.
210.
ENG 11. Construct Type A curb ramps meeting current California State
Accessibility standards at the intersection of Baristo Road and Private
Street in accordance with City of Palm Springs Standard Drawing No.212.
ENG 12. Construct pavement with a minimum pavement section of 5 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal,
from edge of proposed gutter to clean sawcut edge of pavement along the
entire frontage in accordance with City of Palm Springs Standard Drawing
No. 110. (Additional pavement removal and replacement may be required
upon review of existing pavement cross-sections, and to ensure grade
breaks of the pavement cross-section do not occur within a travel lane.).If
an alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City
Engineer for approval.
ENG 13. In accordance with the Final Section 14 Master Development
Plan/Specific Plan (dated November 2004), the applicant shall plant shade
trees in a formal pattern along the Baristo Road frontage, as approved by
the City Engineer. The applicant shall be responsible for the perpetual
maintenance of the new trees and other parkway landscaping along the
Baristo Road frontage. The specific landscaping improvements described
in this condition may be modified by the applicant, in consultation with the
City, provided that the intent of the Section 14 Specific Plan guideline is
maintained.
ENG 14. Design and install an electrical system for installation of Hermosa Drive
decorative light fixtures (12 feet to 15 feet tall) consistent with the existing
decorative lighting system along Tahquitz Canyon Way, including banner
supports and overhead pedestrian-level lighting on the sidewalk. The
applicant shall furnish and install the decorative light fixtures, luminaries
and supporting electrical system. The electrical system shall be operated
by a separate electric meter, unless an existing meter is available for use
by the new lighting system, as approved by the City Engineer. The
lighting system shall be installed and operational, and accepted for
13
Planning Commission Resolution No. July 19,2017
Case Nos.37245 TrM;&14007 MAJ
operation and maintenance by'the City, prior to issuance-of a Certificate of
Occupancy, unless otherwise allowed by the City Engineer.
ENG 15. All broken ,or off gradre street improvements along the project frontage
shall be repaired or replaced.
ARENAS ROAD
ENG 16. 'Construct,a 6 inch curb..and gutter, 3246et south of centerline along the
entire frontage'.with 9,25 feef radius.curb return.-cross gutter and spandrel
on each side..of.the intersection of Arenas Road and Private Street:.in
accordance with.City of Palm Springs Standard,Drawing No 200 and 206;
ENG 17. Construct an 8% ;feet wide sidewalk: behind 'the curb along the entire
frontage in accordance with City of!Faim :Sprtrrgs Standard`°D raw ing No.
210.:
ENG 18., Construct Type ::A. curb ramps ;meeting current Califomia State
Accessibility sta*ndards'at the `intersection of Arenas Road and',P&a. to
Stree#in accordance with City of Palm Springs Standard Drawing N62 12.
:ENG 19.. Construct pavement with a minimum pavement section of 5 inches asphalt
concrete pavement over, 4 Inches crushed miscellaneous base with a
minimum subgratle of 24 lncles at 95%. -relative compaction, or:equal,
from edge of;proposed gutter to clean sawcu#etlge of pavement along the
entire frontage in acco"rdance with City of Palrn Springs Standard Drawing
No 110 (Additional pavement removal and replacement may be'required
upon review of 69.1s.ing paverrient cross sections, and to ensuret gra(e
breaks of the pavement cross section. do not occur within a travel lane) If
an alternative pavement secfion is_ proposed,.-the proposed pavement'.
section,° shall be :designed ,by a. California registered Geo#ethnical
Engineer using ,"R' values from the pro�ect;site and submitted to:the City
Engineer for approval,
ENG 20. All broken or off.'grade _street improvements along the project frontage
shall'be repaired rep ace
ON SITE
ENG 21. The minimum pavement-section for all on site pavement far private streets
shall be 2Ai inches asphalt concrete pavement over 4.inches crushed
miscellaneous, base with a' minimum sub grade .of 24 Inches at 95%Q
14
relative compaction; or equal.: If an alternative pavement section is
proposed, the proposed _pavement section shall be designed .by a
California registered Geotechnical Engineer using "R" values from the
project site and submitted to the'City Engineer for approval.
ENG 22. All on-site private streets shall be two with a minimum 32 feet wide
traveiway (as measured from face of curb) where on-street parallel
parking is'proposed on one:side of the street:
ENG 23. On site°private streets shall be constructed with curbs, .gutters, and,cross-
street. accept and convey street surface_drainage of the
as necessary to
on site streets to,.the on=site .drainage system,. in accordance with
applicable City standards.
SANITARY SEINER
.ENG 24. All sanitary facllitiessha" ff be connected to'the public sewer system (via the
proposed on=site . sewer system): New : laterals shall not be
connected at`Mari,
holes
ENG 25. All on=site sewer, systems shall be privately. maintained;�by a Home
Owners Association (HOA}. Provisions" for maintenance of the :on site
sewer;system acceptable to the City Engineer shall;be included: m the
Covenants, Conditions and Restrictions (CC&R's")'required for this project.
ENG 26. If an on site private sewer system is,
proposed to coliect sewage from the
development and connect to :the existing` public sewer system,; sewer
plans shall .;be submitted to the Engineering 'Serv1ces Department for
review and approval Private on site sewer mains for residential projects
shall conform to City sewer design standards, inc lutling construction 6f.'8
inch U.0 -sewer,,main:and sta ndard sewer.manholes Sewer rnanho.le
covers sh611:be identified as "Private:Sewed' A `profiile,view of the`on site
private sewer mains is :not necessary sufficlent invert information. is
provided m.the plan ng elevations with conflicting ubli#y lines.
Plans for sewers..other:_than the private on-site sewer mains; i e "budding .
sewers and laterals from the build ngs to the on-site pr vate:sewer.ma ns;
are°subject to separate review and"approval by the Building'Division.,
ENG.27.. The project is subject ta"the, Sec#ion 14 Sewer'Impact Fee The sewer
impact fee at,the present time°,,is $696:00.-pot,acre The fee shall be paid
prior.to; or,concurrently with issuance of builditlb permits.
GRADING
15
ENG 28. Submit a Precise Grading Plan prepared by a California registered Civil
engineer to the Engineering Services Department for review and approval.
The Precise Grading Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Services Department
for review and approval. The applicant and/or its grading contractor shall
be required to comply with Chapter 8.50 of the City of Palm Springs
Municipal Code, and shall be required to utilize one or more "Coachella
Valley Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source such
that the applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Services Department with
current and valid Certificate(s) of Completion from AQMD for staff that has
completed the required training. For information on attending a Fugitive
Dust Control Class and information on the Coachella Valley Fugitive Dust
Control Handbook and related "PM10" Dust Control issues, please contact
AQMD, at (909) 396-3752, or at htta://wwW.AQMD.gov. A Fugitive Dust
Control Plan, in conformance with the Coachella Valley Fugitive Dust
Control Handbook, shall be submitted to and approved by the Engineering
Services Department prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan; a
copy of current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report; a copy of the project-specific Final
Water Quality Management Plan.
ENG 29. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the
applicant shall obtain -written approval to proceed with construction from
the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation
Officer or Tribal Archaeologist ( a copy of the written approval must be
provided to .the City) . The applicant shall contact the Tribal Historic
Preservation Officer or the_ Tribal . Archaeologist at ACBCI-
THPO@aquacaliente.net to determine their requirements, if any,
associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as
early as possible. If required, it is the responsibility of the applicant to
coordinate scheduling of Tribal monitors during grading or other
16
construction; and to arrange,payMent of any required.fees,associated with
Tribal monitoring,
ENG 30. In accordance with an approved PM-10 Dust Control Plan, temporary.dust
control perimeter fencing_shall be•installed, Fencing shall have screening
��tlat is tan in color; green screening will not be.allowed Temporary dust
control perimeter, fencing shall be .installed rafter ]ssuance: of, Grading
Permit, andkiinmediateiy pnorto commencemenE::of grading operations.
ENG 31. , Temporary dust control perimeter fence, screening shall be:appro.priateiy
maintained, as,required by the City Engineer Cuts (vents) made into the
Perimeter fence screening shall not be,allowed. Perimeter fencing shall
be adequately anchored°into the ground to resist wind loading:
ENG 32. Within 10 days of ceasing all construction,activity and.when.construction
activities are not scheduled to occur for at least 30 .days, the disturbed
areas on situ shall be permanently stabilized, m accordance With. Palm
Springs Municipal Code'Secfio.n 8 50 022 Following stabilization of ail
disturbed areas, penmeter fencing shall :be removed, 'as regwred by the
City Engineer:
ENG:33. Prior:to issuance of grading permit, the applicant shall:provide verfcation
to the,City that`the Tribal:Habitat Conservation Plan (THCP) fee has been
.
paid to the Agua Caliente Band of Cahuilla Indians in accordance with the`
THCP: :
ENG 34. A Notice of fntent(NOI)to comply with the:.Cal�fo,rnEa General Construction`
Stormwater Pemmi# (Water Quality= 0rder,20090009-DWQ as modified.
S reqdeptember 2 2009) s r the roeddeveloente m via the
California Regional`=Water Quality Control Board;online`SMARTS systerr
A copy of the executed Yletterissuing a Waste. Discharge `Idenfification;`
{WDID,) number shall be prov'ded to the Cify Engineer prior to issuance.of
a.grading or bwldmg perm#
ENG 35. This project regwres preparation and implementation of a storm water
pollution prevention plan (SWPPP). As of September 4, 2012, all
SINPPPs sh'A' include a post=construction management plan (including
Best Management Practices) m accordance with the current:Construction
General Permit .1Nhere :applicable; the approved final project specific .
Water ..QuaUty Management Plan shall be incorporated by reference "or
attached to .the SVITPPI' .as the Post=Construction Management Plan: A
copy of the.up to date S;,WPPP shall be kept at the project site and be.
available for review;upon'request. -
17
ENG 36. In accordance with City of.P,alm Springs Municipal Code, Section 8 .O.022
(h), the applicant shall post With. the City a cash bond of two thousand
dollars ($,2;000:00) per disturbed acre .(if there-is` disturbance of 5,0.00
square feet or nior.,e) at the time of issuance of grading permit for
rnittgat on measures .for erosion/blowsai d- relating' to this property and;
development.
ENG 37. ' A Geotechnical/Soils Report° prepared .by a California registered
Geoteehrncal Engiine'er shall be required' for and tr corporatei .as an
i tegraf part.of the grading plan for the proposed development. A copy of.
the Ge6technid6l/S6ils .Report shall be, submitted to the Engineering
Services Department v+rith the first submittal.of.a grading plan �f required)
or prior:to.issuance of any permit.
ENG 38. The applicant shall provide pad (or,finish floor) elevation certifications:for
all build ng (or structure)„pads in conformance With the approved gratlng
plan (if ,egviretl); to the Engineering Services Department prior ,to
construction:of any,building'(or,structure, foundation
ENG 39, In cooperation with the Riverside County`Agricultural Commissioner and
the California Department of Food and Agriculture Red Imlported'Fire,Ant
Protecti applicants~ for grading permits involving a Ygratling plan and
involving the exp..ort 'o soil will be required -to present a clearance
docurnent from a`i7epartment, of Food and Agriculture representatwe-in,
the .form of an approved "Notfica#ion of Intent To:'Move Soil From.or
Within Quarantined Areas of Orange,`- Riverside, and Los Angeles
Counties (RIFA :Forrn 'CA 1)t:pnor to approval of the Gratling Plana(if.
required) Tle California Department of::Food and ;.Agriculture :office is
located at 73-710 Fred Waring Drive, Palm- Desert„(Phone 760-776-
8208).', . .
WATER QUALITY MANAGEMENT PLAN
ENG 40., This project steal{:..be required: to install. measures in accordance with.
app{icable National Pollution Discharge}Elimination System(NPDES) Best
Management:Practices (BMP's) included as part of the NPDES 'Perin
issued.. for the Whitewater River Region from the Colorado.River Basin
Regional Water Quality: Control Board .(RWQCB)x The applicant is
P maomeansforadvise44hatinstallatibh:of BMc '-other:'
pre treating`eontairiinated stonnwMer antl non sformwater runoff, shall be
required by. regulations. imposed by the RVI(QCB It shall be the
applicant's responsibility, to design and install appropriate BMP's, .in
accordance with the NPQES..Permit; that effectively intercept,and pre treat
contaminated stormwater and'non-stormwater runoff.from"the project site,
18
go'
to release to the City's municipal separate storm sewer system
MS4"}, to the satisfaction of the. City Engineer and the RWQCB. Such
measures'shall be designed ,and, installed. on-site- and provisions for
perpetual Anaii1itbriance :of the measures shall be provided ':to the
satisfaction of the City Engineer, including provisions in ::.Covenants,
Conditions, and Restrictions (CC.&R's)'required for the development (if
..
