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Home My WebLink About4/4/2018 - STAFF REPORTS - 1H 4��?P L M s'0P i2 w � V N t x e e « xa1ATf0 cA4 1FOa��P City Council Staff Report DATE: April 4, 2018 CONSENT CALENDAR SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO THE SUBDIVISION IMPROVEMENT AGREEMENT WITH RREF II-DC CAMERON, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ASSOCIATED WITH TRACT MAP NO. 33575, THE "CAMERON" PROJECT FROM: David H. Ready, City Manager BY: Marcus L. Fuller, Assistant City Manager SUMMARY Approval of Amendment No. 1 will extend the term for completion of the public improvements by one year, subject to certain conditions to complete off-site public improvements by September 1, 2018. RECOMMENDATION: 1. Approve the First Amendment to the Subdivision Improvement Agreement for Tract Map 33575 ("Cameron"), A6730, between RREF II-DC Cameron, LLC, a California limited liability company, and the City of Palm Springs, in a final form approved by the City Attorney; and 2. Authorize the City Manager to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: According to a Statement of Information filed with the Secretary of State on June 23, 2016, RREF II-DC Cameron, LLC, is a California limited liability company that is managed by RREF II-DC Cameron JV Member, LLC, a Delaware limited liability company, that is managed by Rialto Real Estate Fund ll, LP, a Delaware limited partnership, that is managed by Rialto Partners GP II, LLC, a Delaware limited liability company, its General Partner. BACKGROUND: At its meeting of October 12, 2005, the Planning Commission recommended approval of Tentative Tract Map 33575, Case No. 5.1056 — PDD 314 (the "Cameron"), which was subsequently approved by the City Council, subject to conditions, on July 12, 2006. ITEM NO. -I-N* City Council Staff Report April 4, 2018-- Page 2 First Amendment to Tract Map 33575 SIA The Cameron Project is a mixed residential-commercial development of 80 two-story attached townhomes, 22 live-work units, and 15,000 square feet of retail use locagted at the northeast corner of South Palm Canyon Drive and Mesquite Avenue, in Section 23, Township 4 South, Range 4 East. A site map is provided below and a Vicinity Map is included as Attachment 1. i Wilt NNW 4 t. S Y ' w i i TM 33575 "Cameron" Site Map Subsequent actions related to the Cameron Project are identified in the following Table. Table 1 Related Relevant City Actions The City Council voted unanimously to approve the preliminary Planned 7/12/2006 Development District; Tentative Tract Map 33575; and a Mitigated Negative Declaration for the project. 11/22/2006 The Planning Commission voted 6-0-1 to approve the Final PDD for the residential elements of the project with conditions. 11/28/2007 The Planning Commission voted 6-0-1 to approve the Final PDD for the commercial/retail elements of the project. 02 City Council Staff Report April 4, 2018-- Page 3 First Amendment to Tract Map 33575 SIA The Planning Commission voted 5-0-1 to approve a one-year time extension for Case No 5.1056 / PD 314 to July 12, 2009 and recommended 06/11/2008 approval to the City Council for a one-year time extension to July 12, 2009 of the Tentative Tract Map TTM 33575. 06/10/2009 The Planning Commission voted 5-0-1 to approve a one-year time extension for the project from July 12, 2009 to July 11, 2010. 0 512 8/2 0 1 0 The Planning Commission voted 6-0-1 to approve a one-year time extension for the project from July 12, 2010 to July 11, 2011. 05/25/2011 The Planning Commission voted 7-0 to approve a one-year time extension for the project from July 12, 2011 to July 11, 2012. The Planning Commission approved a one-year time extension for both the 05/23/2012 commercial and the residential components of the project from July 12, 2012 to July 11, 2013, subject to revised engineering conditions. 06/26/2013 The Planning Commission voted 7-0 to approve a one-year time extension for the project from July 12, 2013 to July 11, 2014. 04/23/2014 Planning Commission voted to continue to the meeting of May 14, 2014. 05/14/2014 The Planning Commission granted a one-year extension of time for the ro'ectfrom July 11, 2014 to July 10, 2015. 06/24/2015 The Planning Commission granted a one-year extension of time for the project from July 10, 2015 to July 9, 2016. 05/1912017 he Architectural Advisory Committee voted unanimously to recommend approval of proposed minor amendment to the Planning Commission The Planning Commission approved a proposal to allow minor amendments 06/28/2017 to the previously approved Final Development Plans for the Cameron project. 07/26/2017 The City Council approved minor amendments to the previously approved Final Development Plans for the Cameron Project. On July 1, 2015, the City Council approved a final map for Tentative Tract Map 33575, for the Cameron Project. At that time, construction of required on-site and off-site public improvements associated with Tract Map 33575, (the "Works of Improvement"), were not completed, and an engineer's estimate of the cost of the Works of Improvement to be completed was $6,000,000. In accordance with Section 66462 of the California Government Code, RREF II-DC Cameron, LLC, a California limited liability company, (the "Developer"), requested that the City enter into a Subdivision Improvement Agreement securing the cost of those improvements not yet completed to the City's satisfaction. A copy of the Subdivision Improvement Agreement for Tract Map 33575 (the "SIA") approved by the City Council is included as Attachment 2. Although the Council approved the SIA on July 1, 2015, it was not fully executed and effective until April 19, 2016. The SIA was recorded as Document No. 2016-0164393, and is binding on any successors and assigns of the property. 03 City Council Staff Report April 4, 2018 -- Page 4 First Amendment to Tract Map 33575 SIA In accordance with Section 2.1 "Commencement and Completion Dates" of the SIA, the Developer must complete all of the Works of Improvement within two years after the Commencement Date. Substantial on-site construction was completed by the Developer, including all rough-grading of the on-site streets and residential and commercial pads, and installation of underground utilities. This fact has "vested" the entitlements associated the Cameron Project (namely, the architectural approvals of Case No. 5.1056 — PDD 314). However, the Developer has not yet commenced with construction of any off-site public improvements, including the widening of S. Palm Canyon Drive, Mesquite Avenue, relocation of the existing traffic signal, and construction of a new landscaped median within S. Palm Canyon Dr. In September 2017, the City Attorney submitted a letter to the Developer indicating that the Developer must cause the Works of Improvement to be completed in accordance with the SIA. Subsequently, discussions have occurred with the Developer regarding the terms and conditions for completion of the off-site public improvements while the Developer pursues marketing of the Cameron Project to other developers. The Developer provided an initial response to the City proposing a two-year extension of time to April 2020, and phasing completion of off-site public improvements as follows: Phase 1 Work to commence upon City Council approval of the time extension and completed by July 2018: • Work to include the demo and removal of palm trees, sidewalk and asphalt on Palm Canyon and the Mesquite intersection • Install underground landscape and lighting conduits on Palm Canyon • Install curbs, sidewalks, median island and asphalt on Palm Canyon • Install traffic signal at Mesquite and Palm Canyon • Install "right turn" pocket at Mesquite and Palm Canyon on the north side of Mesquite between Cameron Way and Palm Canyon. Phase 2 Work to be completed prior to April 14, 2020: • Install Mesquite curb cuts and sidewalks • Complete Cameron Way driveway • Install decorative neighborhood concrete drive, signage and street light • Install Palm Canyon palm trees and lighting • Install Palm Canyon median landscape and lighting A copy of the Developer's initial response letter is included as Attachment 3. 04 City Council Staff Report April 4, 2018--Page 5 First Amendment to Tract Map 33575 SIA Staff reviewed the Developer's request, and in negotiations obtained the Developer's agreement to include all Palm Canyon Dr. improvements as part of Phase 1 (inclusive of median landscaping and lighting, and parkway landscaping and lighting), to be completed by July 2018. The Developer has responded by letter dated March 15, 2018, agreeing to complete all of the Phase 1 work (inclusive of all landscaping and lighting improvements associated with the widening of S. Palm Canyon Dr.), commencing in May 2018. Additionally, at staff's request, the Developer has agreed to remove all temporary construction fencing and install permanent parkway landscaping along the Mesquite Avenue and Random Road frontages, pursuant to a landscape plan to be approved by the City. A copy of the Developer's latest response letter is included as Attachment 4, and a copy of the proposed landscape plan is included as Attachment 5. The proposed parkway landscaping along the street frontages is temporary, until such time as a subsequent developer acquires the Cameron Project and completes its construction. The landscaping is proposed as decomposed granite paving with 12-24" boulders, and 63 — 15 gallon Palo Verde trees. A 6-feet high wrought iron fence, painted black, is proposed to secure the perimeter of the site. Staff recommends that the proposed temporary landscape plan be referred to the City's Architectural Advisory Committee for review and approval. The Developer has requested that the SIA be extended by 1 year, with an automatic 1 year extension. However, staff is recommending that the SIA be extended by 1 year, requiring further consideration by the Council in 2019 for a subsequent extension dependent upon the status of the Cameron Project at that time. The First Amendment to the SIA has been prepared in accordance with these recommendations, and is included as Attachment 6. ENVIRONMENTAL IMPACT: Tentative Tract Map 33575 was considered a "Project" pursuant to the California Environmental Quality Act ("CEQA") Guidelines. The City, acting as Lead Agency pursuant to CEQA, prepared an Initial Study and Mitigated Negative Declaration for Tentative Tract Map 33575. On July 12, 2006, the City Council adopted Resolution No. 21634 adopting the Mitigated Negative Declaration ("MND"). No further action with regard to CEQA is required. FISCAL IMPACT: The Developer posted security instruments in the form of a Performance Bond in the amount of $6,000,000 and a Labor and Materials Bond in the amount of $3,000,000 to guarantee completion of the Works of Improvement. These security instruments remain valid and binding on the Developer, and have not been released as the Works of Improvements are not complete. The SIA is the legal instrument by which the City can G' J City Council Staff Report April 4, 2018-- Page 6 First Amendment to Tract Map 33575 SIA utilize the security instruments to ensure Developer satisfies its obligations with regard to the SIA — which relate only to Developer's completion of the Works of Improvement. The SIA does not obligate or guarantee the construction of the residential units or commercial buildings associated with the Cameron Project. Amending the SIA to extend the time for completion retains the Developer's financial guarantees to complete the Works of Improvement, at its own cost. SUBMITTED: M PcusL. Fuller, MPA. P.E., P.L.S. David H. Ready, Esq., P Assistant City Manager City Manager Attachments: 1. Vicinity Map 2. Subdivision Improvement Agreement for Tract Map 33575 3. Developer's October 26, 2017, Letter 4. Developer's March 15, 2018, Letter 5. "Cameron Temporary Streetscape" Plan 6. First Amendment C6 ATTACHMENT 1 07 N Department of Public Works and Engineering w 9101" Vicinity Map Z z W I ? m SUNNY DUNES RD 171 T__ �ID(J SfR1Al PL• a W rN O, i 1 Q SAN LORENZO RD o MESQUITE AVE } VIAL 0 RD E AVE v Legend 6L.`6TILL0 AVE ® Site I �/ M,%O'Radius CITY OF PALM SPRINGS C8 ATTACHMENT 2 09 2016-0164393 04/26/2016 12:38 PM Fee: $ 0.00 Page 1 of 41 RECORDING REQUESTED BY: Recorded in Official Records CITY OF PALM SPRINGS County of Riverside Peter Aldana Assessor-County Clerk,-.Recorder AND WHEN RECORDED MAIL TO: 5� ��;`FIN':f'I111 City of Palm Springs R A Exam: " 7C P. O. Box 2743 Palm Springs, CA 92263 Page DA PCOR Misc Long RFD 1stPg AddPg Cert CC Attn: Office of the City Clerk --- SIZE NCOR SMF NCHG Filing fee EXEMPT per Government Code 6103 F\wVo SUBDIVISION IMPROVEMENT AGREEMENT RREF II-DC Cameron, LLC 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 Additlonal Recording Fee Applies) 10 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 11 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............................................................................................. 12 2 12 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDI Ig1j SION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this I i� day of NTWA 21ft 3=, by and between the CITY OF PALM SPRINGS, a Califor is carter city ("CITY"), and RREF II-DC CAMERON, 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. 33575 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 "B", "C", and "D" for street and public utility purposes, easements for public utility purposes (PUE) and sidewalk purposes together with the right of ingress and egress for service and emergency vehicles and personnel, over portions of Lots "A", "1" and "4" as shown on Map. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement'), as the same may be supplemented and revised 1 13 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$ 6. 008, 986.00. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. in addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit"B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions 2 14 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 shalt cause its contractor to repair, reconstruct, replace, or othervAse 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 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 3 15 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 Comoletion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City 4 16 Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force 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 Acreaae. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-314. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and 5 17 agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security_ 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall fumish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter"Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $6,000,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. 6 } 8 (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $3,000,000.00 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 $9,500.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $900,000.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney, (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. 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. 7 19 (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (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 8 20 by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise j 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 9 21 Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. if any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of 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 10 22 and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees_ In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10 General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 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 11 23 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. +a +ww (Signatures on Next Page) 12 24 ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On April 19, 2016, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. 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 the official seal of the City of Palm Springs, California, this 191h day of April, 2016. PALM;off SAP �Z X. a V N ♦ k C �P Signature: 4; q�+Fang MES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document Subdivision Improvement Agreement—A6730 25 IN WITNESS WHEREOF,the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATT T: CITY OF PALM SPRINGS,CALIFQPKIIA ' B James Thomson, City Clerk David H. Ready,City Man STANDARD FORM CITY AITNRNEY APPROVED AGREEMENT REP91VIVIENDED BY: Marcus Fuller, City Engineer?/AsSZ�ant!Ep Manager APPROVED BYCfTYCOUNCL 1 ? b1 �- l SUBDIVIDER: RREF II-DC Cameron, LLC, a California Limit Liability Company By: RREF II-DC Cameron JV ember, LC :4rA a Delaware Limited L' ifity Co any AS rZFIRM Its:Delaware By: ia TORNE Name: thou Sei s DA�i ' 0 Its: Vice President Check one:_Individual—Partnership_Corporation* 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: Signature(notarized) Signature(notarized) Name: Name: Title: Title: (For Corporations, this document must be signed For Corporations, this document must be signed in in the above space by one of the following: the above space by one of the following: Secretary, Chairman of the Board, President or any Vice Chief Financial Officer or any Assistant Treasurer) President) 13 26 Maifing Address: RREF II-DC Cameron, LLC C/O Davidson Communities 1302 Camino Del Mar Del Mar, California 92014 Attn: Tim O'Grady 760-518-0163 14 27 STATE OF FLORIDA } COUNTY OF MIAMI-DADE} On `J 4 It) , Ze t S ,before me,a Notary Public in and for said County and State,duly commissioned and sworn, personal y appeared saw ,known to me to be 1jP of RREF II-DC Cameron,LLC,the corporation described in and that exe' cdted the within and foregoing instrument,and known to me to be the person who executed the said instrument on behalf of said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seat,the day and year stated in this certificate above. My Commission Expires August 21,2015 r lyn Blanco,Notary Public „ KARELYN BLANCO +? � MY COMMISSIONNEE123e62 EXPIRES AUG 21,2015 BoneeCMrouqnIsrstalelnsuranoe 28 EXHIBIT"A" TRACT MAP 33575 LEGAL DESCRIPTION Tract Map No. 33575, as recorded in Map Book * Pages �� through 20 inclusive, records of Riverside County, California. 16 29 EXHIBIT"B" TENTATIVE TRACT MAP 33575 CONDITIONS OF APPROVAL 17 30 EXHIBIT A Case No. 5.1056-PD-314-TTM 33575 May 14,2014 RMSED CONDITIONS OF APPROVAL Before final acceptance of the project, al conditions fisted below shall be completed to the satisfaction of the City Enghieer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee,depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative: 1. The proposed development of the premises shalt conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutlons which supplement the zoning district regulations. 2. The owner shall defend, Indemnity,and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach,set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.10M, Planned Development District 314 (PD 314) and Tentative Tract Map 33575(TTM 33575)The City of Patin Springs will promptly notify the applicant of any such Claim,action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal hats or win advance funds to pay for defense of the matter by the City Attorney. If the CRY of Palm Springs falls to promptly notify the applicant of any such claim, action or proceeding or falls to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter Whout the applicants consent but should it do so, the Gty shall waive the Indemnification herein, except, the Cky's decision to settle or abandon a matter following an adverse judgment or failure to appeal,shag not cause a waiver of the Indemnificatlon rights herein. 3. That the property owner(s)and successors and assignees In interest shag maintain and repair the improvements Including and without Imitation sidewalks, bikeways, parkways, parking areas, landscape, Irrigation, lighting, signs, watts, and fences between the curb and Party line, including sidewalk or bikeway easement areas that extend onto private property, In a first class condition, free from waste and debris, and In accordance with all applicable law,rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included In the recorded covenant agreement for the property if required by the City. 31 • Planning Commission Res No.6399 May 14,2014 Case 5.1055 PD 314 Tlme Ezten6Ion 4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shalt not be final until such fee Is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of.a money order or cashiers check payable to Riverside County. 5. Prior to Issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted. 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or Industrial projects, 1/4% for new residential subdivisions, or 114% for new individual single-famlly.residential units constructed on a bl located In an existing subdivision with first $100,000 of total building permit valuation for individual sing"mily units exempt Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public ,Arts Commission, and the. property owner,shall enter Into a recorded agreement to maintain the artwork and protect the public rights of access and viewing. 7. Pursuant to Park Fee Ordinance No. 1632 and In accordance with 'Government Code Section SCA77(Quimby Act), all residential development shall be required to contribute to NUgate park and-recreation impacts such.that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shag be subject to parkland dedication requirements and/or park enprovernent fees. The parkland mitigation amount shall be based upon the .cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee shall be payable prior to the issuance of building perrrsts. 8. As the. property is Indian trust land, fees.as required by the Ague Callente Band of Cahuilia Indians Tribal Council shag be paid prior to consideration of this project by the Planning Commission. Environmental Assessment 9. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement .that the mitigation measures outlined as part of the negative declaration or EIR will be Included In the plans prior to Planning Commission consideration of the environmental assessment Mitigation measures are as follows: 10. The developer shall reimburse the City for the City's costs incurred in monitoring the dev9loper's compliance with the conditions of approval and mitigation monitoring program, Including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This;oondition of approval Is supplemental and In addition to normal building permit and pubic improvement permits that may be required pursuant to the Palm Springs Municipal Code. 2 32 � planning Commission Resod No.0399 May 14, 2014 Case 5,1056 PI)314 Time Extension CC&R's 14. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions("CC&R's")to the Director of Planning Services for approval In a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property In a good condition and in accordance with all ordinances. 15, The applicant shall submit to the City of Palm Springs, a deposit In the amount of $10,000 or the review of the CC&R's by the City Attorney.A $250 filing fee shall also be paid to the City Planning Depadnwnt for admfntstrative review purposes. 16. The CCR'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. Sold disclosure shall infonfn perspective buyers about traffic, noise and other activities which may occur in this area. Additional Permits 17. The applicant/developer/property owner shall be required to design and construct a custom bus shelter, which is consistent with the project architecture. The bus shelter design shall comply with SunAne Transit bus shelter design criteria and shall be submitted to Sunline Transit for review and comment prior to City review and approval. The property owner shall maintain the bus shelter for the life of the project, unless a separate maintenance agreement between the property owner and Sunline Transit is entered into. This condition modifies Engineering Condition No 18. Cultural Resources 113. Prior to any ground disturbing activity, Including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources Idenfrflable on the ground surface. 19. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitors) shall be present during all ground disturbing activities Including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, eta Contact the Ague Callente Band of Cehuitia Indian Cultural Office for additional Information on the use and availabtllly of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt 3 33 ' Planning Commission Rest No.0399 Case 5.1056 PO 314 Time Exlension May 14, 2014 destructive construction and shall notify a Qualified Archaeologist to investigate and, If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, Including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Services Department prior to final Inspection. Final Design 20. Final landscaping, irrigation, exterior fighting, and fencing plans shall be submitted for approval by the Department of Planning Services, Department of Public Works, and Deparhnerit of Parks and Recreation, prior to issuance of a building permiL Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 21. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, Irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property deveopmenl standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2)years of the City Council approval of the preliminary planned development district. 22. An exterior lighting plan in accordance with Zoning Ordinance Section 93,21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shah be submitted for approval prior to issuance of a building permit. If lights are proposed to.be mounted on buildings, down-lights shall 6e utilized.No lighting of the hillside is permitted. Public Safety CFD 23. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal Justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation. library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq, or other appropriate statutory or.municipol autimority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index 4 34 Planning Commission Resolu'tfon No.0399 May 14,2014 Case 5.1056 PD 314 Time Extension escalator. The disMct shall be fomr*d prior to sale of any lots or a covenant agreement shall be recorded against each parcel,permitting incorporation of the parcel in the district GENERAL CONDITIONS/CODE REQUIREMENTS 24. Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 25. The Tentative Tract Map and Planned Development approval shall be valid for a period of two (2)years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 26. The appeal period for a Planned Development District$14(PD 314)and Tentative Tract Map 33575 (TTM 33575) application is 15 calendar days from the date of project approval. Permits w1l not be issued until the appeal period has concluded. 27. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive. 28. The project Is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Docwnent Package to the Director of Planning Services for review and approval prior to the issuance of a building permiL Refer to Chapter 8.60 of the Municipal Code for specific requirements. 29. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter8.50 of the Municipal Code for specific requirements. 30. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 31. Separate architecture] approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 32. AN materials on the flat portions of the roof shall be earth tone in color. 33. AN awnings shall be maintained and periodically cleaned. 34. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the buNdtng(s). The exterior eJevabons and roof plans of the buldings shall Indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above fie equipment for the purpose of screening. 5 35 ' Planning Commission Resolul No.6399 Case 5.1056 PD 314 Time Extension May 14,2t)14 35. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 36. Perlmeler walls shall be designed, installed and maintained In compliance with the corner cutback requirements as required In Section 9302.00.D, 37, The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 38. The street address numberingAettering shall not exceed eight Inches In height 39. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 40. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit 41. Details of pool fencing (material and color)and equipment area shall be submitted with final landscape plan. 42. No sirens, outside paging or any type of signalizatlon will be permitted, except approved alarm systems. 43. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 44. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 45. The project shall comply with the City of Palm Springs Transportation Demand Management (TOM) Ordinance which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. 