ENG 41. Afinal'Project-Specific Water Quality-Management Plan (WQMP)-shall be
submitted ,to and approved _by the City Engineer prior to Issuance .of a
grading or building :permit. The WQMP shall address the implementation
_of operational Best Management Practices (BMP's) necessary to
accommodate nuisance water and stomp"water rrunoff from within the
underground parking garage and the on-site private drive aisle s: .•Direct _
release of nuisance water '.to adjacent public streets is prohibited:
r r
Construction of operational BMP's shall_ be incorporated into the Precise
Grading and P aving:Pian:
F
ENG 42. Pnor to issuance of any. grading or:buddirg permits, the property=owner
".:
shall record:a:"Covenant and Agreement"with the County CCerk Recorder
or other instrument on a standardized form to mfarm future property
owners of the requirement to implement the approved Final Project
Specific Water ;Quality Management Plan (WQMP} ':Other alternative
instruments for requiring'implementation of the"approved Final Project-
Specific WQMP include:.requiring the implementation of the Final Project-
Specific WQMP in Home Owners Association or Property :Owner.
Association Covenants,:Conditions, an Restrictions (CC&Rs), formation
of,Lantlscape_ Lighting and Maintenance Districts;Assessment Districts or ,
Community'Serwce Areas responsible for,implementing the Final Project
Specific;.WQMP; or equEvalent, Alternative nstrui cents;must;be approved
t}y the City,Er,glneer pnor°to issuance'of any grading or;building permits:
DRAINAGE
ENG.43. All stormwater runoff across the,:property-shall be'accepted and conveyed
in,a rnanner acceptable to the City Engineer and releasedao-an approved
drainage system..`Stormwater:runoff may`not be released directly°to the
adjacent streets without first intercepting and areafing with. approved Best
Management Practices(BM Ps
-ENG 44. oject•-shall 'be required to install measures it accordance with
app icable National;Pollution Discharge Elimination System{;NPDES) Best:
Management Practices (.BMP's) included as part of tie NPDES Permit
issued for the Whitewater :Rlver Region from the Coloratlo River Basin
Regional Water Quality Control Board (.RWQCB). The applicant .is
19
advised that installation of BMP's, including mechanical or other means for
pre treating contaminated stormwater'and non stormwater runoff, shall,be
required by regulations_ imposed by the RWQCB It 'shall. :be the
appUcant's= responsibility to design and ;:install appropriate BMP's in .
accordance with the NP_DES Permit;`that.effectively.intercept'anct pr,.e treat
contaminated,stormwater.and non stormwater runoff from the project site,
prior `to to to the City's;�municipal separate storm sewer, system
(" },MS4" to .the satisfacti.on, of ahe City Er gi eer and the RWQCB Sueh
measures shall be designed and installed on-sito,- and provisions `:foe
perpetual .maintenance: of the measures shall be provided to the
satisfaction of the City Engineer, .including .,provisions in Covenants;
Condition's;and Restnctions'(CC&R's) requred for the development.
ENG 45. Construct storm tlrain improvements, mclud,ing but.not limited to '.catch
basins, and storm,;dra n`lines; #or drainage of on site"streets- into the on
site 'detention system :and on sr#e storm drainage :ampro'vements; as
described in the Hydrology Study
71
ENG 46. The project is sutiJect to flood control and drainage implementation fees.
The acreage drainage;fee at the present:tune is $92'I2 0:0 per acre in
accordance :with Resolution No; 15189 Fees shall be paid �prior...to
issuance of a building permit.
ENG 47. All an site storm ,drain systems shall..;be privately maintained; by a
Homeowriem' Association (- 64) Provisions for maintenance �of the on-
site storm drains acceptable o the City Engineer shall be`included
in Covenants, Conditions and Restrictions (CC&R's) required "for-
Go
project: .
20
Y
GENERAL
ENG A8. Any utility trenches or other excavations within existing asphalt concrete
pavement of off site streets required by,the proposed-development•shall
be backfilled. and repaired in aceo�dance with City of f?alm.Springs
,Standard. Drawing No. 115, The developer shall be responsible for
removing, grinding; paving, and/or overlaying existing asphalt concrete
pavement of.off site streets as required by and at the discretion of the City
Engineer, including additional pavement repairs to pavemenf repairs,made
by utility. companies for utilities installed-for the benefit-of the.proposed
development-=.(ie: Desert Water Agency; Southern Calk mla Edison, .
Southern .California as Company, Time Warner, ..Verizon, `Mission:.
Spnngs Water District, `etc,). ;Multiple excavations; trenches, and• other,
street cuts within ;existing asphalt :concrete pavement of Off-site streets
required by.the proposed development may require complete grinding and
asphalt.concrete overlay pf the affec#ed off-site streets, at the discretion of
the City Engineer .The pavement contlltion of the existing off site:streets
shall be retained to a condition equal to or better than existed:°prior_to
construction`of the proposed development:
.ENG 49. All proposed utility lines shall be installed underground.
ENG 50. All existing utilities shall be shown on fhe improvement-plans if required for
the project ;The existing and proposed service laterals shall be shown
from the main line to the,property liner
ENG 51. Upon:apprO.Va V of any improvement plan Of required) by the City Engineer,
the improvement plan shall pe provided #o the .City in digital format,
consisting of a DWG {AufoCAD•2004..drawing file), DXF (AufoCAb ASCII
drawing exchange,file), antl PDF (Adobe Acrobat 6 0 o_r greater) formats:
1%anation of the type and format of the digital data to be submitted #o the
City,may be authorized, upon'prlor approval"by the City Engineer.
ENG 52. The original inpro�ement plans prepared for .the proposed development
antl approved. by the City Engineer {if required} shall be documentetl with
record .drawing" "as-built" information and ret'd to_the_ Engineering
Services Department prior to issuance ofi a final-certificate of occupancy.
Any modifications or changes to approved improvement plans shall be
submitted to-the City Eng lneibrfor jaPproval prior to construction:
�:1
ENG 53. Nothing shall. be constructed or planted in the comer,cut-off area of
any intersections or driveways Which does or will exceed the height
required to .maintain an appropriate sight distance per City. of.Palm
Springs Zoning Code Section 93.02.00, D.
ENG 54. 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 In accordance with City of Palm Springs Standard
Drawing No, 904.
MAP
ENG 55. The developer- shall apply,for .an annexation. to the: City of.Palm
Springs Community. Facilities District established 'for public safety
services and submit required applications,1Naivers, and consent forms
to the..annexation='pnor to aPp�aval of a_f1h6l map-. ::Paym ent of,-an
annexation .fee ($7,500) and,. shall be made : at .the time of the
application The annexation sf?all be' completed by action`of the city
council:in a public hearing; prior to processing a final map for.approval.
ENG'56. A .Final :Map shad be prepared .by a California ,registered Land
Surveyor or qualified Civil Engineer and submitted to,the Engineering
Servlc6s Department for review and approval. A Title Report.prepared
for subdivision guarantee .for the subject property, th:e traverse
closures for ;the exis#ing:.parcel and all lots created therefrom; and
copies`of record documents 'shall_ be submitted with the Final Map'`to
the Engineering;Services Department as part of�the review of the Map.
The Fbiial Map shall be approved by the City Council prior;fo issuance
of.b0dinb permits .
ENG 57. Iri accordance .with .G.overnment.Code 66426 (c), an application for a
Tentative Tract Map shall be submitted to file Planning Department if
the subjectproperty. is proposed to be subdivided for purposes of sale;
lease,' or financing of commercial ;parcels. (and/or_ r"esidentiai -
condominium units) within the' proposed development ,No building
permit shall:be issued until a Final,Map for condo_min_ ium purposes has
been approved by:the City Council. '
ENG.58. The applicant shall be required to enter into an ,agreement that
provides the City of PafmSprings with an.exclusive right entry onto
the subject property ninth the' right to remove all, abandoned street
improvements at -the applicant's experis'e, in the :event'removal of the
abandoned'street irnprovemeilts is not completed within two (2) years
following approval of a Final Map by the City,Councd] `The agreement
Shull be secured with appropriate subdivision security, as approved by
the City Attorney, with the security available to the City upon notice
Planning Commission Resolution No.
Case.3.4007 MAJ;7.1519 AMM;TTM 37245 Page 23 of 24
Conditions of Approval
from theCity .Engineer that the applicant has failed,to perform its
obligations as regtared by,the agreement. The applicant shall provide.
written estimates,. of Cost , `to -remove all, abandoned. street
improvements, abandonment and%or ',relocation of . all exisim,
underground,.utllities, and construction of street:improyements as may
be necessary, subject to the approval of the City.Engineer..:.Estimates
of costs+related to pubhe Utility abandonment and/or;relocation shall be
determined by.the respective utility agency, as appropriate. The
agreement, shall be executed.-by the. applicant,prior"to, approval of a
Final Map by he City Council." The develop°er shall s,ut colt a eposit of
$2,500Ior preparation of'the agreement, an'-
_'shall.be subject to actual
costs associated with its preparation by the City71
' ftorney;
ENG,59. Xcopy:.of Aidft Covenants, Conditions and+Rest,rictions"(CC&R's) shall
be submitted. to the City Attorney #or review antl approval for ;any
restrictions related to brghleering" Services Department's
recommendations The CC&R's;shall be approved,by the City Attorney
error,#6 approval of the Final' Map by the Of Council, or. finr.`"the
absence of a:'Final Map, shall tie submitted antl approved by the,,City:.
Attorney port o;issuance:of Certificate of Occupancy.
ENG 60. Upon approval of a final map; the final map shall,be provided to[:the City m
digital format, aansistent with ahe "Guitlelmes for GI,S Digital Submission" from,tFie
Riverside County Transportation and Land Managemenf- Agency" C=1 S digital
information shallconsist of#he'fallowing data: California Coordinate System, CC583
Zone 6 (m U S-feet), monuments (ASCII drawing exchange file), lot Imes, ngtits-of
Way, and centerlines sFiawn as continuous lines, fulj. map'annotation consistent with;
P
annotation shown on the ma ;•map number, and map fie name. G I S data format
sfiall be provided on a CDROM/DVD containing the:following A' G1&iG6 database; .
ArcView .Shapefle," Arelnfo Coverage or +Exchange file;. DWG (AufoCAD 2004.
drawing: 'D`GN.(Micro station draw hg _file), DXF (AutoCAo ASCII drawing,
exchange file), and PD'IF {Adobe Acrobat 6 0 or greater);formats Variations of:;the ,
type and format of G f:S digital data to be submitted to the City'"may be authorised;
upon prior approval of tiie City;Engme'er
ENG"61. Acce'pta'nce of public improvements required of this development shall
be completed by .resolution of`the City Council to release the faithful
performance`bond ;and acceptance of replacement maintenance bond
totbe fieltl for one'yeas-: ,An inspection wiU be performetl rime months
after said acceptance as. part•`of the; notice of completion 'process; a
notice of completion .will be llletl :certifying t} a improvernprits` are
complete.
TRAFFIC
ENG 62. A minimum of 4$ inches,of clearance for accessibility"shag be provided.
on public sidewalks. Minimum" clearance on public sidewalks shall be
23
Planning Commission Resolution-*VO.
Case 3.4007 MAJ;7.1.519 AMM,TrM 37245 Page 24 of 24
Conditions of Approval
-provided by�edther`an additional :dedication of a sidewalk easement if
necessary and widening of the sidewalk, or by the.relocation of-any
_bstructions=within the public sidewalk along the,frontage-of the subject
property.
EN.G 03. All cdahlag6d; destroyed, or modified pavement legends, traffic Control
devices, 5igrnng, strdping, -and street lights, associated` with the
proposed development shall be replaced :as required''by the .City-
Engineer prior to .issuance of a Certificate of Occupancy.
ENG 64. Construction signing, lighting and barricading shall be:provided during
'all phases of constructtoo as required by City.Standards or as directed.
by the City Engineer As.a minimum, all construction: signing, lighting
and barncadiing shall be:in accordance with Part 6-'-temporary Traffic
Control'' of the California Manual .on: Uniform Traffic Control Devices
cAMUT.M. dated November.7, 2014;.or subsequent editions m force:.
;at the:fime of construction _
ENG 65.. This property Is,siab�ect to the;Transporta#ion Uniform Mitigation:;Fee
which shall`:be paid.Onor to issuance_of building permit.
END OF CONDITIONS
l .
y4
i
Bond No. 0746737
CITY OF PALM SPRINGS
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Palm Springs, State of California, and
Enclave @ Baristo, LLC, a California Limited Liability Company (herein designated as
"Principal") have entered into an agreement whereby Principal agrees to install and
complete;certain designated public improvements, which said agreement, identified as
the Subdivision Improvement Agreement for Tract Map No. 37245, is hereby referred to
and made a part hereof; and
WHEREAS, Principal is required under the terms of said agreement to furnish a
bond for the faithful performance'of said agreement.
NOW, THEREFORE, we, the Principal and International Fidelity Insurance Company as
Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in
the penal sum of One Million Six Hundred Seventy Thousand Dollars ($1,670,000.00)
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators, jointly
and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
provisions in the said agreement and any alteration thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all .respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Palm Springs, its officers, agents and
employees, as therein stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The Surety, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed
thereunder .or the specifications accompanying the same shall in anywise affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
Performance Bond
Page 2
IN WITNESS WHEREOF, this instrument has.been duly executed by the Principal
and Surety above named, on July 30th , 2018.
SUBDIVIDER:
Enclave (a)- Baristo, LLC, a California Limited Liability Company
Check one: _Individual_Partnership_Corporation* X Company
*Note, for Corporations, two corporate officers must sign this document, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(For Corporations,' this document must For Corporations, this document must be .
be signed in the above. space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
re ;
SURETY
By.International Fidelity Insurance Company By.
(Surety Name) Aksel rat,Attorney-n-Fact
(All Signatures Shall Be Notarized)
STATE OF Arizona ) On this 30th day of July in the year 2018 ,
ss. before me, Magen Graves a
COUNTY OF MariCOpa ) Notary Public,State of Arizona ,duly commissioned and sworn,
personally appeared Aksel Firat personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to the within instrument, and acknowledged to me that
he/she/they executed the some 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.
WITNESS my hand a vial .
MAGEN GRAVES
NOTARY PUBLIC,ARIZONA (Seal)
MARICOPA COUNTY
Notary Public,State of Arizona a My Commission Expires
My commission expires 08/09/2021 August 09,2021
STATE OF ) On this day of in the year
ss. before me, a
COUNTY OF ) Notary Public,State of ,duly commissioned and swum,
personally appeared ,personally known to me(or proved to me an the
basis of satisfactory evidence) to be the person(s)whose name is/are subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their authorized capecity(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.
WITNESS my hand and official seal.
(Seal)
Notary Public,State of
My commission expires
STATE OF ) On this day of in the year
)ss. before me, a
COUNTY OF ) Notary Public,'State of duly commissioned and swam,
personally appeared ,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name 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.
WITNESS my hand and official seal.
(Seal)
Notary Public,State of
My commission expires
STATE OF ) On this day of in the year ,
ss. before me, a
COUNTY OF ) Notary Public,State of duly commissioned and swam,
personally appeared ,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name 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.
WITNESS my hand and official seal.
(Seal)
Notary Public,State of
My commission expires
Performance Bond
Page 3
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code. THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) International Fidelity Insurance Company
One Newark Center, 20th Floor
Newark, NJ 07102
(Name and Address of Agent or Aksel Firat
Representative for service of
process in California if 8283 N Hayden Road, Suite 258
different from above)
Scottsdale, AZ 85258
(Telephone Number of Surety and 973-624-7200
Agent or Representative for
service of process in California) 866-430-3322
(Name and Address of Principal) Enclave @ Baristo, LLC
901 E Tahquitz Canyon Wax, Suite A200
Palm Springs, CA 92262
(Telephone Number of Principal) 714-742-4952
Bond No. 0746737
CITY OF PALM SPRINGS
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Palm Springs, State of California, and
Enclave @ Baristo, LLC, a California Limited Liability Company (hereinafter designated
as "Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, identified as
the Subdivision Improvement Agreement for Tract Map No. 37245, is hereby referred to
and made a part hereof; and
WHEREAS, under the terms of said agreement, principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Palm Springs to-secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held
firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the aforesaid agreement
and referred to in the aforesaid Civil Code in the sum of Eight Hundred Thirty Five
Thousand Dollars ($835,000.00), for materials furnished or labor thereon of any kind, or
for amounts due under the Unemployment Insurance Act with respect to such work or
labor, that said surety will pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond, will pay, in
addition to the face amount thereof, costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,
to be awarded and fixed by the court, and to be taxed as costs and to be included.in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this bond, and it does hereby
waive notice of any such change, extension, alteration or addition.
Labor& Materials Bond
Page 2
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on July 30th , 2018.
SUBDIVIDER:
Enclave (aD- Baristo, LLC, a California Limited Liability Company
Check one: _Individual_Partnership_Corporation* XCompany
*Note, for Corporations, two corporate officers must sign this document, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
SURETY
By: International Fidelity Insurance Company By:
(Surety Name Attorney-in-Fact
:3
( y ) =arized)
y-
(All Signatures Shall Be
STATE OF Arizona ) On this 30th day of July in the year 2018 ,
ss. before me, Magen Graves a
COUNTY OF Maricopa ) Notary Public,State of Arizona ,duly commissioned and sworn,
personally appeared Aksel Firat ,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name 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.
WITNESS my hand and official seal.
MAGEN GRAVES
NOTARY PUBLIC,ARIZONA (Seal)
MARICOPA COUNTY
Notary Public,State of Arizona - My Commission Expires
My commission expires 08/09/2021 August 09,2021
STATE OF ) On this day of in the year ,
ss. before me, a
COUNTY OF ) Notary Public,State of duly commissioned and sworn,
personally appeared ,personally Imown tome(or proved to me on the.
basis of satisfactory evidence) to be the person(s)whose name is/are subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/herhbeir 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.
WITNESS my hand and official seal.
(Seal)
Notary Public,State of
My commission expires
STATE OF ) On this day of in the year
)ss. before me, a
COUNTY OF ) Notary Public,State of duly commissioned and sworn,
personally appeared ,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to the within instrument, and acknowledged to me that
helshe/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.
WITNESS my hand and official.seal.
(Seal)
Notary Public,State of
My commission expires
STATE OF ) On tills day of in the year ,
ss. before me, a
COUNTY OF ) Notary Public,State of, duly commissioned and sworn,
personally appeared personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name 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.
WITNESS my hand and official seal.
(Seal)
Notary Public,State of.
My commission expires
Labor& Materials Bond
Page 3
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code. THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) International Fidelity Insurance Company
One Newark Center, 20th Floor
Newark, NJ 07102
(Name and Address of Agent or . Aksel Firat
Representative for service of
process in California if 8283 N Hayden Road, Suite 258
different from above)
Scottsdale, AZ 85258
(Telephone Number of Surety and 973-624-7200
Agent or Representative for
service of process in California) 866-430-3322
(Name and Address of Principal) Enclave @ Baristo, LLC
901 E Tahquitz Canyon Way, Suite A200
Palm Springs, CA 92262
(Telephone Number of Principal) 714-742-4952
Bond No. 0746738
CITY OF PALM SPRINGS
BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS
FOR SETTING OF MONUMENTS
WHEREAS, the City Council of the City of Palm Springs, State of California, and
Enclave @ Baristo, LLC, a California Limited Liability Company hereinafter designated
as "Principal') have entered into an agreement whereby Principal agrees to set certain
survey monuments, which said agreement, identified as the Subdivision Improvement
Agreement for Tract Map No. 37245, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to
furnish a bond for the faithful performance of said Agreement and the payment of the
engineer or surveyor for the setting of said monuments.
NOW THEREFORE, we, the Principal, and International Fidelity Insurance Company , as
Surety, are held and firmly bound unto the City of Palm Springs (hereinafter called
"City"), and all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of the aforesaid Agreement with respect to the setting of
monuments, in the penal sum of five thousand dollars ($5,000.00), lawful money of the
United States, for materials furnished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, and for the
completion of said setting of monuments, that said surety will pay the same in an
-amount not exceeding the amount hereinabove set forth, for the payment of which sum
well and truly to be made, we bind ourselves, our. heirs,successors, executors and
administrators, jointly and severally, firmly by these presents:
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
The condition of this obligation is such that if the above bonded Principal, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
provisions in the said Agreement respecting. the setting of monuments and any
alteration thereof made as therein .provided, on his or their part to be kept and
performed at the time and in the manner therein specified, and in all respects according
to their true intent and meaning, and shall indemnify and save harmless the City of Palm
Springs, its officers, agents and employees, as therein stipulated, and shall have
provided to the City evidence that the engineer or surveyor, and all said contractors,
subcontractors, laborers, materialmen, and other persons employed,in the performance
of the aforesaid Agreement with respect to the setting of monuments, have been paid
for the setting of monuments, then this obligation becomes null and void; otherwise it
shall be and remain in full force and effect.
Monumentation Bond
Page 2
As'a part of the obligation secured. hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications.
(Signatures on Next Page)
Monumentation Bond
Page 3
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on July 30th , 2018.
SUBDIVIDER:
Enclave (@_ Baristo, LLC, a California Limited Liability Company
Check one: _Individual _Partnership_Corporation*XCompany
*Note, for Corporations, two corporate officers must sign this document, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
. cr.-rrr;
SURETY =
By: International Fidelity Insurance Company By: _
(Surety Name) Ak Firat,Attorney-in-Fact '
(All Signatures Shall Be Notarized)
STATE OF Arizona ) On this 30th day or JUIy in the year 2018 ,
ss. before me, Magen Graves a
COUNTY OF Maricopa } Notary Public,State of Arizona duly commissioned and sworn,
personally appeared Aksel Firat ,personally known to me(or proved to me an the
basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to file within instrument, and acknowledged to me that
he/she/they executed the some 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.
WITNESS my hand and official seal.
MAGEN GRAVES
NOTARY PUBLIC,ARIZONA (Seal)
MARICOPA COUNTY
Notary Public,State of Arizona - N My Commission Expires
My commission expires 08/09/2021 August 09,2021
STATE OF ) On this day of in the year
ss. before me, a
COUNTY OF ) Notary Public,State of ,duly commissioned and sworn,
personally appeared ,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name 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.
WITNESS my hand and official seal.
(Seal)
Notary Public,State of
My commission expires
STATE OF ) On this day of in the year
)ss. before me, a
COUNTY OF ) Notary Public,State of duly commissioned and sworn,
personally appeared ,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name 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.
WITNESS my hand and official seal.'
(Seal)
Notary Public,State of
My commission expires
STATE OF ) On this day of in the year ,
ss. before me, a
COUNTY OF ) Notary Public,State of duly commissioned and swain,
personally appeared ,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name 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.
WITNESS my hand and official seal.
(Seal)
Notary Public,State of
My commission expires
Monumentation Bond
Page 4
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code. THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) International Fidelity Insurance Company
One Newark Center, 20th Floor
Newark, NJ 07102
(Name and Address of Agent or Aksel Firat
Representative for service of
process in California if 8283 N Hayden Road, Suite 258
different from above)
Scottsdale, AZ 85258
(Telephone Number of Surety and 973-624-7200
Agent or Representative for
service of process in California) 866-430-3322
(Name and Address of Principal) Enclave @ Baristo, LLC
901 E Tahquitz Canyon Way, Suite A200
Palm Springs, CA 92262
(Telephone Number of Principal) 714-742-4952
... .......
OR
"OFAUT NEY .
POWER
14TElRNATIONA F105L1T`Y,1.N1---SU.RA N G E"CO' MPA 4.
ALLEGHENY CASUALTY COMPANY
`.'0.NE-NEWARkCENTER 20THFLQQR-:N.EVARK NEW JERS
EY 0...�02;5207..%_
KNOW ALL MEN BY THESE PRESENTS: `That;INTERNATIONAL* FIDELITY. INSURANCE'.COMPANY,a corporation organized.and existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY. COMPANY a corporation organized and existing under the laws of the State
New Jersey,having their principal office in the' City of Newark,New Jersey,do hereby constitute and appoint -
AARON.VVEST AKSELTIRAT, BUCK FORD:..:
Scottsdale,AZ.
their true and lawful attorne'y(s)-in-fact to execute,seal and deliver for and on its:behalf.alf as surety,any and all bonds and undertakings,contracts.of indemnity
and other writin s obligatory in the nature thereof, which are or may be allowed,'required or permitted by law,statute,rule,re
? Aulation,contract.or otherwise
and the bxecu ion of such instrument(s) in pursuance of these*presents,shall be as. binding upon the said INTERNATIONAL'FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY,-as fully and amply, to all,intents and purposes,as. if the same had been duly executed and
acknowledged by their regularly elected officers at their principal offices.