40. Prior to the issuance of building permits, locations of all telephone and elecbJcal boxes must be Indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the Interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformers)must be adequately and decoratively screened. 47. The applicant shall provide all tenants with Conditions of Approval of this project. 48. Loading space facilities shall be provided In accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be Indicated on the site plan and approved prior to Issuance of building permits. a 36 • Planning Commission Result No, 6399 May 14, 2014 Case 5.1056 PO 314 Time Extension 49. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2)handicap spaces can share a common walkway. One In every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 fool walkway on the right side and shall be designated as"van accessible". 60. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the prosy, 51. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10, 52. Curbs shall be installed at a minimum of five (5) feet from Moe of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 53. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 54. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 55. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with Mal landscape plan. 56. Parking staUs shall be delineated with a 4 to 6 Inch double stripe - hairpin or elongated V design. Individual wheel stops shall be prohibited; a continuous 8" barrier curb shag provide wheel stops. 57. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be Increased to eleven (11)feet wide. 58. Tree wells shah be provided within the parking lot and shall have a planting area of six feet In dis metedwidth. Waste Disposal 59. Trash cans shah be screened from view and kept within fifty(50)feet of the street. 7 37 PlannkV Commission Resvlu on No.6399 May 14, 2014 Case 5.1058 PD 314 Time Extension POLICE DEPARTMENT; 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT- 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 1. Comply with all fire regulations. ENGINEERING DEPARTMENT: STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Encroachments of buildings or other structures within the public right-of-way shall require approval of an Encroachment Agreement or Encroachment License by the City.Engineer and/or City Council(as required). The applicant shall apply for an Encroachment Agreement or License, as necessary, prior to Issuance of a building permit for buildings or structures that encroach within the public dght-of--way. 3. Submit street Improvement plans prepared by a California registered civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to Issuance of buUding permit. 3a. The applicant shall be required to construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete, as may be determined by the City Engineer. Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer. Completion of asphalt concrete paving for streets prior to completlon of on-site construction activities, If authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overtay,slurry seal,or other repairs,as required by the City Engineer. SOUTH PALM CANYON DRIVE . 4. Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage, together with a property Ane comer cut-back at the soudwmst comer of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 5. Condition#5 deleted. 8 38 • Planning Commission Resole Pion No.6399 Case 5.1058 PD 314 Time Extension May 14,2014 6. The existing palm trees located along the South Palm Canyon Drive frontage shall be relocated and transplanted by the applicant in conjunction with the associated street widening; or the applicant may furnish and install new Washingtonia flifera palm trees along the South Palm Canyon Drive frontage, at equal spacing, as approved by the Director of Planning. The applicant shall be responsible for installation of a new irrigation and electrical system for the palm trees to the satisfectilon of the City Engineer. 7. New or transplanted palm trees shall be lect Jo a .onawyear plant establishment period 09 days from the date of acceptance by the City Engineer. Any palm trees that fall during the ow-year plant establishment period shall be replaced with a new palm tree of similar trunk diameter and height to the satisfaction of the City Engineer, and shall be subject to a subsequent e-year plant establishment 804sy Wlm period. the applicant shall ensure that adequate Intioation of new palm trees is arovided urine the plant establishment Derbd until such time as the existing frrica sysSem Is suffiaent to irrigate the palm bees, S. Remove the existing curb and gutter located 32 38 feet east of centerline and replace with an 8 Inch curb and gutter located 38 feet east of centerline along the entire frontage, with a 35 feet radius curb return at the northeast comer of the intersection of South Palm Canyon Drive and Mesquite Avenue in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Provide a transition between the proposed main entrance and the Tahquitz Creek Bridge, acceptable to the City Engineer, to provide for the reduction in roadway width from the proposed 38 feel to the existing roadway width at the bridge. 9. Remove the existing cross-gutter located emu the east leg of the South Palm Canyon Drive and Mesquite Avenue intersection and construct a new 8 feet wide cross-gutter.ln-accordance with . City of Palm Springs Standard Drawing No. 200 and 208. as necessary to facNkate the required street improvements. 10, Construct a new 36 feet wide street Intersection for the Main Entry with the centerline of the Main Entry aligned with the existing driveway access to Rock Garden Cafe on the west side of South Palm Canyon Drive. The Main Entry shalt consist of a divided entry with one entrance lane and one exit lane(14 feet wide each), and a landscaped median (8 feet wide), for a total width of 36 feato or as otherwise approved by the City Engineer or required by the Fire Marshall. The Main Entry shall be constructed as a 36 feet wide driveway approach, In accordance with City of Palm Springs Standard Drawing No. 205. The median at the Main Entry shall not be constructed within the public right-of-way. 11. Construct a 24 feet wide driveway approach In accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 460 feet north of the centerline of Mesquite Avenue, as shown on the approved site plan. Access shall be limited to right-turn In and right-tum out only. 12, Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the Main Entry and secondary entry driveway approaches in accordance with City of Palm Springs Standard Drawing No. 214.The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, If necessary, to meet ADA guidelines, subject to the approval of the City Engineer 9 39 • Planning Commission Resol ion No.8399 May 14,2014 Case 5.1056 PD 314 Time Extension and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 13. Construct an 8 feet wide sidewalk behind the curb along the entire frontage In accordance with City of Palm Springs Standard Drawing No, 210. The sidewalk shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. 14. Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast comer of the Intersection of South Palm Canyon Drive and Mesquite Avenue In accordance with City of palm Springs Standard Drawing No. 21Z 15. Constrict a 14-feet wide landscaped median Island along the entire frontage. Provide a 50 feet long souhbound left turn pocket, and a 50 feet long northbound left turn pocket at the Main Entry (aligned with the existing access to Rock Garden Cafe) with 90 feet long bay tapers; and a 200 test long souhbound left turn pocket at Mesquite Avenue with a 90 feet long bay taper. The left turn pockets shall be designed In accordance with Section 406 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. The median shall be constructed as necessary to pass stormwater runoff from the west side to the east side of South Palm Canyon Drive, as may be determined during final engineering design, subject to the review and approval by the City Engineer. 16. Submit landscaping and irrigation system improvement plans for review and approval by the City ENIneer and Director of Planning. The Irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant, for future use by the City upon acceptance of the landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. 17. All median landscaping shall be guaranteed for a period of ong year 89-days from the date of acceptance by the City Engineer. Any landscaping that falls during the one-yea 89-day landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent ear 00-day landscape maintenance period. 18. Condition#18 deleted. 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 dean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section Is proposed, the proposed pavement section shall be designed by a California registered Geotenhnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 20. Install a catch basin of appropriate size to accommodate the stormwater runoff tributary to the existing iow point along South Palm Canyon Drive (between the Tshquitz Creek bridge and Mesquite Avenue). install a storm drain connection pipe (HOPE pipe as allowed by the City Engineer)from the catch basin extending north within the South Palm Canyon Drive Fight-of-Way, 10 40 . Planning Commission Resolution No.8399 a May 14,2014 Casa 6.1056 P❑314 Time Extension to a new outlet in the Tahquitt Creek. The public storm drain shall not be connected to or extended on-site. The applicant shall coordinate with Riverside County Flood Control District (RCFC) for review and approval of a new outlet structure Into the Tahquitz Creek immediately downstream from the Tahqultz Creek bridge. Submit storm drain improvement plans for review and approval by the City Engineer and RCFC. MESQUITE AVENUE 21. Dedicate an additional right-of-way of 4 feet concentric with the back of the new siidewatk adjacent to the proposed 1175 feet long westbound right-tum lane at the intersection with South Palm Canyon Drive and Mesquite Avenue, extending from South Palm Canyon Drive to the Mesquite Avenue driveway, as required by the City Engineer. 22. Remove the existing curb and gutter located 20 feet north of centerline and replace with a 6 inch curb and gutter located 26 feet north of centerline from South Palm Canyon Drive with an appropriate transition to 20 feet north of centerline adjacent.to and west of the Mesquite Avenue driveway. The curb and gutter shall be constructed In accordance with City of Palm Springs Standard Drawing No. 200, The street shall be widened to provide a 20 feel wide eastbound lane,a 12 feet wide shared left-tumlthrough lane, and a 14 feet wide dedicated right-tun lane. 23. Construct a 28 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No, 205. The centerline of the driveway approach shall be located approximately 295 feet east of the centerline of South Palm Canyon Drive,as shown on the approved site plan. 24. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 214. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, If necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 25. Construct an 8 feet wide sidewalk behind the curb from South Plan Canyon to the Mesquite driveway and a 5 foot side walk from the driveway to Random Road in accordance with City of Palm Springs Standard Drawing No.210. 26. Construct a Type A curb ramp meeting current California State Accessibility standards at the northwest comer of the intersection of Mesquite Avenue and Random Road In accordance with City of Palm Springs Standard Drawing No. 212. 27. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 Inches crushed miscellaneous base with a minimum subgrade of 24 Inches at 96% relative compaction, or equal,from edge of proposed or existing gutter to clean sawcut edge of pavement where required. If an alternative pavement sectlon is proposed, the proposed pavement section shall be designed by a California registered Geotechnloal Engineer using "R" values from the project site and submitted to the City Engineer for approval. 28. All broken or off grade streel Improvements shall be repaired or repisoed. 11 41 ' Planning Commission Resolution No.6399 May 14, 2014 Case 5.1058 PO 314 Time Extension RANDOM ROAD 29. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Patin Springs Standard Drawing No. 210. 30. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201, The centerline of the driveway approach shall be located approximately 305 feet north of the centerline of Mesquite Avenue,aligned with San Lorenzo Road. Access shall be limited to emergency access only. The access shall be gated anel looked willi a' , with rtmer:t. An Ooticom or Tomar system [4!@12pirov aaual] for automatic opgraU by emamencv vehicles with uninterrulftd power supply(battery back-upk shall be Installed for the entry gatel.neetingthe approval of the Fire Marshall. 31. All broken or off grade street improvements shall be repaired or replaced. ON-SITE PRIVATE STREETS 32. The on-site layout of streets and parking spaces is subject to further review and approval by the City Engineer. Adjustment of proposed street alignments, and deletion or relocation of proposed parking spaces may be required during review of construction plans for on-site Improvements during final engineering, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on-site layout of streets and parking spaces as proposed. 33. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for service and emergency vehicles and personnel access over the private streets. 34. All two-way on-site streets shall be a minimum of 24 feet wide (as measured from curb face or edge of travel way), 35. All on-site streets shall be constructed with concrete wedge curbs and cross-gutters as necessary to accept and convey on-site stormwater runoff to the on-skte storm drain system, In accordance with applicable City Standards. 36. Construct pavement with a minimum pavement section of 2'% inches asphalt concrete pavement over 4 inches crushed misg911aneous base with a minimum subgrade of 24 Inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using W values from the project site and submitted to the City Engineer for approval. 37. Parking shall be restricted along both sides of the on-slte streets, as necessary to maintain a minimum 24 feet wide dear two-way travel way. Regulatory Type R26 'No Parking' signs or red curb shall be Installed along the private streets as necessary to enforce parking restrictions. The Home Owners Association (HOA)shall be responsible for regulating and maintaining required no parking restrictions, which shalt be included in Covenants, Conditions, and Restrictions(CC&R's) required for the development. 38. Proposed parking spaces located on Lot 'E' shall be deleted. Lot 'E' shall be provided as a minimum 20 feet wide emergency acme driveway to Random Road, as required by the Fire Marshall. 12 42 Planning Commission Resolution No, 8399 May 14,2014 Case 5.1056 PD 314 Time Extension 38A. An accessible pedestrian path of travel shall be provided_throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constricted of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer, SANITARY SEWER 39. All sanitary feciQties shall be connected to the public sewer system. 40. 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 41. An on-site private sewer system shall be constructed to collect sewage from the development and connect to the existing public sewer system. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains 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 provided sufficient invert Information is provided In the plan view, including elevations with conflicting utility lines. Connection of the on-site private sewer system to the public sewer main shall be made as a standard lateral connection into the existing public sewer mains located in Mesquite Avenue and Random Road In accordance with City of Palm Springs Standard Drawing No. 405. Plans for sewers other than the private on-site sewer mains, Le. 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. GRADING 42. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer or qualified Architect to the Engineering Dlvlsfon 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 Division for review and approval. The applicant and/or Its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Munidpai 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 Division with current and valid Cerlificete(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 www.AOMD.gov. A Fugitive Dust Control Flan, in conformance with the Coachella Valley Fugitive Dust Control Handbook,shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. 13 43 Planning Commission Resolution No.6399 May 14, 2014 Case 5.1066 PD 314 Time ExtenNon b. The first submittal of the Precise Grading and Paving Plan shall include the following Information: a copy of final approved conformed copy of Conditions of Approval;a copy of the approved tentative tract map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report 42C. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall be Installed. Fencing shalt have screening that is tan in color, green screening will not be allowed. Perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. 42D. Perimeter fence screening shell 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 ground to resist wind loading. 42E. 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-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer, 42F. 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 Ague Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shag contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, 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 Trbal.monitars during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 43. Drainage sweles shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways,or gutters. 44. Notice of Intent trzcomoly with California General Construction Stormwater ater Quality Order 2009-MWDWO as modified So bar 2 20091 is rwukw for Me proposed development via the Californialon9d Water Quality Control Board online SMARTS system. A cobv of thg erscuted letter issuing a Waste Discharge Identificatlon OMD)number shall be provided to the City Enalneek prior to issuance of a grading permit 44A. Projects causing soli disturbance of one acre or more, must comply with either the General Permit for Stormwater Discharges Associated with Construction Activity or the General Permit for Stormwater Discharges Associated with Construction Activity from Small Linear Underground/Overhead Projects, and shall prepare and implement a stomnwater pollution prevention plan (SWPPP). A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request. 14 44 ti • Plannrng Commission Resoll No.6399 May 14,2014 Case 5.1056 PD 314 Time Extension 45. In accordance with City of Palm Springs Municipal Code, Section A-50.022 (hl 8.69.026-(a), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of issuance of argiding permit for mitigation measures for erosionlblowsand relating to this property and development. 46. A geotechnical/soil$ report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part Of the grading plan for the proposed development. A copy of the geotechnicaVsoils report shall be submitted to the iw4din$ e Engineering Division with the first submittal of a grading Plan (if required) or prior to Issuance of any-permit 46A. The applicant shall provide all necessary geotechnicallsolls Inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project.All bacldill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed In accordance with the Geotechnical/Soils Report prepared for the project. Documentation or all compaction and other soils testing are to be provided. No certificate of occupancy will be issued until the required certification Is provided to the City Engineer. 489. The applicant shall provide pad elevation certifications for all building pads in conformance with the approved grading plan, to the Engineering Division prior to construction of any building foundation. 47. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits Involving a grading plan and involving the export of soll will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties'(RIFA Form CA-1)prior to approval of the Grading Plan(if required). The California Department of Food and Agriculture office Is located at 73-710 Fred Waring Drive, Palm Desert(Phone: 760-776-8208). DRAINAGE 48. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to Palm Springs Master Storm Drain Line 29 through an on-site storm drain system. Stormwater runoff may not be released directly to Storm Drain Line 29 or adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). i 49. Provisions for the interception of nuisance water from entering adjacent public streets from the project silo shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 50. The on-site storm drain system. Including storm drain pipe sizing, catch basin sizing and other specifications for construction of required on-site storm drainage improvements shall be finarmad In a Hydrology Report, suibject to review and approval by the City Engineer, for this development 15 45 • ' Planning Commission Resoulion No.6399 • May 14,2014 Case 5.1050 PO 314 Time Extension 51. Submit storm drain improvement plans for all on-site private storm drain improvements for review and approval by the City Engineer. 52, Construct storm drainage improvements, including but not limited to,catch basins and storm drain lines, for drainage of the development into Storm Drain Line 29, subject to the review and approval by the City of Palm Springs and Riverside County Flood Control District(RCFC). 53. The applicant shall construct Palm Springs Master Storm Drain Line 29 from the Tahquitz Creek outlet extending up Random Road to Mesquite Avenue. The applicant shall_coordinate with Riverside County Flood Control District(RCFC)for the design and installation of Storm Drain Line 29, Including associated catch basins-and storm drain connector pipes, along both sides of Random Road up to the intersection with Mesquite Avenue. The construction of Storm Drain Une 29 shall be completed prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. 54. The project lhall will be required to Install measures in accordance with applicable National Pollution Discharge,Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit Issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant Is advised that installation of OMP's,.Including mechanical or other means for pre-treating contaminated stormwater Am nb"tormwater runoff, shall will be required by regulations Imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and n 3tormwate runoff from the project site, prior to release to the Citys municipal separate storm sewer system CMSV), to the satisfaction of the City Engineer and the RWQCB.Such measures Mail 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&FTs)required for the development(If any). 05, All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOAR Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be Included in Covenants, Conditions and Restrictions (CC&R's) required for this proJecL 55A. This project will be required to install measures In accordance with applicable National Pollution Discharge Elimination System(NPDES) Best Management Practices (BMP's) Included as part of the NPDES Permit Issued for the Whilewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant Is advised that installation of BMP's. Including.mechanical or other means for pre-treating contaminated-stormwater and non- stomswater runoff, will be required by regulations imposed by the RWQCB. it shall be the applicant's responsibility to design and Install appropriate_SMP's, in accordance with the NPDES Permit, that effectively intercept and pretreat contaminated stormwater and-non-stormwater runoff from the project site, prior to release to the CIVs municipal separate storm sewer system ('MW), to the 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). 16 46 ' Planning Commission ResolutionNo.6399 • May 14, 2014 Case 5.1056 PD 314 Time Extension GENERAL 56. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shelf be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No, 115.The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities Installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, eta). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off4te streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 56A On phases or elements of construction following Initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Ague Caliente Band of Cahullla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer or the Tribal Archaeologist at(760) 69"800, for any subsequent phases or elements of construction that might require Tribal monitoring. if required, it Is the responsibility of the applicant to coordinate scheduling of Tribal monitors during constriction,and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant(e.g. utility line extensions In off-site streets),which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 57. Ali proposed utility lines shall be Installed underground. 58. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transacting, shaft be installed underground unless specific restrictions are shown In General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. A detailed plan approved by the owners)of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. The existing overhead utilities across the north property line meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off-site power pole, no new power poles shall be installed unless otherwise approved by the City Engineer.A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division 17 47 Planning Commission ResolufTon No.8399 May 14,2014 Case 5.1056 PD 314 Time Extension identifying all above ground fachities in the area of the project to be undergrounded. Utility undergrounding shall be shall be completed prior to issuance of a certificate of occupancy. 59. All existing utilities shall be shown on the grading/street plans.The existing and proposed service laterals shall be shown from the main line to the property line. 60. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting.of a DWO(AutoCAD 2004 drawing file)and DXF (AutoCAD ASCII drawing exchange file) and PDF (Adobe Acrobat 6.0 or greater) formals. Variation of the type and format of line digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 61. The original Improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing 'as-buO information and returned to the Engineering Division prior to Issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 62. Nothing shall be constructed or planted In the corner cut-off area of any Intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 63. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No.904. 63A. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of Building Permit. MAP 64. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 65. A copy of draft Covenants, Conditions and Restrictions (CCBR's) shall be submitted to the City Attorney for review and approval for any restrtctlons related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map. 66. Upon approval of a final map, the final map shall be provided to the City In G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency.' G.I.S. digital information shall consist of the following data: Califonlfa Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot Ines, rights-of-way, and centerlines shown as continuous lines; full 18 48 Planning Commission Resolln No.6399 May 14, 2014 Case 5,1066 PD 314 Time Extension map annotation consistent with annotation shown on the map; map number, and map file name. G.t.S, data format shall be provided on a CDROMIDVD containing the following: ArcGiS Geodatabase, ArcView Shapenle, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microslation drawing file), OXF(AutoCAD ASCII drawing exchange file) and PDF (Adobe Acrobat 6.0 or greater) formals. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 67. The applicant shall install traffic calming measures as approved by the City Engineer.and the neighborhood, including but not limited to, an entrance statement, monument sign, or other features,at the Intersection of Mesquite Avenue and Random Road. 68. Relocate and modify the existing traffic signal at the Intersection of South Palm Canyon Drive and Mesquite Avenue, In conjunction with the associated widening of South Palm Canyon Drive. The applicant shall submit traffic signal modification plans prepared by a California registered Civil Engineer or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be Installed and operational prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. 