:.This Power.of Attorney is*executed,and, b revoked pursuant -Laws of INTERNATIONAL FIDELITY INSURANCE
e nt to.and by authority of'the the By
COMPANY and ALLEGHENY.CASUALTY COMPANY and i�granted under and by authority of the following resolution adopted by the.Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at @meeting duly held on the 20th.day of July,2010 and.by the Board of by.
of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on-the 15th day of August,2000:
RESOLVED,that (1)the President,Vice President, Chief Executive Officer'or'Secretary of the Corporation shall have the power to appoint, and to revoke
the Ppol a ntments of,Attorneys-in-Fact or agents with:power and authority as defined.or limited in their respective powers of attorney,'and to execute oh.behalf
of the
e Corporation and affix the Corporation's seal thereto;bonds,undertakings, -recognizances, contracts of indemnity and other written.obligations.in the
nature thereof or related -thereto; and (2),any such Officers:of the Corporation may appoint and revoke the appointments of joint-control custodians, agents
for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the:Corporation;and J3)the signature of any
such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given.or the execution of any
bond,undertaking,recognizance, contract of indemnity or other wriften obligation in the nature thereof or related thereto,such signature and seals when
so used whether heretofore or hereafter, ' being hereby adopted by the Corporation as the original signature.of such officer and the original seal.of.the
Corporation,to be valid.and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF INTERNATIONAL FIDELITY INSURANCE COMPANY
PANY and ALLEGHENY'CASUALTY:COMPANY have each'execute.executed'and
attested these presents on this 31st day of December,2015.,
a
STATE OF NEW JERSEY y rpSUqtTy
9 County of Essex C1,
SEAL _v,
. 1936 . :
19114
ROBERT W.MINSTER
::.:Chief Executive Officer(International Fidelity Hit;
JE
Insurance Company)and,President(Alleg ny
Casualty Company)
..0,n this 31st day of Decembbr 2015,before me came.the individual who executed :the preceding instrument,,to me personally known,aril,'-being by-ne'daly
sworn, said*he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY-C-ASCAiT):
r
COMPANY; that the seals.'affixed to said instrument are the Corporate*Seals of said Companies;that the said C6rpo'rate'Seals'ar.-,i hi:�-,ignature,4p e'�r.
duly affixed by order of the Boards of Directors of said Companies
o .
IN TESTIMONY.WHEREOF, I'have hereunto set my hard aft-No';J my OTIcial:Seal"
SL%LIS I IS at the.,.City of Newark,New Jersey the day and year first*96mie v,vitten.
�o -IVA Y C
5sio
0
CO PUBLIC
(P
A NOTARY PUBLIC OF NEW JERSEY
OP N E*5 My.Commission Expires April J 61 2019
:CERTIFICATION
I,'the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby c6i%that 1:havd
compared:the foregoing copy of the Power of,Attorney and affidavit,and.the copy of the Sections of.the.By-LaWs of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office..of's said companies, and that the same are correct transcripts thereof,-and of the whole
of the said originals,andthatthesaid Power:of Attorney has not been revoked,aind isnowinifLill-force and effect
IN TESTIMONY -WHEREOF have.,hefeuntb set mv:hand this.."
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Bond No. 0746737
CITY OF PALM SPRINGS
BOND FOR-MAINTENANCE AND WARRANTY OF IMPROVEMENTS
WHEREAS, the City Council of the City of Palm Springs, State of California, and
Enclave @ Baristo, LLC, a California Limited Liability Company (hereinafter designated
as "Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, identified as
the Subdivision Improvement Agreement"for Tract Map No. 37245,.is hereby referred to
and made a part hereof; and
WHEREAS, Principal is required under the terms of said Agreement to maintain
and guarantee the costs or repair and/or replacement of defective materials or defective
workmanship in such improvements, which guarantee shall remain in effect for a period
of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter
called "City'), and to furnish a bond for the faithful performance of said Agreement and
the payment of all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of any such maintenance and warranty work.
WHEREAS, Principal has completed said work and the City has accepted, or
substantially concurrently herewith is accepting, said work, subject to the requirement of
delivery of this obligation.
NOW THEREFORE, we, the Principal, and International Fidelity Insurance Company , as
Surety, are held and firmly bound unto the City, and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the aforesaid
Agreement, for one (1) year from and after the date of completion and acceptance of
said work, in the penal sum of Two Hundred Fifty Thousand Dollars ($250,000.00),
lawful.money of.the United States, for replacement and repair of any'and all defective
materials or defective.workmanship within said improvements, and the payment of all
materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor in connection with any
such maintenance or warranty, that said surety will pay the same in an amount not
exceeding the amount hereinabove set forth, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, successors, executors and administrators,
jointly and severally, firmly by these presents.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
The condition of this obligation is such that if the above bonded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and provisions
in the said Agreement respecting the repair and replacement of defective workmanship
and materials thereof made as therein provided, on his or their part to be kept and
Maintenance &Warranty Bond 1
Page 2
performed at the time and in the manner therein specified, and in all respects save
_harmless the City of Palm Springs, its officers, agents and employees, as therein
stipulated, then this obligation becomes null and void; otherwise it shall be and remain in
full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration' or addition to the terms of the Agreement or to the work-to be performed
thereunder or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications.
(Signatures on Next Page)
Maintenance &Warranty Bond
Page 3
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on July 30th , 2018.
SUBDIVIDER:
Enclave Cad Baristo, LLC, a California Limited Liability Company
Check one: _Individual_Partnership _Corporation* XCompany
*Note, for Corporations, two corporate officers must sign this document, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By:
Signature (notarized). Signature (notarized)
Name: Name:
Title: Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
SURETY
By: International Fidelity Insurance Company By:
(Surety Name) Aksel F t,Attorney-in-Fact
(All Signatures Shall Be Notarized)
STATE OF Arizona ) On this 30th day of July in the year 2018 ,
ss. before me, Magen Graves a
COUNTY OF MariCopa ) Notary Public,State of Arizona ,duly commissioned and sworn,
personally appeared Aksel Firat ,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name 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.
WITNESS my hand and o
MAGEN GRAVES
NOTARY.PUBLIC,ARIZONA (Seal)
MARICOPA COUNT
Notary Public,State of Arizona My Commission Expires
My commission expires 08/09/2021 ' + August 09,2021
.----__-- --_--._.__--------
STATE OF ) On this day of in the year ,
ss. before me, a
COUNTY OF ) Notary Public,State of ,duly commissioned and sworn,
personally appeared ,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name 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.
WITNESS my hand and official seal.
(Seal)
Notary Public,State of
My commission expires
STATE OF. ) On this day of in the year
)ss. before me, a
COUNTY OF ) Notary Public,State of duly commissioned and sworn,
personally appeared ,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name 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.
WITNESS my hand and official seal.
(Seal)
Notary Public,State of
My commission expires
STATE OF ) On this day of in the year ,
ss. before me, a
COUNTY OF ) Notary Public,State of duly commissioned and sworn,
personally appeared ,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name 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.
WITNESS my hand and official seal.
(Seal)
Notary Public,State of
My commission expires
Maintenance &Warranty Bond
Page 4
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code. THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) International Fidelity Insurance Company
One Newark Center, 20th Floor
Newark, NJ 07102
(Name and Address of Agent or Aksel Firat
Representative for service of
process in California if 8283 N Hayden Road, Suite 258
different from above)
Scottsdale, AZ 85258
(Telephone Number of Surety and 973-624-7200
Agent or Representative for
service of process in California) 866-430-3322
(Name and Address of Principal) Enclave @ Baristo, LLC
901 E Tahquitz Canyon Way, Suite A200
Palm Springs, CA 92262
(Telephone Number of Principal) 714-742-4952
wit
ALT
y ANY '
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a'corporation organized and existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
New Jersey,having their principal office in the City of Newark,New.Jersey,do hereby constitute and appoint
Scottsdale, AZ.
their true and lawful attorney(s�in-fact to execute,seal and deliver for and on its behair as surety, n anda bonds and undertakings,contracts of indemnity
andotherwritin s obligatory in the nature thereof, which are or maybe allowed,required or permiattey by la statutetrule,requiation,contract or othe
and the execuwon of such linstrument(s) inpursuance of these presents,shall be as binding n the said IN ERNA ONAL FIDELITY INSURZANC
COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all.intents and purposes,as if the same had been duly executed and
acknowledged by their regularly elected officers at their principal offices.
This Power of Attorm is executed,and ma
y be revoked, pursuant to and.by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEG ENY CASUALTY COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting du held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at 2 meeting duly held on the 15th day of August,�(Oft
"RESOLVED,that (1)the President,Vice President,Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke
the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf
of the Corporation and affix the Corporation's seal thereto,bonds,undertakings, recognizances, contracts of Indemnity and other written obligations in the
nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,.agents
for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and J3) the signature of any
such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given or the execution of any
bond,undertaking,recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto,such s nature and seals when
so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer anig the original seal of the
Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
'
IN ~ � INuEmv*/' /muu*AwcEcoM.PAN, and ALLEGHEmY CASUALTY COMPANY have each oxocu�d and
' atte
sted
STATE OF NEW JERSEY SUAZ
County of Essex
CIO
SEA L
Chief Executive Officer(International Fideliw
JE
Insurance Company)and President(Alleg eny
Casualty.Company)
On this 31st day of December 2016,before me came the individual who executed the preceding Instrument,tome personally known id;be'nq'by me diuOy'-
sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and AL EG!iEN'Y CASUALT'�-_
COMPANY; that the seals affixed to said Instrument are the Corporate.Seals.of said Companies;that the said Corporate Seals and his signatulr.�-were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand aiTN.d r'�i Official Seal,--
at the City of Newark,New Jersey the day and year tirst abovewri.1teil'
PUBLIC Ca
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires April 16,2019
to
1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby cerfify that I have
compared the foregoing copy of ihe Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in.said
Power of Attorney, with the originals on file in the home office of said companies, and that'the same are correct transcripts thereof,and of the whole
of the said originals,and that the said Power of Attorney has not been revoked and.is now in full force and effect.
W.
iv
* � a
.f,..v
i
i
2019-0335002
08/29/2019 10:27 AM Fee: $ 0.00
RECORDING REQUESTED BY: Page 1 of 44
CITY OF PALM SPRINGS Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
AND WHEN RECORDED MAIL TO: Ellm,`m�`i!�}��i6����'�4 'I II I
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263
Attn: Office of the City Clerk
SPACE ABOVE FOR RECORDER ONLY
Filing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
Enclave @ Baristo, LLC
and
The City of Palm Springs, .California
THISAREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
ORIGINAL BID
ANDIOR AGREEMENT
TABLE OF CONTENTS
1. Construction Obligations......................................................................................1
1.1 Works of Improvement...............................................................................1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval..............................................................................2
1.3 Intent of Plans ............................................................................................2
1.4 Survey Monuments ....................................................................................2
1.5 Performance of Work .................................................................................2
1.6 Changes in the Work..................:...............................................................2
1.7 Defective Work...........................................................................................3
1.8 No Warranty by City ...................................................................................3
1.9 Authority of the City Engineer.....................................................................3
1.10 Documents Available at the Site.................................................................3
1.11 Inspection...................................................................................................3
1.12 Compliance with Law .................................................................................4
1.13 Suspension of Work...................................................................................4
1.14 Final Acceptance of Works of Improvement...............................................4
2. Time for Performance ...........................................................................................4
2.1 Commencement and Completion Dates.....................................................4
2.2 Phasing Requirements...............................................................................5
2.3 Force Majeure ............................................................................................5
2.4 Continuous Work........................................................................................5
2.5 Reversion to Acreage.................................................................................5
2.6 Time of the Essence...................................................................................6
3. Labor.....................................................................................................................6
3.1 Labor Standards.........................................................................................6
3.2 Nondiscrimination.......................................................................................6
3.3 Licensed Contractors .................................................................................6
3.4 Workers' Compensation .............................................................................6
4. Security.................................................................................................................6
4.1 Required Security.......................................................................................6
4.2 Form of Security Instruments .....................................................................7
4.3 Subdivider's Liability...................................................................................8
4.4 Letters of Credit..........................................................................................8
4.5 Release of Security Instruments.................................................................9
1
5. Cost of Construction and Provision of Inspection
Service..................................................................................................................9
5.1 Subdivider Responsible for All Related Costs of
Construction ...............................................................................................9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services.........................................................................10
6. Acceptance of Offers of Dedication.....................................................................10,
7. Warranty of Work................................................................................................10
8. Default.................................................................................................................10
8.1 Remedies Not Exclusive...........................................................................10
8.2 City Right to Perform Work.......................................................................10
8.3 Attorney's Fees and Costs .......................................................................11
9. Indemnity ............................................................................................................11
10 General Provisions..............................................................................................11
10.1 Successors and Assigns ..........................................................................11
10.2 No Third Party Beneficiaries.....................................................................11
10.3 Entire Agreement; Waivers and Amendments..........................................11
11. Corporate Authority.............................................................................................11
2
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEM T AGREEMENT (this "Agreement") is
entered into this day of , 2018, by and between the
CITY OF PALM SPRINGS, a California cha r city ("CITY"), and Enclave @ Baristo,
LLC, a California Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 37245 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs:
Lots "A" through "D" inclusive, for public street, public utilities and sewer purposes.
An easement shown as "33' PSE"for public utilities with right of ingress and egress of
service and emergency vehicles, and personnel and for sewer purposes.
An easement shown as "5' PUE" and 10' PUE" for public utilities and sewer purposes.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
1. Construction Obligations.
1
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $ 1,670,000.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the-City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
2
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at,any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
3
direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to pet-forming further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
4
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon demonstration of good cause, subject to
review and approval by the City Council.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Subdivider
acknowledges City's right to withhold the issuance of further building permits on the
Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements
that are a condition to issuance of building permits have been satisfied. Such
requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the
Subdivider by the City, if, upon a determination by the City Engineer or his designee,
completion of specific Works of Improvements or other requirements associated with
the development of the Property have not been completed to his satisfaction.