69. Install a traffic signal at the intersection of South Palm Canyon Drive and the Main Entry. The applicant shall submit traffic signal Installation plans prepared by a California registered Civil Engineer or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be installed and operational prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. The applicant shall be responsible for 100% of the cost to design and install the traffic signal; however, the applicant's fair share cost of this Improvement is 50%. Any other developer's fair share costs that the City may receive for this traffic signal may be reimbursed to the applicant subject to the terms of a reimbursement agreement, up to a maximum of 50%of the total cost 70. if reimbursement of costs associated with traffic mitigation measures Is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Reimbursement Agreement and a $2,500 deposit for City staff time associated with the preparation of the Reimbursement Agreement, including City Attorney fees. The applicant shall be responsible for payment of all associated staff time and expenses necessary in the preparation and processing of the Reimbursement Agreement with the City Council, and shall submit additional deposits as necessary when requested by the City, which are Included in the amount that may be reimbursed to the applicant through the Reimbursement Agreement The Reimbursement Agreement is subject to the City Councirs review and approval, and its approval is not guaranteed nor Implied by this condition. 71. Install traffic striping and signage Improvements at the intersection of South Palm Canyon Drive and Mesquite Avenue to provide a 12 feet wide westbound left-turn lane, and a 14 feet wide exclusive westbound right-tum lane. Parking shall be prohibited along the north side of Mesquite Avenue, west of the Mesquite Avenue driveway. Submit traffic striping and signage plans to the City Engineer for review and approval. Required traffic striping and signage Improvements shall be completed prior to issuance of a cute of occupancy, 72, A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap 19 49 > • ' Planning Commission Resolo w No.6399 May 14, 2014 Case 5.1056 PD 314 Time Extension accessibility. Minimum clearance on public sidewalks shall be provided by either an additional dedlostion of a sidewalk easement (If necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalk along the South Palm Canyon Drive, Mesquite Avenue, and Random Road frontages of the subject property. 73. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 74. Submit traffic striping plans for South Palm Canyon Drive and Mesquite Avenue, prepared by a Califomia registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage Improvements shall be completed in conjunction with required street Improvements, to the satisfaction of the City Engineer, and prior to Issuance of a certificate of occupancy. 75. Install a 24 Inch stop sign,stop bar, and"STOP'legend for traffic exiting the development a the secondary driveway on South Palm Canyon Drive and the Mesquite Avenue driveway, In accordance with City of Palm Springs Standard Drawing Nos. 620.625 and the California Manual on Uniform Traffic Control Devices for Streets and Hia vs dated January 13 2012 or subsequent editions In force at the thne of construction as required by the City Encineer. 76. Install stop controls at on-site street Intersections,as required by the City Engineer. 77. A decorative street light shall be provided as part of the Mesquite Avenue and Random Road intersection traffic calming program, to the satisfaction of the Director of Planning and City Engineer. The applicant shall be responsible for providing and maintaining electrical service to the decorative street light. 78. 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 barriceding shall be in accordance with Part 6 "Temporary Traffic Control'of the California Manual on Uniform Tragic Control Devices for Streets and Highways,dated AMua 13, 2012 Septernli IC 26. , or subsequent editions In force at the time of construction. 79. This property Is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to Issuance of building permit. END OF CONDITIONS 20 50 ATTACHMENT 3 51 RialtoOA46 CAPITAL ADVISORS October 26, 2017 Marcus L.Fuller,MPA, PE, PLS Assistant City Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 Re: Cameron-Palm Canyon Improvements Mr. Fuller, Thank you for taking the time to meet with our team to discuss the timing of the construction of the improvements to Palm Canyon Road and Mesquite Avenue. As was discussed at the meeting,we are prepared to commence with the "phased" construction of Palm Canyon and have asked the City to provide certain concessions with this work. Our request is for a 2-year extension,from 4/14/2018 to 4/1/2020,to the Cameron "Subdivision Improvement Agreement',recordation 2016-0164393. In exchange for the time extension we are proposing the following: Phase 1—Per the attached Phasing Exhibit Work to commence upon City Council approval of the time extension and completed by July 2018: • Work to include the demo and removal of palm trees,sidewalk and asphalt on Palm Canyon and the Mesquite intersection • Install underground landscape and lighting conduits on Palm Canyon • Install curbs, sidewalks, median island and asphalt on Palm Canyon • Install traffic signal at Mesquite and Palm Canyon • Install "right turn" pocket at Mesquite and Palm Canyon on the north side of Mesquite between Cameron Way and Palm Canyon. Phase 2 Work to be completed prior to 4/14/2020 • Install Mesquite curb cuts and sidewalks • Complete Cameron Way driveway • Install decorative neighborhood concrete drive,signage and street light • Install Palm Canyon palm trees and lighting • Install Palm Canyon median landscape and lighting 6005 Hidden Valley Road•Suite 220•Carlsbad,CA 92011 Phone:760-291-4848 CJ 2 www,rialtocapital.com RialtoaApa CAPITAL ADVISORS As you may know,financing for residential developments in the Coachella Valley has been difficult to secure. Unfortunately,a slowdown in the residential market "down valley" negatively affected capital markets for the entire valley. The slowdown was brought on by the drop in oil prices in the beginning of 2014 which resulted in a devaluation of the Canadian Dollar which in turn eliminated the Canadian buyer from the residential market. The resale and new home markets for homes reacted predictably in a negative manner since the Canadian buyer was 35%of the"down valley" market. Prices dropped, there was a flood of resale homes on the market in 2015 as Canadians sought to exit their homes and the market declined further. Several capital market players were invested in new projects in 2014 and 2015 in the"down valley" markets(both equity providers and banks) and they took losses(some major) in 2015 and 2016. That experience effectively"redlined"the Coachella Valley and for that reason capital for residential development today is virtually non-existent. As an example, one of the major lenders in the valley was Wells Fargo Bank. Wells Fargo was the construction lender for the Cameron project. But when the Cameron loan came up for renewal in 2016 the bank chose not to renew (due to their loss experiences elsewhere in the valley)which effectively stopped the Cameron project from moving forward. That being said,the overall residential market in the valley has improved somewhat in 2017 and at some point the pendulum will swing back to a more balanced capital market. The Palm Springs residential market is leading the way and has been a beacon of light during the past three years. But until there is "capital provider" confidence in the entire valley it will remain a difficult proposition in the near term. Knowing that things will change for the better(just not knowing when)we remain committed to the Cameron project and acknowledge the City's desire to have the Palm Canyon Improvements completed. Given current capital market conditions,we are proposing to improve the majority of the Palm Canyon improvements (with internal capital) in exchange for the City's agreeing to extend the Subdivision Agreement for the time period outlined above. We request the City's approval of our phased approach (per the attached Phasing Map)to the Palm Canyon improvements and the time extensions of our Subdivision Agreement. Please contact me the event you have additional questions or require additional information. I may be reached at Cell: (858)472-0375 or email: will.stout@rialtocapital.com. Sincerely, Will Stout Vice President, Rialto Capital Advisors 6005 Hidden Valley Road•Suite 220•Carlsbad,CA 92011 Phone:760-291-4848 C 9 www.rialtocapital.com J J ! _ _ a _ i STREET IMPROVEMENT PLANS for TRACT No. 33575 Palm Springs, California M0014TLVCTrM WTH 6 GUM" Gock t1TwKit _ LL WTti fll171 MMb1I �?'..Y..K»Yw.Y.. ••w• ly '�- fy�tlR• wL�u.w.Y wai �an"ila aia�ww w'�w.a we+4w. w wwe R.r+w.ww� .:..m w:wvwn`i�i`ww o-nrdror'Lw°ia« Lww.N-,rJr Jru<r.w ti/<.i�('1@'LQ�.sp1�Miii�s�Y�Iyh�ewgYYMwI�l.bWaWtlray6�I rr�<Yer<<mwlw[«7PrauLLYwamifK�7wNf[•u.yriH\L&.m1ll.Ss•NN 4T•rf t'.!rNrrrfNrrff rrM./r'i<Iaa�Y•wrfrll•fY(hw��rM'whZH'w.Mca,»YY LY'Y��Pw<\yw��tY'�WlYiaN<..afYMdw rM.rrr�Yr[.�q�:.w MaiiVrM tA:[wY.wM r4.w✓M/M s4MY�.Lrrap w�1 r�»MlYl_lp iuiuw»�haMwdYyPIrl.rlW«.i�.'{.wLI.Y N'Y{LlIIl./MCKppR 4r�<lmL�e[Yf Kl.h</r•3�si1,.YY((Y<Y�,�l iNf O,Y•/f��mM�sY�K l{ClAry+rWm_a tpAy..4AM<.M�YV/\FrJmp1l._!Mw p/r�Y_f<ZVM_�L{�<Y_iRffpwy1MfmL_LlyywYsMA��m._�w•aT v.w.1_a c y lwkf.._wD<Y..T�.f_•/,fLiwcbrl-.'uW=l4y_i OI 1m[�<MWW-K_Y!Yl,wl=/Lm_T<y.c_C P DNI;.Ms_srrimo-iY_s�i_<�D_Ttr_DM•�___s_---__ N._ ----_--- �..,.bw YLL++w�•r!mWY4KY<L/Ly✓Rn.IIa i!rI k I/i•r. 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S7Rl2T PLAN — XSYQUMS A MW �K f ,vG+T" GON57�lYGTE-D ,t�.r-r-sty GTI 07 ATTACHMENT 4 57 RialtooA;& CAPITAL ADVISORS March 15,2018 Mr.Marcus Fuller Assistant City Manager City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 Re: The Cameron/Extension Request/Subdivision Improvement Agreement Dear Mr. Fuller Rialto Capital Management is the owner of the Cameron property in the City of Palm Springs located on South Palm Canyon Drive. Rialto is requesting an extension to the existing Subdivision Improvement Agreement(SIA)for a period of one year from its current expiration date with an automatic additional one year extension should the work as outlined below be completed prior to the initial one year extension. Rialto is ready to proceed with the improvements to South Palm Canyon Drive and a portion of E.Mesquite Avenue. Plans for the work have been approved by the City Staff and we have entered into a contract to commence the work. In addition,Rialto is preparing a landscape and fence plan for the perimeter of the property which will be submitted to the City Staff the week of March 26,2018 for your review. The plan will include a tubular steel fence around the entire as well as drought tolerant landscaping in the areas between the fence and the surrounding streets(Palm Canyon,Mesquite and Random Road). Rialto is prepared to start the work on Palm Canyon and Mesquite in May 2018 and the fencing and landscaping once the Palm Canyon and Mesquite work is completed. Rialto is planning on selling the site once the Palm Canyon and Mesquite work is completed. The new buyer of the property will need more than the initial one year extension to the SIA to complete the in-tract work. Thus the need for the automatic additional one year extension once the Palm Canyon and Mesquite work is completed and the fencing/landscaping work is completed. Rialto views the requested extensions to the SIA as outlined above as reasonable and timely given the work outlined above needs to be completed during the"non-peak season" and further to address the adjacent neighborhood's desire for certain improvements to be made to the property. Rialto requests that the Extension of the SIA be calendared and approved by the City Council in April 2018. Respectfully, William Stout cc:Honorable Council Member Lisa Middleton 15 Enterprise •Suite 445 •Aliso Viejo,CA 92656 Phone:949-389-1400 p www.rialtocapital.com O ATTACHMENTS 59 _- - WOODBRIDGE PACIFIC GROUP AO- SEE MATCHLINE -OA SEE THIS SHEET I \ SOUTH PALM CANYON DR. • �i c \` , , - u y pG y I F z- of mm � so rn y \ N \ 1 P� \ \ram r •� ,,, LU \ �LU U0 W LU •per `r-; � � \ o- L ` z k� I.IGI:VD...,.. ©- SEE MATCHLIN E A smn.vans SEE THIS SHEET I MARCH13,1018 B TUBULAR STEEL FFNC'l: NT? o GRAPHIC SCALE S J 11 zv a zv m 1—d..... rYi,e •re xnie r-m l...,.s _ CAMERON 1—d v - TEMPORARYSTREETSCAPE SHEET I OF WOODBRIDGE _ PACIFIC GROUP $MN 7�a 453. PALM X-A DR. , 's 7+0 O 1 _.Sou J4�Q0 n t00 _76±00 it 1 - - i O I i D - SEEMATCHLINE -OD ! VEHICULAR GATE J ROIIIAF.RS 12'-26' 15GALLONPAL0 VER TREES FENCE-SEE DETAILB J� O SEE THIS SHEET IQTV.63 TOTM.I SIIFF.T 1 IS GALLONPALOVEROE TREES BOULDERS I2'-24' FENCE-SEE DETALLB ,Qrr 63 TMM.1� sHFFTI ©- SEE MATCHLINESEE THIS SHEET 3 -© 1 - BR HR HR 1 �I #il 1 BR GR � I ki 1 1 � • cam a- - - - I z - mr — �LU - RAN OMRD 1 MARCH I3,N11N l i I GRAPHIC SCALE GRAPHIC SCALE P a A R M 0 M w ',, /n,/mope arel�reerur, $.a V-o CAMERON TEMPORARYSTREETSCAPE .SHFFT20F3 WOODBRIDGE -- - -- - - - OD - SEE MATCHLINE -OD PACIFIC GROUP SEE THIS SHEET 2 I � I •P I A i I - FENCE-SEER AILB -- SHEET I 1 I �! i LEGEND en�.oEu Ir.a• �I I { I OnrtucE u � III (Z rj� �\ � OPALO VEPO6 iPFE [FI a •• I I I J I ,SIREE7SCAPEELEVA770A' gEl NP _ 1 / MN �r I I ©- SEE MATCHLINE -© SEE THIS SHEET 2 c I n GRAPHIC SCALE GRAPHIC SCALE E7 J 0 m o m n m a m v .,..m CAMERON SC dE 1.m TEMPORARYSTREETSCAPE - _ "'''301,, - 62 ATTACHMENT 6 63 WHEN RECORDED MAIL TO: City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (Space above this line is for recorder's use) FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 33575 THIS FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT("First Amendment") is made this day of , 2018 ("First Amendment Effective Date"), by and among RREF II-DC CAMERON, LLC, a California limited liability company, ("Subdivider"), and the City of Palm Springs, a California charter city and municipal corporation ("City"). RECITALS A. Subdivider and the City entered into that certain Subdivision Improvement Agreement dated April 19, 2016, and recorded on April 26, 2016, as Document No. 2016-0164393 in the Official Records of Riverside County, California (the "SIA"), a copy of which is attached hereto as Exhibit A and fully incorporated herein by this reference, relating to the development of the property described by Tract Map No. 33575 approved by the City and filed in 2015, (the "Property"). Initially capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Original SIA. B. As set forth in the SIA, Subdivider, has agreed to construct and install certain improvements to accommodate the development of Tract Map No. 33575. Pursuant to Section 4.1(a) of the SIA, Subdivider has provided the City with those certain bonds, a list of which is set forth on Exhibit B attached hereto and fully incorporated herein by this reference(collectively, the "Existing Security Instruments"), each as security for the Subdivider's faithful performance of the work required under the SIA, including without limitation, construction of the Works of Improvement. C. As set forth in the SIA, Subdivider, has also agreed to construct the Works of Improvement associated with Tract Map No. 33575 within a time certain. Pursuant to Section 2.1 of the SIA, Subdivider has agreed to commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans, and complete or cause to be completed all of the Works of Improvement two (2) years after the Commencement Date. D. In accordance with the SIA, Subdivider installed on the Property some on-site elements of the Works of Improvement,(the"Installed Improvements"). Subsequent to installation of the Installed Improvements,work ceased on the Property and a significant amount of the Works of Improvement have not yet been completed, and the time for completion pursuant to Section 2.1 of the SIA will lapse on or before April 19, 2018. 