2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency (including City), required changes to the scope of work required by City,
and similar causes; provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
5
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of.Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. In connection with its performance under this
Agreement, Subdivider shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital
status, ancestry, national origin (i.e., place of origin, immigration status, cultural or
linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender
expression, physical or mental disability, or medical condition (each a "prohibited
basis"). Subdivider shall ensure that applicants are employed, and that employees are
treated during their employment, without regard to any prohibited basis. As a condition
precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Subdivider certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Subdivider activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship; and further, that Subdivider is in full compliance with the provisions of
Palm Springs Municipal Code Section 7.09.040, including without limitation the
provision of benefits, relating to non-discrimination in city contracting. This provision
shall also apply to any contractors or subcontractors engaged in construction of the
Works of Improvement.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
6
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Security.
4.1 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 4 below
(hereinafter"Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$1,670,000.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
r
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $835,000.00 equal to 50% of the estimated construction cost
referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $5,000.00 equal to 100% of the
cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $250,500.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
7
(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
8
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
9
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City-Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
10
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
11
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authority.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
12
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
SIGNED IN COUNTERPART SIGNED IN CCUNTE t1 ART
By
Kathleen D. Hart, MMC, Interim City Clerk David H. Ready, City Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
SIGNED IN COUNTERPART
Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager/City Engineer
SUBDIVIDER:
Enclave (a) Baristo, LLC, a California Limited Liability Company
Check one: _Individual_Partnership_Corporation* VCompany
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By: :�: By:
Signatur notarized) Signature (notarized)
Name:/ �_ Name:
Title: Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of &U P'�(S- )
On ��l,1�1.P oZ�O . before me, H' C�(Elixe N)'14 b;-)S I y0"�(�[�/ (�C►�j I L
(insert name and title of the officer)
personally appeared -f�V C)VV (A(A P N D
who proved to me on the basis of satisfactory evidence to be the personl"hose name i are
subscribed to the within instrument and acknowledged to me th ie/shetthey executed the same in
/her/their authorized capacity, and that by is hertreir signature(s)-on the instrument the
personal, or the entity upon behalf of which the person(s)-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
FLORENCEWITNESS my hand and official seal. M JENi27
Coommmission#2139
ssio795
z eg v;l Notary Public-California n
Riverside County
My Comm.Expires Nov 6,2019�
Signature (Seal)
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CONTENTS APPROVED:
CITY PALM SPRIN, ,
By y
Anthony a, Ci Clerk David H. Ready, ager
Date: 7 19 Date: Z ,
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
BQ Date: !1 g Agreement No. a�
, City Attorney
11,"�5 e/'
Date: 'Z. I , Z I
SUBDIVIDER:
Enclave @ Baristo, LLC, a California Limited Liability Company
Check one: _Individual _Partnership_Corporation* X Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
SIGNED IN COUNTERPART " 1''= 1 IN COUNTERPARV
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
EXHIBIT "A"
TRACT MAP 37245 LEGAL DESCRIPTION
Tract Map No. 37245, as recorded in Map Book�f Pages through inclusive, records
of Riverside County, California.
EXHIBIT "B"
TENTATIVE TRACT MAP 37245 CONDITIONS OF APPROVAL
.... RESOLUTION NO. 24279
crtroFMM"Nos, .., oeaMt
E CIL OVAL
:. HIBITA OUN PR
:.
CITY C
DOCaae p a y 2yT✓v, p i+t
: . :
Tentative Tract Map 3724
t�1 `' ordtnanoe No.
Thirty Unit Condominium-Complex located at
Northwest Corner of Hermosa:Drive and Baristo Road
Enclave.at.Baristo
July
CONDITIONS-OF APPROVAL:
.Before final acceptance of the.prolect, all condittonsaisted:below shall be cotopleted to the
satisfaction of°the City .Engineer, the: Director of Planning, .Sery ces, the Direct6r. .of
Building and Safety; the.Chief.of Police, the Fire Cliief or their designee; dependirig:.on
wh-ich department recommended the condition.
: .
Any agreements, easernerits:or:coyenants required to be enteretl into shall be i6.a:form
a roved b the C Attorne
ADMINISTRATIVE,CONDITIONS
.. .
ADM 1. Proiect Description: This :approval' is' for the.:projectdescribed. .per Case
:.:. 3.4. 007 MAJ; 1.15>19 AMM; and TTM 37245; :.
ADM'2.. Reference .Documents. The site shall be, developed-:'and maintained: in
accdWance:with the approved plans, date sfarnped May 17Y 2017, and July-
1p,:2t}17, ncludingsit%e plans, architectural elevations, exteriormaterials and
colors landscaping,and:-grading,.on file'in the Planning 13ivision:
ADM 3: Conform -to:all Codes and_:'R ulations The 'project shall conform to the
conditions contained .herein, all applicable regulations of ttie :Palm Springs
Zoning Ordinance,. Municipal Code, and any other City. County; State and
Federal:Codes ordinances,:resolutions and.laws that may apply:
ADM 4. . Minor..Deviations The Director of Planning or designee may approve minor
devatcons':to the project:description and approved plans in actor ante_with
the provisions df the Palm So in gs.. oning Code
ADM 5. :Arid 1fication.- T.h' owner..shall defend, indemnify and hold fiarmless the
Gity`4of Palm :Springs, its agents,, officers, and: employees from -any claim,
action,.or proceedin again st the ,City:of Palm:Springs orl s agents, officers
g
or. employees to attach, set aside, void or annul; an approval.of the. City of
Planning Commission,Resolurbin No. July 1.9,2017
Case Nos.37245 TTM;&3.4007 MAJ
Palm Springs, ;;its .legislative:_body, advisory agencies, or .administrative
officers concerning Case 3.4007. MAJ; 7"151'9 AMM; and TT 37245, 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 spay 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 falls to .promptly notify the-applicant of
any."such claim, action or proceeding or fails to,:cooperote. fully in the defense,
the applicant shall not, thereafter, be responsible to defend, indemnify,<or hold
harmless the City of'I?,alrr Springs Notwithstanding the fioregoing; the City
retains the right 'to settle_:or abandon the matter. without the applicant's
consent bu# should it,do so; the City shall waive tl%e indemnfication'herein,
except, the City's decision ao settle:.or abandon a matter following an adverse
judgment or,failure to-appeal, shall not:cause a waiver of the mdemnificafion
rights herein
ADM 6. Maintenance and Repair:. The: property owner(s) and successors and =
assignees In interest shall maintain and repair the'`improvements including
and 'without limitation: all ,structures, sidewalks, bikeways, parking.,'areas,
landscape,:Irrigation,`iighfing, signs, walls, and fences between ahe curb and
property line, including sidewalk oc bikeway easemen# areas tha#extend onto
private property,;in a first class conditioni, free from waste:and debris, and in
accordance with all applicable lavrw, rules, ordinances and regulations of all
federal, 'state; and, ;local bodies .and "agencies' having `jurisdiction _at the
property owners sole expense:.. This condition 1. shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 7. , Time Limit on Aggrovah Approval of_the Motor-:Architectural Application.
MA;1 shall be valid fora erlod:of two ;2 ears from the effective date of the
( ) p Oy .
approval 'Extensions of time may be granted by the Planrnng_Corrimission
upon demonstratlon of goo... cause: _
ADM 8,. RUM to Aogeal: Decisions-af an administrative officer or agency of the City
of Palm :Springs may be appealed in 4accordance with Municlpal Code
Chapter 2:05;OQ. -Permits-will: not be issued until the.appeal period has
concluded.
ADM 9. Public.Art'Fees. This project shall be_subject."to Chapters 2 24, and 3.37 of
the Municipal Gode .regarding public art The project ,shall either provide
public art.or payment,bf an in lieu,fee. In the case of the In lieu fee, the fee.
shall be based,.upon'the total but ding,permit valuation as calculated pursuant
to'the valuation, table`:in.the Uniform Building Code, the fee .being.1l2% for
Planning Commission Resdulion'No.- July l.9,2017
Case Nos:37245 TTM;&'3.4007 MAJ
commercial projects or 114% for residential projects with first$100,000 of total
building permit valuation for individual-single=family units'exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the,property owner shall enter into a recorded.agreement to
maintain the artwork and protect the public rights of access and viewing.
ADM 10. -Park Development Fees. The developer shall,,dedicate land or pay.a fee.;n
lieu `of a:dedication, at the option .of. the City. The in-lieu fee--shall be_
compufed pursuant to Ordinance,No 1632; Section .IV; by multiplying the
area.of park to .be dedicated by the fair market .value,.of the land: being
developed..plus the cost to:acquire and improve the property.plus -the fair
shave contribution, less any:;credit:given,bythe City, as may b'e reasonably
determined by the City based upon the fomnu.la containetl to Ordinance No .
i Jin accordance tith the Ordinance,.the foliowing areas,or features shall
not be eligible >for private park credit: golf courses, yards, court.' areas;
setbacks;'development edges, . slopes rn hillside areas {unless the area
includes a public trail) landscaped development entries, meandering;
streams,'land held as open-space wiidlife'habitat; flood r -tention:facilities
and circulation improvements such as bicycle, hiking and equestrian trails
{unless such systems are,directly-linked to the City's:community=wideaystem
and shown:on ttie City's master plan)
ADM 11. Comply.with City. Noise Ordinance.,, This-use shall comply with the provisions
of Section' 11 -4 Noise Ordinance of the Palm Springs Municipal Code:
Violations,may result in revocation.of this.Conditional Use Permit.
ADM 12." CC&R's The applicant prior to issuance of building permits shall submit;.a
draft`declaratioh�of covenants, conditions and restrictions. { CC&R'O to the:
Director 'of Planning for approval in' a -format to be approved' by the City
Attorney. These CC&R's may be enforceable by 146 City;_.shall not be
amended without City approval, and shall require maintenance of.all property
in a good conditionand in accordance with all ordinances'
ADM 13. CC&R's. Prior to recordation of a final,Tentative Tract- or issuance of'-
builolo permits; the'applicant shall submit a ,draft-declaration of :covenants,
conditions and restrictions ("CC&R's") to the Director of Planning.for approval
in a format to be approved by the.City Attorney.. The draft C.
package
$.hall include:
a. The document to convey title
3
Planning Commission Resolution No. July 19,2017
Case Nos.37245 TTM;&3.4007 MAJ
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to
be recorded.
c. Provisions for joint access to the proposed parcels, and any open space
restrictions.
.d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor-in-interest.
Approved CC&R's are to be recorded following approval of the final map.
The CC&R's may be enforceable by the City, shall not be'amended without
City approval, and shall require maintenance of all property in a good
condition and in accordance with all ordinances,
ADM 14. CC&R's Deposits .& Fees. The applicant shall submit to the City of Palm
Springs, a deposit in the amount of $3,500, for the review of the CC&R's by
the City Attorney. A $675 filing fee shall also be paid to the City Planning
Department for administrative review purposes.
ADM 15. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement
regarding the location of the project relative to roadway noise, City special
events, roadway closures for special events and other activities which may
occur.in the Central Business District, Desert Museum and Desert Fashion
Plaza. Said disclosure shall inform perspective buyers about traffic, noise and
other activities which may occur in this area.
ADM 16. Notice to Tenants. The applicant shall provide all tenants with a copy of the
- Conditions of Approval for this project.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
_ Local Development Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. California Fish & Game Fees Reguired. The project is required to pay a fish
and game impact.fee as, defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
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Planning Commission,Resolution No. July 19,2017
Case Nos.3724517M;&3.4007 MAJ
Planning, Commission or City, Council determination). This fee shall be
submitted by the City:to the County Clerk with the Notice'of Determination.
Action on this application shalt not;be final until such fee.is.paid. :The project
may.; be eligible' for exemption or refund• .of this "fee .by the. California
Department`of:Fish. &.Game. Applicants may .apply for a refund by.the CFG
at.wwwdfa.ca.aov for more information.