64 E. Subdivider, by letter dated October 26, 2017, has requested a two(2)year extension for completion of the Works of Improvement, until April 1, 2020, proposing phasing for completion of all off-site public improvements associated with the Works of Improvement, (the "Off-Site Improvements"). A copy of the Subdivider's letter of October 26, 2017, is attached hereto as Exhibit C and fully incorporated herein by this reference. F. City desires Subdivider to complete the majority of the Off-Site Improvements in Phase 1, to be completed by September 1, 2018, subject to the terms and conditions of this First Amendment to the SIA. As a condition precedent to the City's approval of this First Amendment, Subdivider has agreed to City's request to complete the majority of the Off-Site Improvements in Phase 1 by September 1, 2018, by letter dated March 15, 2018, a copy of which is attached hereto as Exhibit D and fully incorporated herein by this reference. G. City and Sudivider further desire to amend the SIA as further set forth herein in order to(1)allow Subdivider to complete the remaining Works of Improvement,and(2)to extend the time period for performance of the SIA pursuant to the provisions of this First Amendment. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows. 1. Amendments to SIA: Extensions of Time Periods for Performance. The SIA contains various dates for performance and the obligation for continuous performance by Subdivider following the commencement of construction of the Works of Improvement(as required by Section 2.1 of the SIA)that have not been met. To address this and to extend the time period for performance of obligations under the SIA, City and Subdivider hereby agree to amend the SIA as set forth below. 1.1 Commencement and Completion Dates. Notwithstanding any other provision of the SIA to the contrary: 1.1.1 The definition of"Commencement Date" as that term is used in Section 2.1 of the SIA shall be the Effective Date of the SIA, or April 19, 2016, (the "Revised Commencement Date"). 1.1.2 The"Completion Date"as that term is used in the SIA shall be the date that is three (3) years following the Revised Commencement Date, subject to the conditions specified in Section 1.2 of this First Amendment. 1.1.3 The Completion Date may be extended by subsequent periods of time, in the City's sole discretion, upon a demonstration of good cause by Subdivider, subject to the review and approval by the City Council. 65 1.2 Conditions for Approval of the First Amendment. Subdivider hereby agrees to the following obligations associated with the City's approval of this First Amendment: 1.2.1 To obtain and pay for City construction and encroachment permits as may be necessary to commence with construction by May 1, 2018, and cause to be completed by September 1, 2018, the following off-site public improvements: • Demolition and removal of all existing palm trees, public sidewalk improvements, curb and gutter, and asphalt concrete pavement on Palm Canyon Drive and the Mesquite Avenue to accommodate the widening of these streets in accordance with the approved Plans. • Installation of underground landscape and lighting conduits on Palm Canyon Drive. • Installation of curbs, sidewalks, median island and asphalt concrete pavement on Palm Canyon Drive in accordance with the approved Plans. • Installation of the traffic signal improvements at Mesquite Avenue and Palm Canyon Drive in accordance with the approved Plans. • Installation of the "right turn" pocket at Mesquite Avenue and Palm Canyon Drive on the north side of Mesquite Avenue between Cameron Way and Palm Canyon Drive in accordance with the approved Plans. • Installation of new palm trees, irrigation system, and landscape lighting and electrical improvements along the Palm Canyon Drive easterly parkway, in accordance with the approved Plans. • Installation of new median landscaping, irrigation system, and landscape lighting and electrical improvements within Palm Canyon Drive, in accordance with the approved Plans. 1.2.2 To file an application for Minor Architectural Approval with the City's Planning Services Department for review and approval by the City's Architectural Advisory Committee, (the "AAC"), that certain "Cameron Temporary Streetscape" plan attached hereto as Exhibit E and fully incorporated herein by this reference. Subdivider agrees to revise the "Cameron Temporary Streetscape" plan as reasonably requested by the AAC. 1.2.3 To commence with the installation of the perimeter fencing and temporary landscaping improvements contemplated by the "Cameron Temporary Streetscape" plan as approved by the AAC, following completion of the off-site public improvements identified in Section 1.2.1 of this First Amendment, and within sixty (60) days thereof. 66 2. Effect of Assignment on Interpretation of SIA. 2.1 Interpretation of SIA. The City and Subdivider hereby acknowledge and agree that,from and after the First Amendment Effective Date, certain rights,duties and obligations under the SIA shall be interpreted as follows: 2.1.1 Terms; No Other Changes. Unless otherwise expressly indicated herein, all references in the SIA and in this First Amendment to"this Agreement" or the "SIA" shall mean and refer to the SIA as modified by this First Amendment and other than the amendments and changes herein, all provisions of the SIA remain unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of the SIA and this First Amendment, the terms of this First Amendment shall control. 3. Miscellaneous Provisions. 3.1 Entire Agreement. This First Amendment, together with the SIA, constitutes the entire agreement between the parties in regards to the subject matter contained herein. 3.2 Recitals. The Recitals above are incorporated herein by reference. 3.3 Governing Law.This First Amendment shall be governed by, interpreted under, and construed and enforceable in accordance with the laws of the State of California. 3.4 Interpretation. All of the parties hereto have been represented by legal counsel of their choice are not relying on any statement of the other party in entering herein. Each party has cooperated and participated in the drafting and the preparation of this First Amendment. Hence, in any construction to be made of this Assignment, no ambiguity shall be resolved against any party by virtue of that party's participation in the drafting of this First Amendment. 3.5 Severability. If any provision, section, paragraph, clause or sentence in this First Amendment is declared to be illegal, void, invalid, or unenforceable by a court or other authority with jurisdiction thereof, the remaining provisions, paragraphs, clauses, and sentences shall be severable and shall remain in full force and effect. The parties agree that a void or invalid paragraph, clause or provision shall not affect the validity or enforceability of the remaining provisions of this First Amendment. 3.6 Counterparts. This First Amendment may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 3.7 Survival. All representations, warranties, covenants and agreements made by the parties hereunder shall be considered to have been relied upon by the parties and shall survive the execution, delivery and performance of this First Amendment and all other documents contemplated herein. 67 3.8 Successors and Assigns. This First Amendment shall be binding upon and inure to the benefit of the successors, assignees, personal representatives, heirs and legatees of Subdivider and the City and shall be binding upon and inure to the benefit of all successors and assigns to Subdivider's right, title and interest in and to the Property. 3.9 Additional Documents. Each of the parties shall each execute and deliver to the other parties, upon demand, such further documents, and shall take such further actions as are necessary or desirable to effectuate the intent and purposes of this First Amendment. 3.10 Authority. The persons signing below represent that they have the authority to bind their respective party, and that all necessary board of directors', shareholders', partners', agency's or other approvals have been obtained. SIGNATURES ON NEXT PAGE 68 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, CALIFORNIA APPROVED BY THE CITY COUNCIL: By Date David H. Ready City Manager Agreement No. ATTEST: By Anthony Mejia City Clerk APPROVED AS TO FORM: By Edward Z. Kotkin City Attorney 69 "SUBDIVIDER" RREF II-DC CAMERON, LLC, a California limited liability company By: RREF II-DC CAMERON JV MEMBER, LLC, a Delaware limited liability company Its Manager By: RIALTO REAL ESTATE FUND, LP, a Delaware limited partnership Its Sole Member By: RIALTO PARTNERS, GP, LLC, a Delaware limited liability company Its General Partner Name: Title: 70 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 } On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heJsheithey executed the same in histherltheir authorized capacay(tes), and that by hisrherttheir signature(s) on the instrument the persons), 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. WITNESS my hand and official seat. Notary V>ublc SignaWfe tWary Pubwc Seim) ADDITIONAL OPTIONAL INFORMATION rh,.r> ==i&iaraea.art 4uaew»t(at4wwa irw tes regarding&wan manh X iaAd DESCPJPTIONOF THE ATTACHED C)ocWENT �iJrjt,*Aadj h-;vunpj�f*4 Ond Oita,hedtaMe'kitanwoo4c#m .drdgrae»rr Jna ail bwr xaaars atar9 dar r+.mp L-trJ tiv a;&x'3Yaari'aia twin$iw t as*o state w imir ai Ow utwuknrp dt+rt naa rrquire A.,Cate/waca wwa rt to vtof aw(ar{{wnza m ran Lt. W dMfap4grt d baCrytt•:s'ft - • Sate and t`~*N intemnatum must tar the!hate aaat C'axuuti what the aiixunwww 4.iyflwltxl p.Y.exwit4 apraarwd hrfexe the fwLVN pubtw fair xtcturaieslgmcm a D41V ad wunntum m"taw the Saar this the uplrits)reaxextaily aprcmed wiwh f tld flf CI amcA�d dOCt/lalaK nigo alw taw the ea "�the"Mm SevAprnctu as'.titvtdrd • the n.xars� ptAls� in" print ha .x ha name m n ar4vws unfan hex ax Air NUITtt>Ar of I _t)Od/t'dr>t t ,„,�,�_ "Unrtnatiam MPl.naard In a caxanu and thm xxaax talc(MAWN pubhrs a prim the mvr4s)of 34xu t uricttsi wtat parrnully appru at the nmc of aourvati.Ka CAPACITY CLAIMED BY THE SIGNER • bedwatc dw tcow emfutat tx phxal t Kmt K u~MF off aacxttxl „sans I,c ir C Individual{S) +hetL-- *s 460 1 rx cKtGaag tic�zKfwl tl<* rx I ad""to cutrc>--tta andujor tha. laf.xmwium wav kai to rcyetim 44&Xumcot w xdmg 'D Corporate ofkef • the ft*a viral m4nasaKs nuts Ix 'kw Arad p1kN.ittaPriacatty repreaaAiu rile Inr"uxan naill rxx sxstrr tell or lmwa If Seat maPtr+siem srawttcs rc," d`a t suillomi atra pcttnat%.axhwmi ew nmpkw a 611-aml a4ln*s Wtrrnad Kum Panner(s) • st)r2a Wr M'thr W uti% Puhlx ni&u m mh tkr siVAaiure em file with the at!"tcr of lkh♦tvntil CLA C Attornepin-Fact 8 ?A$AxXUl maiKmaanam is Acx t poed NA e,Wkl help 61 enwiit ihn Trustee(s) ac kn.w,iratsmenl is ad aumi W m au.hai so a dilktrm&kunaont O Indxaae tine m"ric of aiinhwd J.xurtxaat nun*"of pars and Saar Other 0 traiaar tar u sii>, eItiaw by the lil4 w If au ctaatned:a{atctty is a e*Wwvur aD{ftcef.ux#Waa 7ht ntk U r t10 fill Srrrr+ %t • Sn'ur k:attx h this dimumrrK w tfw ugm^J d:xatnent with a stapk 71 Exhibit A Subdivision Improvement Agreement [attached] 72 Exhibit B Security Instruments Faithful Performance Bond — Bond No. SUR23100020; $6,000,000 Labor and Materials Bond — Bond No. SUR23100020; $3,000,000 Setting of Monuments Bond — Bond No. SUR23100022; $9,500 73 Exhibit C Subdivider's October 26, 2017, Letter [attached] 74 Exhibit D Subdivider's March 15, 2018, Letter [attached] 75 Exhibit E "Cameron Temporary Streetscape" plan [attached] 76 1.2 Conditions for Approval of the First Amendment. Subdivider hereby agrees to the following obligations associated with the City's approval of this First Amendment: 1.2.1 To obtain and pay for City construction and encroachment permits as may be necessary to commence with construction by May 1, 2018. and cause to be completed by September 1, 2018, the following off-site public improvements. • Demolition and removal of all existing palm trees, public sidewalk improvements, curb and gutter, and asphalt concrete pavement on Palm Canyon Drive and the Mesquite Avenue to accommodate the widening of these streets in accordance with the approved Plans. • Installation of underground landscape and lighting conduits on Palm Canyon Drive. • Installation of curbs, sidewalks, median island and asphalt concrete pavement on Palm Canyon Drive in accordance with the approved Plans. • Installation of the traffic signal improvements at Mesquite Avenue and Palm Canyon Drive in accordance with the approved Plans. • Installation of the 'right turn" pocket at Mesquite Avenue and Palm Canyon Drive on the north side of Mesquite Avenue between Cameron Way and Palm Canyon Drive in accordance with the approved Plans. • Installation of new palm trees, irrigation system, and landscape lighting and electrical improvements along the Palm Canyon Drive easterly parkway, in accordance with the approved Plans. • Installation of new median landscaping, irrigation system, and landscape lighting and electrical improvements within Palm Canyon Drive, in accordance with the approved Plans. 1.2.2 To clean the entire protect site, remove any excess stockpiles of dirt, remove excess materials and exposed pipes, and re-seal the entire project site for dust control purposes, all to the satisfaction of the City Manager, to be completed by September 1, 2018. 