ENV 3. Cultural..Resource-SurveV Reauired. Prior to, any ground:.disturbing activity,
including'.. clearing and grubbing, lnstaliation of utilities,' and/or any
construction related.excavation, an Archaeolog st qualified ;according to the
Secretary of the Interior's:Standards and Guidelines, shall be employed. to
survey the area for the presence ;of cultural resources identif,able on the
ground surface:
ENV 4. Cultural Resource Site:Monitoring: There is possibility of buried cultural or
Native American tribal resources;on the:=site, A Native Arner ican,Monrtor.chall
be -present during all ,ground disturbing ac ivi#ies (check.for duplication -in
en gineering.conditions}
a) A Native Amerlcann Monitor(s) shall be present during all .ground
disturbing activities;'inciuding clearing and grubbing, excavation, burial of,
utilities,planting of:rooted plants, etc: Contact the Agua Caliente Band of
Cahuilla Indian Cultural_office: for 'add Mona[information o'n. the.use and
availabilityof Cultural Resource Monitors . Should buried cultural deposits
=-be:-encountered, the Monitor shall contaet:;the Director of Pla,nnmg After
consultation :the Director shall.` have the authority..:to halt- destructive.
construction and. .,shall- notify a Quail Archaeologist to 'further
investigate :the site If nece"ssary, the Quahfed Archaeologist shall
prepare a treatment plan for submission to the Sta#e Historic Preservation
Officer and Agua Caliente Cultural Resource Coordinator for approval.
o).. . Two: copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search.results and_site records/updates shall be. forwarded to the Tribal
Planning, Ruilding, and Engineering Department and_ .one.copy to the City
Planning Department prior to final inspection:
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Planning CommissionResoiutim No. July 19,2011
Case Nos.372457TM?&3.4007'MAJ
AQUA CALIENTE BAND OF CAHUILLA INDIANS CONDITIONS
AQA 1. Prior to issuance of any gradingy.perrnit, the.applicant shall 'pay the Valley
Floor Planning Area fee to the Tribe.:as requires by the THCR
AQA 2.' Priore to any ground orl habitat disturbance..associated With any Covered
Project on the Reservation on a site which provides potential.burrow,.. owl
habitat, the Covered:Project.Proponent`shall cause a pre-construction survey
of th'e.site to.be conducted for presence of the species.
=a Su rveys and relocation, if applicable,-;shall :be conducted.-in
accordancewith,the Califorrna Department of Fish and Wildlife (CDFG)..
Staff Report on .Burrowing Ow 'Mitigation (1995} or,:other-'then-current
protocolsas directed by the Tribe.
b. Owls should,be excluded fromburrows in"the Department Envelope.
and within .an appropriate buffer zone by installing: one-way doors in
burrow' entrances' or .other technique - deemed appropriate The
biological monitor must ensure.through appropriate means ;(e g , monitor
for owl'use,..``excavating:burrows) that the`nburros to be impacted are not"
being used. The Tribe shall deterrrtmes;.whether':creatons of artificial
burrows is necessary as part of the relocation effort
.c Occupied burrows shall;not be disturbed:during;the.nesting season.
unless=.a quaGfed biologlst;venfes through non invasive, methods ythat
either; (a) the birds have not begun egg lying and incubation, or (b) that
juveniles from the occupied ":burrows are foraging independently and;.
capable of lndependent survival: r
AQA;3. A cultural resources inventory shall be;conducted; of the Project Site by._a
qualifed archaeologist prior>to anyground disturbing activities:
AQA* The.presence of an approved Native Amencari Cultural Resource Monitors)
shall be ` present :.during T,any ground disturbing activities (Including
archaeological _Resting and °'surveys). Please contact:the Tribal Historic
Preservation Office .:at 760-699-6800 #or details. .: Should buried cultural
deposits 6e encountered, the Morntoc may: request th°at the destructive.
construction halt and -the Monitor, shall notify a' Qualified Archaeologist
(Secretary: of the Interiors 'Standards and Guidelinesj to investigate -and. if
necessary, prepare a, mitigation plan for submission:to. the State Historic
Preservation Officer and the:Aqua..Caliente Tribal Historic Preservation"Office.
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Planning Commission Resolution No. July 19,2017
Case Nos.37245 TTM;&3.4007 MAJ
PLANNING DEPARTMENT CONDITIONS
PLN 1. Add a sidewalk on the west side of the internal Street"A".
PLN 2. Reduce building height to 24'-4" feet.
PLN 3. Enhance north building elevations facing Arenas Road.
PLN 4. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
applicant shall submit a landscape and irrigation plan to the Director of
Planning for review and approval prior to the issuance of a building permit.
Landscape plans shall be wet stamped and approved by the Riverside
County Agricultural Commissioner's Office prior to submittal. Prior to
submittal to the City, landscape plans shall also be certified by the local water
agency that they are in conformance-with the water agency's and the State's
Water Efficient Landscape Ordinances.
PLN 5. Sign Applications Required. No signs are approved by #his action. Separate
approval and. permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign program to
the Department of Planning Services prior.to the-issuance of building permits.
PLN 6. Notice to future buyers on views. All prospective buyers of. units shall be
notified that there are no written or implied rights to the preservation of scenic
views from the parcel.
PLN 7. Prior to recordation.of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department -
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
c. The approved documents shall be recorded at the same time that.the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they
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Planning.ComWssiion Resolution No_: July 19,2017
Case Nos.37245 TTM,,&3:4007 MAJ
may not ,be• terminated or substantially amended without the consent of
the City,and the developer's successor-in-interest.
PLN 8. Pools/S,pas water edge to be permitted-within three(3)feet.of property'lines.
PLANNING:COMMISSION IMPOSED CONDITIONS
PLN :9: Add..appropnatestreet furniture (bench seating) located in landscaped area
adia.cent to Arenas Road:
PLN 10. Trees planted adjacent to streets to provide shading of sidewalks. .
PLN 11. CC&R's to restrict short term rentai•to no.less than thirty-(30)days.
-PLN 12 .. Resldential buildings to be wired for solar installations providing'a minimum' of
2 kilowatts:
POLICE DEPARTM EN T COND IT 10N S
POL 1. Developer steal! comply with Section II of Chapter 8.04 .°Building Security
Codes' of the Palm Springs Municipal Code.
BtJILQING DEPARTMENT CONDITIONS
BLD,1. Prlor to'any constnaction on-site, all appropriate permits must be'secured.
FIRE DEPARTMENT CONDITIONS
FID 1. Fire„ Department conditions .. may not provide all requir..ernents.
Owner/developer is responsible for all applicable state and locally adopted fire
codes Detailed plans=are s#ill required for review Conditions are subject to
final an.check and.: revlew. Initial Fire Department 'conditions have been
determined from the plans receivedr January 18, : 2017. Additional
requirements maybe required at that time based on revisions to""site plans .
FID 2. Fire Department Conditlons'were based on the 2- Callfornra:Frre Code as
adopted by City.of Palm Springs; Palm' Springs Murncipal Code and latest
adopted :NFPA Standards Three (3) complete sets of plans for private fire
service mains, fire alarm, or f re sprinkler systems:must be.submitted at time
of the building plan submittal. No deferred submittals accepted. -
Planning Commission Resolution No. July 19,2017
Case Nos.37245 TfM;8 3.4667 MAJ
FID 3. PLANS AND'PERMITS
Complete.plans for private fire service mains or fire sprinkler systems should
be submitted for approval well,in advance of installation. Plan reviews can
take up to 20 working.days. Submit a minimum of four(4)sets of drawings'for
review. Upon approval;the Fire Prevention Bureauwill retain one set.
Plans shall be submitted to:.
City of Palm Springs;
Building and.Safety Department
.$200.E. Tahquitz Canyon Way
Palm Springs; CA 02262
Counter Hours:8:00 AM®600 PM., Monday,:_Thursday
A deposit-for Plan Check and Inspection Fees Is required at the tine•of Plan
Submittal: lrispeetion':fees are charged,_at the fully burdened hourly rate of the
fire inspector. These fees,are established by Resolution of the Palm'Springs
City Council.
Complete listings and°:manufacturer's -technical data sheets: for all system
materials:shall be included with.plan submittals. All system materials shall be
UL listed or FM'approved for ire protection service and approved by the Fire
Prevention.Bureau prior to;installation.
Plans shall_in icate all!necessary,englneering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the
appropriate codes and standards Plans and,supportive data (calculations and
manufacturer's `techrncal data sheets)- shall a' submitted with each plan
submittal: .Complete and accurate+legends for;all symbols 'arid abbreviations
shall be provided on-the plans.
FID.4. Conditions.of Aporooal "Conditions of Approval" received from-the Palm.
Springs Planning Department most be submitted with each plan set. . Failure
to submit.will result in a delay of plan approval.
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Planning Commission Resolution No. July 19,2017
Case Nos.37245 TTM;&3.4007 MAJ
FID 5. Surface (CFC 503.2.3): 24 foot minimum fire apparatus access roads shall be
designed and maintained to support the imposed loads of fire apparatus
(73,000 lbs. GVW)and shall be surfaced so as to provide all-weather driving
capabilities.
• Fire Lanes—signage and/or curb markings required
Project Note: "Street A" —parking on one side only. Show parking spaces on
site map
FID 6. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access
roads shall be provided for every facility, building or portion of a building
hereafter constructed or moved into or within the jurisdiction. The fire
apparatus access road shall comply with the requirements of this section and
shall extend to within 150 feet of all portions of the facility and all portions of
the exterior walls of the first story of the building as measured by an approved
route around the exterior of the building or facility.
FID 7. Turning Radius (CFC 503.2.4): Fire access road turns and corners shall be
designed with a minimum inner radius of 25 feet and an outer radius of 43
feet. Radius must be concentric.
FID 8. NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform system
design and installation. System to be designed and installed in accordance
with NFPA standard 13D, 2013 Edition, as modified by local ordinance.
Shall comply with Palm Springs Fire Code Appendix L.
FID 9 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be
prohibited unless approved by the fire code official.
FID 10 Operational Fire Hydrant(s) (CFC 507.1, 507.5 & C105.1): An approved
water supply capable of supplying the required fire flow for fire protection shall
be provided.
Maximum distance from any point on street frontage to a public hydrant—250.
Operational fire hydrant(s) shall be installed within 250 feet of all combustible
construction and shall be serviceable prior to and during construction.
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Planning Corrimisslon Resolution'No. July 10,2017
Case Nos.37245 TTM;&3.4007 MAJ
FID 11 Residential Smoke . and Carbon Monoxide Alarms _Installation .(CFC -
90?211 213/4;` CRC R3'!4.& R3'15; and California Health & Safety Code
'l7926) Provide:arid'install,Residential Smoke and Carbon`Monoxide Alarms.
Alarms shall receive their ptimary.power frorr .the building wiring, and shall be
equipped with a-;bat1.tery backup lq new construction, alterations;.,repairs and
additions,'smoke and carbon monoxide alarms shali.be interconnected The
operation.of any smoke alarm will cause all smoke alarms within the dwelling
to sound: The operation of any carbon monoxide alarm will' cause all:.carbon
monoxide alarms within the,dwelling_to sound:
ENGINEERING.DEPARTMENT CONDITIONS:
The Engineering Division_ . recommends .chat if this, application ,'is approved, such
approval`is subject to tfie,following conditlons�being_completed in Compliance tiith City .
standards and.prdlhances
Before final acceptance of the project, all conditions listed :below shall,be completed.to
the s6tisf6 166.0f the.City'Engineer,
STREETS .
ENG 1. Any mprovemefits within the public,right-of way require a .:City of Palm
Springs: Encroachment Permit.'All improvements are::subject to inspection
and a 24 to 48 hour,inspection notification is required:
.ENG 2.. .Submitstreet'improvement plans prepared by a registered California civil
engineer to the Engineering Services Department_ The pll.on(s) shall b:e
approved by the City Engineer prior to issuance of any;building permits:
ENG 3. Master planned roadways-;,shall be: improved ao _the Final. Section..14
Master Development Plan/Specrfic Plan tlesign standards on and adtacent
to the site, as;°generally identifietl herein, onto alternative tlesign standards
proposed by the applicant and approved by the City.
ENG.4. When public dedications of easements.or rights of way over Tribal Allottee
land are required,11i applicant shall. be responsible for compliance with
all Bureau of Indian Affairs (B:L.A ) requirements,:including payment of arty
BIA fees, obtaining:.appraisals and;.paymerit of just compensation.to the
underlying owner. It is, the applicant's responsibility to determine what
additional costs or.,other requirements may be;necessary to obtain any
requited piablie:dedications asidentified by theCity for this development.
Required p°ullic dedications for easements or.rights=of-v+ray are "without
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Planning Commission Resolutign No. July 19,2017
Case No 37245 TTM;&3.4001,MAJ
limitation as,to tenure"; easements granted with a defined term, or made in
-With with an underlying.;Indian-Land.Lease,,hall not-be accepted.
ENG 5. Upon completion of.required improvements by the applicant, and as a
condition.' of acceptance by the Clty Engineer; the applicant.shall prepare
for the City Engineer's approval, an Affidavit of Corn )16tiori-in accordance
with Section-169..16; Title'25; :of thi'd6de of:Federal Regulations, for any
improvements constructed by.the applicant-for which_an easement was
dedicated to the City through'the Bureau of Indian Affairs. The Affldavlt`of
Completion shall be provided to and approved-by the City Engineer prior.' .
fo final acceptance:af the project,:includirig issuance of a final..certlfcate of.
occupancy The. applicant shall be: responsible. for obtaining the,
necessary form for the 1:Affidavit of Completion.from the Palm Springs
1.Agency of t} a.Bureau of Indian Affairs, and for. having it completed ;as '.
necessary by-:the'applicant's Engineer of Record.
HERMOSA DRIVE.. , -
ENG 6. Construct 10'feet wide'dnveway approaches}.in accordance with City,of
Palm-Springs Standard'Drawing No:_201:
ENG 7. In accordance with the Final Sed ip.. 94 Master Development
�Planl3pecrfic Plan (dated:November 2004), the appiicanf shall plant_shade .
trees fn a formal pattern.,along,the Hermosa:Drive,frontage,:as approved
by the Director of Parks and Recreation The .applicant shall be.
responsible for the perpetual maintenance of the new trees and other
parkway landscaping along the the Drive frontage, The specific
aa.ntlscapingimprovemenfs describedAn,this condition maybe modfed by.
he applicant; in consultation with the: City; provided that the:antent of the
Section'14 Specific Plan'gwdeline is`maintained.
ENG 8. All broken or off grade street impcovernerits- along the project frontage
shall be repaired orreplaced.
BARISTO.ROAD
ENO 9, Construct 66 inch curb gutter, 32 feet north of.centerline-along the
entire.frontage, with a 25 feet radius curb return; cross=gutter.".and spandrel
on each side of the'intersection of;Baristo Roatl and Private Sheet .in
accordance:with City of Palm Springs Standard Drawing No. 200 and 206.
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Planning Commission Resolution No. July 19,2017
Case Nos.37245 TTM;&3.4007 MAJ
ENG 10. Construct an 8 feet .wide sidewalk behind the curb along the entire
frontage in accordance:with City of Palm"Springs Standard. Drawing No.
210.
ENG 11. Construct Type A .- curb ramps rheeti.ng current California. State
Accessibility standards at the iritersection of taristo. Road and Private
Street.in accordance with City of Palm Springs Standard Drawing No 212.
ENG 12. COnstruct,pavement with'a. ,minimum pavement section of 5,inches asphalt
concrete pavement over 4.inches crushed miscellaneous base with a
minimum subgrade of 24 ruches at 95%- relative compaction, or, equal,
from edge of proposed gutter to clean,sawcut edge of-pavement along the
entire fron#age in accordance with City of Palm.Sprngs Standard Drawing
No 110 {Additional pa�ernent.removal and replacemen# may be required,
upon review of existing` pavement cross sections, and to ensure:.grade
breaks,.of the pavement cross=section do not occur within a travel lane ) 1f
an alternative pavement section is proposed, the proposed pavement
section:.. shall be` designed by a .:.California registered Geotechnical
Engineer using "R"_.values`from the proles#`site and submitted to the City
Engineer for approval:
ENG 13. :In .accordance with . the Final :Section 14 .-Masten Development
Plan/Specific Plan'(dated November 2004), the applicant shall plant shade
trees in a.formal pattern along tha Baristo;Road frontage;as approved iy
the City Engineer:'-The -applicant s all"..be,,responsible for the perpetual
maintenance of the new,trees and other parkway•landscaping along tte
Baristo�,Road frontage The speciilc landscaping .improvements described
in.this condition may be modifietl by the applicant, rn consultation with=the
City, pr::ovided thatttie intent of the;:Sectian 14 Specific. Plan guideline.is
maintained.
ENG 14. Design an install:an electrical.sy".stem for installation of Hermosa Drive
decorative light fixtures,(u feet to_"15 feet #all) consistent.with the existing
decorative lighting system along Tahquitz Canyon Wray, :including banner
supports and overhead;pedestrian level lighting on the s[dewalk., The
applicant shall furnish and install the decora ive light fxtures, lun inarres.
andt supporting electncal:system The electrical system shall be operated
by a separate electric meter, unless an existing-meter.is available for use
by the new I" hting system, as ap°°proved. by the City Engineer. The
ighting system shall ,tie installed and operational, and .accepted. for
L
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Planning Commission Resolution No. July 19,2017
Case Nos.37245 TTM;&3,4007 MAJ
operation and maintenance by the City, prior to issuance of a Certificate of
Occupancy, unless otherwise allowed by the City Engineer.
ENG 15. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
ARENAS ROAD
ENG 16. Construct a 6 inch curb and gutter, 32 feet south of centerline along the
entire frontage; with a 25 feet radius curb return, cross-gutter and spandrel
on each side-of the intersection of Arenas Road and Private Street in
accordance with City of Palm Springs Standard Drawing No. 200 and 206. .
ENG 17. Construct an 8 feet wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs- Standard Drawing No.
210.
ENG 18. Construct Type , A curb ramps meeting current California State
Accessibility standards at the intersection of Arenas Road and Private
Street in accordance with City of Palm Springs Standard-Drawing No.212.
ENG 19. Construct pavement with a minimum pavement section of 5 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal,
from edge of proposed gutter to clean sawcut edge of pavement along the
entire frontage in-accordance with City of Palm.Springs Standard Drawing
No. 110. (Additional pavement removal and replacement may be required
upon review of existing pavement cross-sections, and to ensure grade
breaks of the pavement cross-section do not occur within a travel lane.) If
an alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered GeotechnicaI
Engineer using "R." values from the project site and submitted to the City
Engineer for approval.
ENG 20. All broken or off grade street improvements along the project frontage
shall be repaired or replaced
ON-SITE
ENG 21. The minimum pavement section for all on-site pavement for private streets
shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed
miscellaneous base with a minimum subgrade of 24 inches at 95%
14.
relative compaction, or equal. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a
California registered Geotechnical Engineer using "R" values from the
project site and submitted to the City Engineer for approval.
ENG 22. All on-site private streets shall be two-way with a minimum 32 feet wide
travelway (as measured from face of curb) where on-street parallel
parking is proposed on one-side of the street.
ENG 23. On-site private streets shall be constructed with curbs, gutters, and cross-
gutters, as necessary to accept and convey street surface drainage of the
on-site streets to the on'-site drainage system, in accordance with
applicable City standards.
SANITARY SEWER
ENG 24. All sanitary facilities shall be connected to the public sewer system (via the
proposed on-site private sewer system). New laterals. shall not be
connected at manholes.
ENG 25. All on-site sewer systems shall be privately maintained by a Home
Owners Association. (HOA). Provisions for maintenance of the on-site
sewer system.acceptable to the City Engineer shall be included. in the
Covenants, Conditions and Restrictions (CC&R's) required for this project.
ENG 26. If an on-site private sewer system is proposed to collect sewage from the
development and connect to the existing public sewer system, sewer
plans shall be submitted to the Engineering Services Department .for
review and approval. Private on-site sewer mains for residential projects
shall conform to City sewer design standards, including construction of 8
inch V.C.P. sewer main and standard sewer manholes. Sewer manhole
covers shall be identified as "Private Sewer". A profile view of the on-site
private sewer mains is not necessary if sufficient invert information is
provided in the plan view, including elevations with conflicting utility lines.
Plans for sewers other than the private on-site sewer mains, i.e. building
sewers and laterals from the buildings to the on-site private sewer mains,
are subject to separate review and approval by the Building Division.
ENG 27. The project is subject to the Section 14 Sewer Impact. Fee. The sewer
impact fee at the present time is $696.00 per acre.The fee shall be paid
prior to, or concurrently with issuance of building permits.
GRADING
15
ENG 28. Submit a Precise Grading Plan prepared by a California registered Civil
engineer to the Engineering Services Department for review and approval.
The Precise Grading Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Services Department
for review and approval. The applicant and/or its grading contractor shall
be required to comply with Chapter 8.50 of the City of Palm Springs
Municipal Code, and shall be required to utilize one or more "Coachella
Valley. Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source such
that the applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Services Department with
current and valid Certificate(s) of Completion from AQMD for staff that has
completed the required training. For information on attending a Fugitive
Dust Control Class and information on the. Coachella Valley Fugitive Dust
Control Handbook and related "PM10" Dust Control issues, please contact
AQMD at (909) 396-3752, or at http://wwW.AQMD.gov. A Fugitive Dust
Control Plan, in conformance with the Coachella Valley Fugitive Dust
Control Handbook, shall be submitted to and approved by the Engineering
Services Department prior to approval of the Grading plan. .
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions. of
Approval; a copy of a final approved conformed copy of the Site Plan; a
copy of current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report; a copy of the project-specific Final
Water Quality Management Plan.
ENG 29. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the
applicant shall obtain written approval to proceed with construction from
the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation
Officer or Tribal Archaeologist ( a copy of the written approval must be
provided to the City) . The applicant shall contact the Tribal Historic
Preservation Officer or the Tribal Archaeologist at ACBCI-
THPOCcD-aguacaliente.net to determine their requirements, if any,
associated with grading or other construction. The applicant is advised to
contact the Tribal ,Historic Preservation Officer or Tribal Archaeologist as
early as possible. if required, it is the responsibility of the applicant to
coordinate scheduling of Tribal monitors during grading or other
16
construction;_and to arrange payment of any required fees associated with
Tribal monitoring.
ENO 30. In accordance with an approved ,PIVI-90,.Dust:Control Plan, temporary:dust
control perimeter fencing.:shall be installed. Fencing shall have screening
that�is tan in color; green screening will not 6e allowed_. Temporary Oust
controI perimeter fencing shall be :installed after issuance. of Grading
Permit, and4mmediately poor to commencement of grading.operations.
ENG'31. Temporary dust control perimeter fence screening shall be_appropriately
maintained; as,required by the City Engineer Cuts (vents.) made:into the
perimeter fence screening shall not be allowed.' Perimeter fencing shall
be adequately anchored into.thi ground#o'resist wind loading::
ENG 32. Within 10 days of ceasing all construction activity and when_.construction.
acttVittes are not.scheduled to occurfor at least 30°.days, the disturbed
areas on site shall. be permanently tabilized, in accordance with;. Palm
Springs Municipal Code `-Section 8 50 022 Following atabilizatio i of all
disturbed areas, perimeter fencing shall be removed;'as required by the
City Engineer: _
ENG_33. Prior:to issuance of;grzq. permit, the applicant shall provide verification'
to.-the City th'fti 0 Tribal,Habitat Conservation;Plan (THCP};fee has been
paid:#o-the;Agua Cal>tente Band'.of Cahuilla Indians in accordance with:tl e'
THCP.
ENG'k A Notice of Intent(NOI)to comply with the Caiifornia:General:Construction
Stormwater::.Permit (UUater Quality :Order ;2006- 9=DWQ "as modified.
September 2, 2009) is required for ahe proposed development via the
California Regional Water Quality Control Board=online`'SMARTS system.
copy of the executed :letter issuing a Waste_�Dtscl a6e .:lderitification:'
(UNDID) number shall be provided to the City Engineer prior to issuance:.of
a--grading or building permit
ENG 35. This project -requires preparation and implementation of a stom water
pollution prevention plan (SWPPP.). As of September 4, 2012, all
SWPPPs .shall include a post-construction, management plan (including
Best Management Practices) in; accordance with the current Construction
General -Permit Where applicable; the approved fins! project specific .
Water Quality Management .Plan shall be''incorporated by reference'or
attached to the SWPPP as tfe Post_Construetion Management Plan. A
-copy ,of,the.up to date SWPPP shall. be kept at the:project.site and be..:
available for review'upon request.
17
i s
ENG 36. In accordance with City of.Palm Springs Municipal Code;:Section 8:50.022
(h), the applicant shall post-with. the City a cash 'bond of two thousand
dollars ($2,;000:00) per disturbed acre (if there .is 'disturbance of 5;000
square feet. or ,more) at the time of issuance .of grading permit for
mitigation measures .for erosion!tlowsand _relating' to this property Andi.
development.
ENG 3T -A Geotechnical/Soils Report, prepared by__ a California registered
GeotechnicaI Engineer shall be- required for `and .incorporated' as an
integral part ..f the grading plan for the proposes! development. A copy of
the Gg6fedhn16aI/S6IIS Report shall..be. submitted-to the Engineering
Services Department with theist submittalof:a grading plan.(if required)
-of.prior:to'{ssuance' of any,permit.
ENG 38. . The applicant shall provide pad (or finish floor) elevation certifications for
All'building ,(or structure)'pads.in conformance. with the approved grading
tothem ices Departntrotplan (if equired), S o
construction of any building (or-structure)faandat{on
ENG 39. In cooperation with tne.Riverside County`Agnculturat'ACommissiorier and
the California Department of Food and Agriculture Red Imported Fire Ant
Project; applicants- for grading permits Involving a 'grading plan and
involving fthe export ofsoil 'Will be required ;to present ;a clearance
document from_a Department -of Food and Agriculture repi esentatwe.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) pnor to approual of the Grading. Plan ({f
required) Tt a California Department of FoocJ and..Agriculture: office is
located at 73-71.0 Fred Waring Drive, Palm Desert .(Phone: 760.776-
8208).