1 2 21.2.3 To file an application for Minor Architectural Approval with the City's Planning Services Department for review and approval by the City's Architectural Advisory Committee, (the "AAC"), that certain "Cameron Temporary Streetscape" plan attached hereto as Exhibit E and fully incorporated herein by this reference. Subdivider agrees to revise the "Cameron Temporary Streetscape" plan as reasonably requested by the AAC. �Qttn's�d �r/St�nrt,�nr�fi To S�fxl�riJiin T►K pryrcNcrs�7' leyre&vtott A�I-f 1.2.4 To -complete the removal of all temporary construction fencing, and installation of all new perimeter fencing surrounding the entire perimeter of the site. by September 1, 2018. 4-2-41.2.5 To commence with installation of the temporary landscaping improvements contemplated by the"Cameron Temporary Streetscape" plan as approved by the AAC,following completion of the off-site public improvements identified in Section 1.2.1 of this First Amendment, and within sixty (60) days thereof. 2. Effect of Assignment on Interpretation of SIA. 2.1 Interpretation of SIA. The City and Subdivider hereby acknowledge and agree that,from and after the First Amendment Effective Date, certain rights,duties and obligations under the SIA shall be interpreted as follows: 2.1.1 Terms; No Other Changes. Unless otherwise expressly indicated herein, all references in the SIA and in this First Amendment to"this Agreement" or the "SIA" shall mean and refer to the SIA as modified by this First Amendment and other than the amendments and changes herein, all provisions of the SIA remain unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of the SIA and this First Amendment, the terms of this First Amendment shall control. 3. Miscellaneous Provisions. 3.1 Entire Agreement. This First Amendment,together with the SIA,constitutes the entire agreement between the parties in regards to the subject matter contained herein. 3.2 Recitals. The Recitals above are incorporated herein by reference. 3.3 Governing Law.This First Amendment shall be governed by, interpreted under, and construed and enforceable in accordance with the laws of the State of California. 3.4 Interpretation. All of the parties hereto have been represented by legal counsel of their choice are not relying on any statement of the other party in entering herein. Each party has cooperated and participated in the drafting and the preparation of this First Amendment. Hence, in any construction to be made of this Assignment, no ambiguity shall be resolved against any party by virtue of that party's participation in the drafting of this First Amendment. 3.5 Severability. If any provision, section, paragraph, clause or sentence in this First Amendment is declared to be illegal, void, invalid, or unenforceable by a court or other authority with jurisdiction thereof, the remaining provisions, paragraphs, clauses, and sentences shall be severable and shall remain in full force and effect. The parties agree that a void or invalid paragraph, clause or provision shall not affect the validity or enforceability of the remaining provisions of this First Amendment. From: Peter Moruzzi [mailto:oetermoruzzi@clmail.com] Sent: Friday, March 30, 2018 11:26 AM To: Marcus Fuller Cc: Lisa Middleton Subject: Cameron Subdivision Agreement Response and Recommendation Hello Marcus, First of all, thank you for negotiating what appears to be a comprehensive agreement with Rialto for the Cameron Project Subdivision Improvement Agreement (SIA). After reviewing Attachment 6 (First Amendment to Subdivision Improvement Agreement) of which staff recommends City Council approval, I would like to recommend that the Conditions for Approval under 1.2.3 be revised to be clearer and more specific, and additional conditions 1.2.4 and 1.2.5 be included as follows: 1.2.3 To complete the removal of all temporary construction fencing and installation of a 6-feet high wrought iron, black-painted fence surrounding the entire perimeter of the site by September 1, 2018. 1.2.4 To complete temporary parkway landscape improvements along the Mesquite Avenue and Random Road frontages contemplated by the "Cameron Temporary Streetscape" plan as approved by the AAC, within sixty (60) days thereof. Finally, per the discussion that occurred on-site with Councilmember Middleton, Planning Director Fagg, and Todd Cunningham, what became of the requirement that the site be cleared of exposed pipes, construction materials, etc. so that it doesn't appear as a neglected development site? Mr. Cunningham stated that this would be part of the SIA. I recommend that this be specified in the agreement, perhaps as Condition for Approval 1.2.5 1 look forward to your response. Regards, Peter Moruzzi Terri Milton From: Matt Robinson <guyinpalmsprings@gmail.com> Sent: Sunday,April 01,2018 3:20 PM To: CityClerk; Robert Moon;JR Roberts;Christy Holstege;Lisa Middleton; Geoff Kors Subject: Camron development Greetings Council Members I see the stalled Camron development is on the agenda. I view plan amendments as an opportunity to trade what the developer wants for fixing blight by the developer. If we don't negotiate we get nothing. The Palm Canyon Drive sidewalks along the project are a disaster and liability, the fencing on the curb along Mesquite Ave and Random Road prevent passengers exiting a parked car. I know this blighted lot well, I opened the Triangle Inn just behind the lot in 1989, chasing illegal dumpers was a regular part of my life. What I am asking is for you to consider requiring all sidewalks, perimeter block walls and final landscaping be done now as a trade for the amendment requested. Further if the commerce frontage is delayed, the Palm Canyon Drive construction should be moved back from the new sidewalk and landscape installed between the sidewalk and construction fencing to screen the construction fencing. If you won't require a perimeter clean up today, perhaps require a bond for the city to execute say in 18 months? The vacant lot looked better and the construction fencing ordinance only allows construction fencing on active sites. I am not aware of the size of the change the developer is requesting, but if substantial, it might be right to also request a low income housing fund contribution in trade for their request. Thanks for your consideration Matt Robinson i Terri Milton From: Jeffrey Fischer<JeffreyFischer@msn.com> Sent: Wednesday,April 04,2018 11:18 AM To: CityClerk; Lisa Middleton;Robert Moon;Geoff Kors;JR Roberts;Christy Holstege Subject: Cameron SIA Vote, Lack of Comminuty Involvement/Notice Date:April 4, 2018 To: Palm Spring City Council (City.Clerk@palmspringsca.gov, Lisa.Middleton@ palmspringsca.gov, Robert.Moon@ pal mspringsca.gov, Geoff.Kors@pa l msprl ngsca.ggv JR.Roberts(cDpalmspringsca.gov,Christy.Holstege@palmspringsca.gov) RE:City Proposal to Amend the Cameron "Subdivision Improvement Agreement(SIA)"set to expire 4/19/18,City Council meeting on 4/4/18 at 6:00 pm at 3200 E Tahquitz Canyon Way I am quite concerned that the City of Palm Springs did not offer residents most effected by the Cameron Project the ability to give input regarding the Cameron land "prior"to the April 4`h city council meeting. City personnel should have given many weeks of prior notice to the Tahquitz River Estates Neighborhood Organization(TREND)so that the organization/TREND residents could have been involved in discussions with the city and the developer regarding the future state of the Cameron land. There is a very good chance that the Cameron land will remain undeveloped for many years. The mutual goal is to make the undeveloped Cameron land as visually appealing as possible. The TRENO community will be significant impacted by proposed amendment to the SIA. TRENO neighbors are the one who will have to look at the Cameron undeveloped land EVERY DAY for years to come. Community input is critical. 1) Therefore, I recommend that the City Council first seek community involvement before voting on the proposal reflected in the"City Council Staff Report'dated 4/4/18. 2) Since the SIA is set to expire on 4/19/18 1 recommend that the City Council vote to extend the expiration of the SIA to a future date such as 5/31/18 or 6/30/18. 3) This temporary extension will allow enough time so that a meeting can occur between residents,the City,and the developer. A two-minute statement at the 4/4 council meeting does not allow for reasonable input that could"actually shape the future landscaping" of the Cameron project. The community must have a say in the future landscaping of this project as we are the one most affected by it. We are the one who will have to look at this undeveloped land for years to come. 1 Terri Milton From: Matthew B. Lieberman<matthew_lieberman@yahoo.com> Sent: Wednesday,April 04,201811:51 AM To: CityClerk; Lisa Middleton;Robert Moon; Geoff Kors;JR Roberts;Christy Holstege Subject: City Proposal to Amend the Cameron "Subdivision Improvement Agreement(SIA)"set to expire 4/19118, City Council meeting on 414118 As a homeowner on Riverside Drive, I am quite concerned that the City of Palm Springs did not offer residents most effected by the Cameron Project the ability to give input regarding the Cameron land "prior"to the April 4th city council meeting. City personnel should have given many weeks of prior notice to the Tahquitz River Estates Neighborhood Organization (TREND)so that the organization/TRENO residents could have been involved in discussions with the city and the developer regarding the future state of the Cameron land. There is a very good chance that the Cameron land will remain undeveloped for many years. The mutual goal is to make the undeveloped Cameron land as visually appealing as possible. The TRENO community will be significant impacted by proposed amendment to the SIA. TRENO neighbors are the one who will have to look at the Cameron undeveloped land EVERY DAY for years to come. Community input is critical. 1)Therefore, I recommend that the City Council first seek community involvement before voting on the proposal reflected in the"City Council Staff Report"dated 414118. 2)Since the SIA is set to expire on 4/19/18 1 recommend that the City Council vote to extend the expiration of the SIA to a future date such as 5/31/18 or 6130/18. 3)This temporary extension will allow enough time so that a meeting can occur between residents,the City, and the developer. A two- minute statement at the 4/4 council meeting does not allow for reasonable input that could "actually shape the future landscaping"of the Cameron project. The community must have a say in the future landscaping of this project as we are the one most affected by it.We are the one who will have to look at this undeveloped land for years to come. Regards, Matthew Lieberman i Terri Milton From: Cindra Stolk<cstolk@federaledge.com> Sent: Wednesday,April 04,201811:55 AM To: CityClerk Cc: Lisa Middleton; Robert Moon; Geoff Kors;JR Roberts;Christy Holstege Subject: City Proposal to Amend the Cameron "Subdivision Improvement Agreement(SIA)"set to expire 4/19/18, City Council meeting on 4/4118 at 6:00 pm at 3200 E Tahquitz Canyon Way Importance: High To: Palm Spring City Council, I am quite concerned that the City of Palm Springs did not offer residents most affected by the Cameron Project the ability to give input regarding the Cameron land "prior'to the April 4th city council meeting. City personnel should have given many weeks of prior notice to the Tahquitz River Estates Neighborhood Organization(TRENO)so that the organization/TREND residents could have been involved in discussions with the city and the developer regarding the future state of the Cameron land. There is a very good chance that the Cameron land will remain undeveloped for many years. The mutual goal is to make the undeveloped Cameron land as visually appealing as possible. The TREND community will be significant impacted by proposed amendment to the SIA. TRENO neighbors are the one who will have to look at the Cameron undeveloped land EVERY DAY for years to come. Community input is critical._ 1) Therefore, I recommend that the City Council first seek community involvement before voting on the proposal reflected in the"City Council Staff Report'dated 4/4/18. 2) Since the SIA is set to expire on 4/19/18 1 recommend that the City Council vote to extend the expiration of the SIA to a future date such as 5/31/18 or 6/30/18. 3) This temporary extension will allow enough time so that a meeting can occur between residents,the City, and the developer. A two-minute statement at the 4/4 council meeting does not allow for reasonable input that could"actually shape the future landscaping" of the Cameron project. The community must have a say in the future landscaping of this project as we are the one most affected by it. We are the one who will have to look at this undeveloped land for years to come. Regards, Cindra Tahquitz River Estate homeowner Cindra Stolk-President Federal Edge, Inc A Small Woman Owned Business 1105 N Gene Autry Trail, Suite C, Palm Springs, CA 92263 Office: (951) 683-5024 Fax: (760) 318-1162 West Edge Technologies is a commercial division of Federal Edge Inc. Disclaimer:This e-mail is intended only for the person addressed.It may contain confidential information and/or privileged material.If you receive this in error,please notify the sender immediately and delete the information from your computer.Please do not copy or use it for any purpose nor disclose its contents to any other person. 1 illl Terri Milton From: sisingerl@aol.com Sent: Wednesday,April 04,2018 11:55 AM To: CityClerk;Lisa Middleton; Robert Moon; Geoff Kors;JR Roberts; Christy Holstege Subject: City Proposal to Amend the Cameron"Subdivision Improvement Agreement(SIA)"set to expire 4/19118,City Council meeting on 4/4/18 at 6:00 pm at 3200 E Tahquitz Canyon Way To whom it may concern: I am quite concerned that the City of Palm Springs did not offer residents most effected by the Cameron Project the ability to give input regarding the Cameron land "prior"to the April 4th city council meeting. City personnel should have given many weeks of prior notice to the Tahquitz River Estates Neighborhood Organization (TREND) so that the organizationfTRENO residents could have been involved in discussions with the city and the developer regarding the future state of the Cameron land. There is a very good chance that the Cameron land will remain undeveloped for many years. The mutual goal is to make the undeveloped Cameron land as visually appealing as possible. The TRENO community will be significant impacted by proposed amendment to the SIA. TRENO neighbors are the one who will have to look at the Cameron undeveloped land EVERY DAY for years to come. Community input is critical. 