WATER QUALITY MANAGEMENT PLAN
ENG 40. ,This project. shall be required to. install measures in accordance with.
app{icable National Pollution Discharge,E(imination System (NPDES) Best
Management. Practices.`(BMP's) included. as part of:the NP.DES Permit. .
issued for the Whitewater River Region from ;the Colorado.Rive er°Basin
Regional Water Quality: Control Board,-,(RWQCB) :" The applicant is
advised that installation of BMF's, including,mechanical,or other means-for
pre treating'contaminated stormwater and.non tormwater runoff, shall:be
.required by..regulations. imposed'-.,by the RUVQCB It shall be .the
applicanfs responsibility_ to. tlesigri an tl install appropriate BMP's .in
accordance with the NPDES P,errnit; that effectively intercept,and pre treat
contaminated storimwater and non-storm water`runoff.from.the project site,
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prior to release to the City's municipal separate storm sewer system
satisfaction of the City Engineer and the RWQCB..Such
measures shall ' be designed ,and.'installed, on-site; and provisions for
perpetual_ `maintenance 'Of. -the° measures shall be provided. '.to the
satisfaction of the City -Engineer, including provisions in Covenants,
Conditions, and, Restrictions (CC&R's) required for the development (if
any)..
ENG 41. A Final Project-Specific Water Quality Management Plan (W,QMP) shall be
submitted to and approved :by the City:Engineer prior to issuance of a
grading`or'building,permit. Tlie.WQMP shall address the implementation
of operational:. Best. :Management Practices (BMP's) necessary to
accommodate nuisance Water and storm``water :runoff from within the
underground';park"ing�garage,and the on-site private drive aisles. . Direct .
release of_ nuisance water. to adjacent public streets is` prohibited.
Construction of operational 6MP's shall be incorporated, into-the. Precise
Grading and Paving Plan.
ENG 42. Prior to iss.dance of any grading or.building permits, the property owner
shall record a °Covenant.and:Agreement"with the County Cierk Recorder
or other instrument on :a standardized form ao inform future property
:.
owners of the requirement -to implement. the;.approved Final Project:
Specific Water Quality Management Pian (WQMP); Other alternative
instruments.-for :requiring:' mplementation of the approved Final Project=
Specific WQMP:include:.requiring the,i' Iementation of the-Pinal. Project-
. _. _, <: r.
Specific WQMP `in Home Qwners Association or Property "Owner.
Association Covenants,`Conditions;'-and Restrictions (CC&`Rs), formation
of Lantlscape, Lighting and Maintenance:Distncts Assessment Distncts`or.
Community Service Are responsible for implementing the-Final Project
Specific WQMP, or,equivalent...Altemative instruments,mustbe approved
13y the City Engineer prior to-issuance of any grading or building permits;
DRAINAGE
ENG 43. All stormwater runoff across the, property shall be accepted, and conveyed
in a manner acceptable to the City Engineer and released to an-,approved
drainage system. Stormwater.runoff may riot be released directly to the
adjacent streets-without first.intercepting and�treatmg with approved Best
Management Practices(BMPs):
ENG 44. This project .shall be required:to install measures in accordance with
applicable N6tional;:Pollutfon Discharge Eiiri oration System (NPDES) Best
Management Practices (BMP`s) included as part of the NPDES Permit
issued: for the Whitewater` River Region from.ahe Colorado River Basin
Regional. Water Quality Control . Board (RWQCB). The . applicant is
19
advised that installation of BMP's, including mechanical or other means for
pre treating contaminated stormwater and non stormwater runoff, shall;.be
required b'y regulations_ unposed by the RWQCB. It shall. 'be the
applicant's responsibility to design and ,install .appropriate BMP's, in"
accordance with the NPDES Permit, that.:effectively,intercept'and pre treat
contaminated:stormwater.and;non-stoemwater..runoff from the project site,
prior to release to: the City's municipal separate storm sewer, system
{''MS4'), to the satisfaction of.:the City Engineer .and the RWQ`CB Such
measures shall be designed and installed on-site;-- and- provisions for
perpetuai maintenance of 'the measures...shall be provided .to , the
satisfaction oU the City Engineer,_ including, ,provisions- in Covenants;
Conditions. and RestrictionsICC&R`s) required for the development.
ENO 45. Construct .storm drain. improvements, :including but .not limited to .catch
basrns, and storm drain lines, for drainage of on:-site streets: into the on-
site detention system and on site storm drainage .improvemer ts; as
. .
described in the Hydrology Study:
ENG 4.6. The project is subJect to-flood'control and drainage implementation:fees.
The acreage drainage fee at the.present;time is .$92'f 2 0.0 per acre;ih
accordance with Resolution No. 15'I89. Fees shall" be 'paid 'pnor:Ao
issuance of a"building permit.
ENO 47. All on site storm drain systems shall._be -privately maintained` by a
Horrid Wners Association (HOA). Provisions for rnaintenance of the.ori=
site storm drain systems acceptable to the.City Engineer shall be included
in Covenants; Conditions and .Restrictions (CC&R's) .required "for this
project,
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GENERAL -
ENG 48. Any utility trenches or.other excavations within existing asphalt-concrete
pavement of off-site streets regwred by the proposed'"development shall
be bacicfilled and repaired in' accordance with City of Palm Springs
Standard. Drawing No. "115. •The developer shall be responsible for
removing, _grinding, paving and/or overlaying existing asphalt concrete
pavement of off site streets as required by and at the discretion oft he City
Engineer,"including additional;pavement repairs to`pavement°repairs.made
by utility companies for utilities -installed-for the benefit of fhe..proposed
development (i.e, Desert Water Agency; -Southern California Edison,
Southern California -Gas Company, .Time" Warner, . Verizon, Mission:
.Springs Water District, `etc ):::Multiple excavations, trenches, and:other
street cuts within_.existing asphalt.coricrete. pavement of off site streets
required by the proposed development niay require complete gnndIng and .
asphaltconcrete overlay•of the affected off-site streets, at the discretiomof
the City Engineer:` The pavement condition of the existing off site streets
shall be' returned-to a condition. equal to or.better;than 6xisted'.`pf& to
construction of the.proposed development:
ENG 49. AlFproposed utility�lines shall be in stali.Obnd erg round:.
ENG 50. All existing`utilities shall be: hown on the iriiprovement plans if requ red lot
the :project,. The:existing and proposed service- laterals shall be shown
from the main line to the property line:
ENG 51. Upon approval of any improvement plan (if required) by the City Engineer,
#lie improvement plan shall be provided.:to the .City in digital format,
consisting of a DWG (AutoCAD 2004.drawing file), DXF (AutoCAD ASCII
•drawing exchange file), and 'PDF (Adobe Acrobat 6 0;'or greater) formats:
V'ariation of the type and format of the digital data to•be submitted to the
City'may be'autho:,rized,-upon prior approval by the City:Engineer.
ENG 52. The .origins[ improvement plans prepared for the proposed_ development
and;approved by the City Engineer (if required) shall be documented,with
record drawing "as built" information and returned 'to the Engineering
Services Department prior to-issuance of:a final certificate of occupancy.
Any modifications or changes to approved -improvement..,.plans shall be
submitted to the,City Ergineer for approval prior to construction:
21
ENG 53. Nothing shall be constructed or planted in the corner cut-off area of
any intersections or driveways which does or will exceed the height
required to maintain an appropriate sight distance per City of Palm
Springs Zoning Code Section 93.02.00, D.
ENG 54. 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 in accordance with City of Palm Springs Standard
Drawing No. 904.
MAP
ENG 55. The developer shall apply for an annexation to the City of Palm
Springs Community Facilities District established for public safety
services and submit required applications, waivers, and consent forms
to the annexation prior to approval of a final map. Payment of an .
annexation fee ($7,500) and shall be made at the time of the
application. The annexation shall be completed by action of the city
council in a public hearing, prior to processing a final map for approval.
ENG 56. A Final. Map shall be prepared by a California registered Land .
Surveyor or qualified Civil Engineer and submitted to the Engineering
Services Department for review and approval. A Title Report prepared
for subdivision guarantee for the subject property, the traverse
closures for the existing parcel and all lots created therefrom, and
copies of record documents shall be submitted with the Final Map to
the Engineering Services Department as part of the review of the Map.
The Final Map shall be approved by the City Council prior to issuance
of building permits.
ENG.57. In accordance with Government Code 66426 (c), an application for a
Tentative Tract Map shall be submitted to the Planning Department if
the subject property is proposed to be subdivided for purposes of sale,
lease, or financing of commercial parcels (and/or residential
condominium units) within the proposed development. No' building
permit shall be issued until a Final Map for condominium purposes has
been approved by the City Council.
ENG 58. The applicant shall be required to enter into an agreement that
provides the City of Palm Springs with an exclusive right of entry onto
the subject property with the right to remove all abandoned street
improvements at the applicant's expense, in the event removal of the
abandoned street improvements is not completed within two (2) years
following approval of a Final Map by the City Council. The agreement
shall be secured with appropriate subdivision security, as approved by
the City Attorney, with the security available to the City upon notice
Planning Commission Resolution*.
Case 3.4007,MA,l;7.1519 AMM;TTM 37245 Page 23 of 24'
Conditions of Approval
from the. 'City Engineer :that the applicant has failed-to perform its
obligations as.required by the agreement. The applicant shall provide.
written estimates . of cost to remove . all;. abandoned- _street
improvements', abandonment _andlor relocation of all existing
underground utilities.. and construction of street.improvements as may
be necessary, subject to the,.approval of the City:Engineer..: Estimates
'of costs.related to public utility abandonment and/or.,relocation shall be
determined by .the respective utility agency, as appropriate. The
agreement shall be executed-by the applicant.prior"to. approval of a
Final Map by the City Council. The:developer shall submit a deposit of
$2,500:for preparation of the.agreement, dhd shalVbe subject to actual
:costs associated with tts preparation:by the'City Attomey.
ENG 59. A copy - draft Covenar ts,'Conditions and Restrictlons (CC&R's) shall
be' submlfted to the City.Attorney for review :and approval for„ any
restrictions :. related to the Engineering Services; Department's:
recommendations. The, CC&R's shalf'be approved by the City Attomey
p for to approval of the Final Map` by the City Council, or h the
absence of a`.Final Map;: shall tie submitted and:approved by the City
Attorney prior to issuance:of Certificate of Occupancy;
ENG 60. Upon approval of a final map; the-final.map shalt,be provided to'the City in.G.1 S.
digital format, consistent with'the "Guidelines far G.I S;Digital Submission" from-;the
R.ivers tde County Transportation and Land Management Agency" G:1 S di.gital
information shall.con5ist of the following data: California Coordinate System, CCS83
Zone 6{in U S, feet);:monuments (ASCII drawing exchange filej,:lot Imes, rights-of=
way, and:centerlmes slown.as continuous lines;.full map;annotation consistent-with
annotation shown on tK'_,map; map number; and,map file name. G IS data format
shall be,provided on a CDROmbVD containing the;.following ArcGIS Geodatal ase,
ArcView =Shapefle, Arclnfo .Coverage or :Exchange file; DWG` (AutoCAD 2004
tlrawmg file); DGN (Microstabon &awing. fiie), 'kP :(AutoCAD ASCII drawing,
exchange filet', and Pb# (Adobe Ace6bat`6; or greater) ,formats; Variations of',the ,
Type and formal:of G LS digital tlata ao_be submitted to the City may be authorized;
upon prior approval of the City.,Engineer
ENG 61. Acceptance.of public improvements required of this development shall
be completed by "resolution of-the City Council to release the faithful
performance b0 'd;;and acceptance of replacement maintenance bond
to be Meld for one'.yea�...An Inspection will be,performed nine months:
:..
after said acceptance i3s part'of the..notice b .,completion process;,a
notice'.:of- completion .w I be filed :certifying the improvements' are
complete.
TRAFFIC
ENG 62. A minimum of 48 inches of clearance for accessibility shall be-provided;
on public sidewalks. Minimum' clearance on public sidewalks shall be
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0 i
' Planning Commission Resolution No.
Case 3.4007 MAJ;7.1519 AMM;TTM 37245 Page 24 of 24
Conditions of Approval
provided by either an additional dedication of a sidewalk easement if
necessary and widening,of the sidewalk, or by the relocation of any
obstructions within the public sidewalk along the frontage of the subject
property.
ENG 63. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and street lights, associated with the
proposed development shall be replaced as required by the City
Engineer prior to issuance of a Certificate of Occupancy.
ENG 64. Construction signing, lighting and barricading shall be provided during
all phases of construction 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 Part 6 'Temporary Traffic
Control' of the California Manual on Uniform Traffic Control Devices
(CAMUTCD), dated November 7, 2014, or subsequent editions in force
at the time of construction.
ENG 65. This property is subject to the Transportation Uniform Mitigation Fee
which shall be paid prior to issuance of building permit.
END OF CONDITIONS
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