1) Therefore, I recommend that the City Council first seek community involvement before voting on the proposal reflected in the "City Council Staff Report" dated 414/18. 2) Since the SIA is set to expire on 4/19/18 1 recommend that the City Council vote to extend the expiration of the SIA to a future date such as 5/31/18 or 6/30/18. I i h meeting can occur between residents the City, and the 3) This temporary extension will allow enough time sot at a g ty, developer. A two-minute statement at the 4/4 council meeting does not allow for reasonable input that could "actually shape the future landscaping" of the Cameron project. The community must have a say in the future landscaping of this project as we are the one most affected by it.We are the one who will have to look at this undeveloped land for years to come. Thank you for considering this input. Scott Singer 1257 S Riverside Drive 1 Terri Milton From: Dana Dukelow<dana@dukelow.com> Sent: Wednesday,April 04,201812:02 PM To: CityClerk;Lisa Middleton; Robert Moon; Geoff Kors;JR Roberts; Christy Holstege Subject: RE: Cameron Project-City Proposal to Amend the Cameron "Subdivision Improvement Agreement(SIA)"set to expire 4/19/18, Importance: High I am quite concerned that the City of Palm Springs did not offer residents most effected by the Cameron Project the ability to give input regarding the Cameron land "prior"to the April 41h city council meeting. City personnel should have given many weeks of prior notice to the Tahquitz River Estates Neighborhood Organization(TREND)so that the organization/TRENO residents could have been involved in discussions with the city and the developer regarding the future state of the Cameron land. There is a very good chance that the Cameron land will remain undeveloped for many years. The mutual goal is to make the undeveloped Cameron land as visually appealing as possible. The TRENO community will be significant impacted by proposed amendment to the SIA. TRENO neighbors are the one who will have to look at the Cameron undeveloped land EVERY DAY for years to come. Community input is critical._ 1) Therefore, I recommend that the City Council first seek community involvement before voting on the proposal reflected in the"City Council Staff Report" dated 4/4/18. 2) Since the SIA is set to expire on 4/19/18 1 recommend that the City Council vote to extend the expiration of the SIA to a future date such as 5/31/18 or 6/30/18. 3) This temporary extension will allow enough time so that a meeting can occur between residents,the City,and the developer. A two-minute statement at the 4/4 council meeting does not allow for reasonable input that could "actually shape the future landscaping" of the Cameron project. The community must have a say in the future landscaping of this project as we are the one most affected by it. We are the one who will have to look at this undeveloped land for years to come. Dana Dukelow 241 E Morongo Rd Palm Springs, CA 92264 323-394-1909 cell 1 Terri Milton From: mverlengia@dc.rr.com Sent: Wednesday,April 04,2018 1:35 PM To: CityClerk Subject: City Proposal to Amend the Cameron"Subdivision Improvement Agreement Date: April 4, 2018 RE: City Proposal to Amend the Cameron "Subdivision Improvement Agreement (SIA)" set to expire 4/19/18,City Council meeting on 4/4/18 at 6:00 pm at 3200 E Tahquitz Canyon Way As a resident since 1971, it is beyond overdue.The sidewalks neglected by everyone-the property- please treat the area at mesquite as you do in all of PS. My guest fell on that sidewalk and no response received on who is responsible.The street is too dark. Please respect the same rules we must respect as part of the city! We agree with the rest also, but please decades of excuses? Enough. Please make it safe clean and beautiful-just as beautiful as north palm canyon and downtown. I am quite concerned that the City of Palm Springs did not offer residents most effected by the Cameron Project the ability to give input regarding the Cameron land "prior" to the April 4th city council meeting. City personnel should have given many weeks of prior notice to the Tahquitz River Estates Neighborhood Organization (TREND) so that the organization/TREND residents could have been involved in discussions with the city and the developer regarding the future state of the Cameron land. There is a very good chance that the Cameron land will remain undeveloped for many years. The mutual goal is to make the undeveloped Cameron land as visually appealing as possible. The TRENO community will be significant impacted by proposed amendment to the SIA. TREND neighbors are the one who will have to look at the Cameron undeveloped land EVERYDAY for years to come. Community input is critical. 1) Therefore, I recommend that the City Council first seek community involvement before voting on the proposal reflected in the "City Council Staff Report" dated 4/4/18. 2) Since the SIA is set to expire on 4/19/18 1 recommend that the City Council vote to extend the expiration of the SIA to a future date such as 5/31/18 or 6/30/18. 3) This temporary extension will allow enough time so that a meeting can occur between residents,the City, and the developer. A two-minute statement at the 4/4 council meeting does not allow for reasonable input that could "actually shape the future landscaping" of the Cameron project. The community must have a say in the future landscaping of this project as we are the one most affected by it. We are the one who will have to look at this undeveloped land for years to come. Monalinda Verlengia Aloha 760-325-3978 la ndline t Terri Milton From: James Van Beek<jgvanbeek@yahoo.com> Sent: Wednesday,April 04,2018 1:41 PM To: Lisa Middleton; Robert Moon;Geoff Kors;JR Roberts; Christy Holstege; CityClerk Subject: City Proposal to Amend the Cameron"Subdivision Improvement Agreement(SIA)"set to expire 4/19/18,City Council meeting on 414/18 at 6:00 pm at 3200 E Tahquitz Canyon Way I am quite concerned that the City of Palm Springs did not offer residents most effected by the Cameron Project the ability to give input regarding the Cameron land "prior'to the April 4th city council meeting. City personnel should have given many weeks of prior notice to the Tahquitz River Estates Neighborhood Organization(TRENO)so that the organization/TREND residents could have been involved in discussions with the city and the developer regarding the future state of the Cameron land. There is a very good chance that the Cameron land will remain undeveloped for many years. The mutual goal is to make the undeveloped Cameron land as visually appealing as possible. The TRENO community will be significant impacted by proposed amendment to the SIA. TRENO neighbors are the one who will have to look at the Cameron undeveloped land EVERY DAY for years to come. Community input is critical._ 1) Therefore, I recommend that the City Council first seek community involvement before voting on the proposal reflected in the"City Council Staff Report"dated 4/4/18. 2) Since the SIA is set to expire on 4/19/18 1 recommend that the City Council vote to extend the expiration of the SIA to a future date such as 5/31/18 or 6/30/18. 3) This temporary extension will allow enough time so that a meeting can occur between residents, the City,and the developer. A two-minute statement at the 4/4 council meeting does not allow for reasonable input that could"actually shape the future landscaping" of the Cameron project. The community must have a say in the future landscaping of this project as we are the one most affected by it. We are the one who will have to look at this undeveloped land for years to come. 1 Terri Milton From: Woody Sides<wsides@yahoo.com> Sent: Wednesday,April 04, 20181:51 PM To: CityClerk; Lisa Middleton; Robert Moon; Geoff Kors;JR Roberts;Christy Holstege Subject: City Proposal to Amend the Cameron"Subdivision Improvement Agreement(SIA)"set to expire 4/19/18, City Council meeting on 4/4/18 at 6:00 pm at 3200 E Tahquitz Canyon Way I am quite concerned that the City of Palm Springs did not offer residents most effected by the Cameron Project the ability to give input regarding the Cameron land "prior"to the April 4`h city council meeting.City personnel should have given many weeks of prior notice to the Tahquitz River Estates Neighborhood Organization(TREND)so that the organization/TRENO residents could have been involved in discussions with the city and the developer regarding the future state of the Cameron land. There is a very good chance that the Cameron land will remain undeveloped for many years. The mutual goal is to make the undeveloped Cameron land as visually appealing as possible. The TRENO community will be significant impacted by proposed amendment to the SIA. TRENO neighbors are the one who will have to look at the Cameron undeveloped land EVERY DAY for years to come. Community input is critical._ 1) Therefore, I recommend that the City Council first seek community involvement before voting on the proposal reflected in the "City Council Staff Report' dated 4/4/18. 2) Since the SIA is set to expire on 4/19/18 1 recommend that the City Council vote to extend the expiration of the SIA to a future date such as 5/31/18 or 6/30/18. 3) This temporary extension will allow enough time so that a meeting can occur between residents,the City,and the developer. A two-minute statement at the 4/4 council meeting does not allow for reasonable input that could "actually shape the future landscaping"of the Cameron project. The community must have a say in the future landscaping of this project as we are the one most affected by it. We are the one who will have to look at this undeveloped land for years to come. Elwood (Woody)Sides Palm Springs homeowner 1 Terri Milton From: Hersin Magante<hersinm@yahoo.com> Sent: Wednesday,April 04,20181:57 PM To: CityClerk; Lisa Middleton; Robert Moon;Geoff Kors;JR Roberts;Christy Holstege Subject: City Proposal to Amend the Cameron"Subdivision Improvement Agreement(SIA)"set to expire 4119/18,City Council meeting on 414/18 at 6:00 pm at 3200 E Tahquitz Canyon Way Dear Palm Springs City Council, I am quite concerned that the City of Palm Springs did not offer residents most effected by the Cameron Project the ability to give input regarding the Cameron land `prior"to the April 41h city council meeting. City personnel should have given many weeks of prior notice to the Tahquitz River Estates Neighborhood Organization (TREND)so that the organization/TRENO residents could have been involved in discussions with the city and the developer regarding the future state of the Cameron land. There is a very good chance that the Cameron land will remain undeveloped for many years. The mutual goal is to make the undeveloped Cameron land as visually appealing as possible. The TRENO community will be significant impacted by proposed amendment to the SIA. TRENO neighbors are the one who will have to look at the Cameron undeveloped land EVERY DAY for years to come. Community input is critical._ 1) Therefore, I recommend that the City Council first seek community involvement before voting on the proposal reflected in the"City Council Staff Report"dated 4/4/18. 2) Since the SIA is set to expire on 4/19/18 1 recommend that the City Council vote to extend the expiration of the SIA to a future date such as 5/31/18 or 6/30118. 3) This temporary extension will allow enough time so that a meeting can occur between residents, the City, and the developer. A two-minute statement at the 414 council meeting does not allow for reasonable input that could "actually shape the future landscaping"of the Cameron project. The community must have a say in the future landscaping of this project as we are the one most affected by it. We are the one who will have to look at this undeveloped land for years to come. Sincerely, Hersin Magante & Don Haisch 1 Cindy Berardi From: Anthony Mejia Sent: Wednesday, April 4, 2018 1:33 PM To: Cindy Berardi Subject: FW: City Proposal to Amend the Cameron "Subdivision Improvement Agreement(SIA)" set to expire 4/19/18, City Council meeting on 4/4/18 at 6:00 pm at 3200 E Tahquitz Canyon Way From: Naomi Langbecker [mailto:na313to@yahoo.com] Sent:Wednesday, April 4, 2018 1:30 PM To: Robert Moon <Robert.Moon PpaImspringsca.gov>; Christy Holstege <Christy.Holstege@palmspringsca.gov>;JR Roberts<JR.Roberts@paImspringsca.gov>; Lisa Middleton<Lisa.Middleton@palmspringsca.gov>; Geoff Kors <Geoff.Ko rsO Pa I msp ri ngsca.gov>; Anthony Mejia <Anthony.Melia@palmspringsca.gov> Subject: City Proposal to Amend the Cameron "Subdivision Improvement Agreement (SIA)" set to expire 4/19/18, City Council meeting on 4/4/18 at 6:00 pm at 3200 E Tahquitz Canyon Way Dear Mayor Moon, Honorable Council Members and Mr. Mejia, I am a 6 year resident and homeowner in the Tahquitz Creek Neighborhood and am very concerned that the City of Palm Springs did not offer residents most effected by the Cameron Project the ability to give input regarding the Cameron land "prior"to the April 4th city council meeting. City personnel should have given many weeks of prior notice to the Tahquitz River Estates Neighborhood Organization (TREND) so that the organization/TREND residents could have been involved in discussions with the city and the developer regarding the future state of the Cameron land. There is a very good chance that the Cameron land will remain undeveloped for many years. The mutual goal is to make the undeveloped Cameron land as visually appealing as possible. The TRENO community will be significant impacted by proposed amendment to the SIA. TRENO neighbors are the one who will have to look at the Cameron undeveloped land EVERY DAY for years to come. Community input is critical. 1) Therefore, I recommend that the City Council first seek community involvement before voting on the proposal reflected in the "City Council Staff Report" dated 4/4/18. 2) Since the SIA is set to expire on 4/19/181 recommend that the City Council vote to extend the expiration of the SIA to a future date such as 5/31/18 or 6/30/18. 3) This temporary extension will allow enough time so that a meeting can occur between residents, the City, and the developer. A two-minute statement at the 4/4 council meeting does not allow for reasonable input that could "actually shape the future landscaping" of the Cameron project. The community must have a say in the future landscaping of this project as we are the one most affected by it. We are the one who will have to look at this undeveloped land for years to come. Thank you for your time and contributions to the city. Respectfully, Naomi Langbecker 1177 S Camino Real Palm Springs Ca 92264 t