HomeMy WebLinkAbout2/21/2018 - STAFF REPORTS - 1.E. o� PALM S,e4
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4t1F0%*" City Council Staff Report
Date: February 21, 2018 CONSENT CALENDAR
Subject: APPROVAL OF TRACT MAP 37210 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH THE RIV, LP, A CALIFORNIA
LIMITED PARTNERSHIP
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY:
Amir Engineering, Inc representing The RIV, LP, a California Limited Partnership, (the
"Developer '), has requested approval of a final map for Tentative Tract Map 37210 to
subdivide a vacant 5.22 acre parcel into 64 condominium residential units. Approval of
a final map for Tentative Tract Map 37210 is a ministerial action, as required by the
Municipal Code and the Subdivision Map Act. All prior discretionary actions have
occurred allowing for the City's ministerial approval of the final map.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 37210 AND
AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH THE RIV, LP,
A CALIFORNIA LIMITED PARTNERSHIP, FOR PROPERTY LOCATED AT 2000
NORTH INDIAN CANYON DRIVE, IN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4
EAST."
BUSINESS PRINCIPAL DISCLOSURE:
A search of records available through the Secretary of State of California shows that a
Certificate of Limited Partnership (LP) was filed on March 22, 2017, for The Riv, LP, a
California limited partnership, (hereafter "Riv LP"). The partners and ownership interests
associated with Riv LP consist of multiple business entities and individuals more
specifically listed on Attachment 1.
The following natural persons have been identified as having an ownership interest in
either Riv LP itself or the various business entities constituting the Riv LP: Dennis A.
Cunningham, Andrea C. Cunningham, Minoru Chen, Mark Ferraro, Heidi Ferraro, Vicki
Chen, Pierce H McDowell III, Al W. King III, Daniel Worthington, Dan Kirby, Jacalyn M
ITEM NO.I=_
City Council Staff Report
February 21, 2018 - Page 2
Approve TM 37210—"64@RIV°
Bunkers, Matthew Tobin, Josephine Shaw, James A. F. Wadham, Conley Brooks,
Junior Tobin, Darin Downey, Karl Loepp, Randy McKnight, Ryan Johnston, Gayda
Loepp, Lori McKnight, Shawn Pierce, and Mark Patzer.
BACKGROUND:
At its meeting on January 11, 2017, the Planning Commission recommended approval
of Tentative Tract Map 37210 (TTM 37210) for the subdivision of 5.22 acres into 64
condominium residential units, which was subsequently approved by the City Council,
subject to conditions, on February 15, 2017, TTM 37210 is also referred to as the
"64@RIV" project adjacent to the Riviera Hotel.
Subsequently, on February 15, 2017, the City Council conditionally approved TTM
37210, including the associated architectural and landscape plans for the 64-unit
condominium development identified by the Major Architectural Application (Case No.
3.3963), and the combined Preliminary/Final Planned Development District (Case No.
5.1395 / PDD-383).
Pursuant to the prior discretionary entitlements approved by the Council on February
15, 2017, the Developer requests that the property located at 2000 North Indian Canyon
Drive, in Section 2, Township 4 South, Range 4 East, be subdivided into a 1-lot tract
map for the purposes of constructing a 64-unit condominium development. A site map
is provided below and a Vicinity Map is included as Attachment 2. A copy of the final
map for TTM 37210 is included as Attachment 3.
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TM 37210 "64@RIV" Site Map 02
City Council Staff Report
February 21, 2018- Page 3
Approve TRACT MAP 37210—"64@RIV"
In this case, the Developer commenced construction of the on-site and off-site public
improvements required for TTM 37210, which were estimated to cost $540,000. As
these improvements have not yet been formally approved and accepted by the City
Council, it is necessary to ensure for their completion, and a 1-year warranty for repairs,
pursuant to a Subdivision Improvement Agreement (the "SIA"). In accordance with the
SIA, the 1-year maintenance and warranty security is established at 15% of the
estimated cost of the public improvements, or in this case at $80,600. The SIA will also
secure the cost of setting survey monumentation required of the final map. In
accordance with Section 66462 of the California Government Code, it is necessary for
the City to enter into the SIA; a copy of the SIA with associated securities is included as
Attachment 4.
The City Engineer has determined that required conditions of approval associated with
TTM 37210 have been satisfied, that Tract Map 37210 is in substantial conformance
with the approved Tentative Tract Map, and that Tract Map 37210 is ready for City
Council approval.
ENVIRONMENTAL IMPACT:
The "64@RIV" project, identified by Case No. 5.1395, Planned Development District
(PD) 383 /3.3963, and Tentative Tract Map 37210, 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 ("MND") for the Project. On February 15, 2017, the City Council adopted
Resolution No. 24175 ordering the filing of the MND. Approval of Tract Map 37210 for
the 64@RIV project will facilitate completion of the Project, and is therefore consistent
with the MND previously approved by the City Council, and no further action with regard
to CEQA is required with this requested action.
FISCAL IMPACT:
Not analyzed with this staff report.
SUBMITTED
�F
Th mas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S
City Engineer Assistant City Manager
David H. Ready, Esq., Ph.D
City Manager
' 03
City Council Staff Report
February 21, 2018- Page 4
Approve TM 37210—"64@RIV"
ATTACHMENTS:
1. Ownership Interests
2. Vicinity Map
3. Tract Map 37210
4. Subdivision Improvement Agreement
5. Resolution
04
ATTACHMENT 1
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Ownership Interests
The Riv, LP, a California limited partnership
A search of records available through the Secretary of State of California shows that a
Certificate of Limited Partnership (LP) was filed on March 22, 2017, for The Riv, LP, a
California limited partnership, (hereafter "Riv LP"); at that time, Palm Springs Modern
Homes VI I, LLC, a California limited liability company was listed as the General Partner.
The other identified partners of Riv LP are: TMC RIVIERA, LLC, a Delaware limited
liability company; 64 @ THE RIV, LP, a Manitoba limited partnership; Melinda Lane
Holdings, LLC, a California limited liability company; and 3A&M, LLC, a Washington
limited liability company.
Palm Springs Modern Homes VII, LLC
A search of records available through the Secretary of State of California shows that
Articles of Organization for Palm Springs Modern Homes VII, LLC, a California limited
liability company, were filed on November 17, 2016, as single manager LLC. A
Statement of Information filed with the Secretary of State on February 6, 2017, lists the
single manager or member as Palm Springs Modern Construction, a California
corporation.
A search of records available through the Secretary of State of California shows that
Articles of Incorporation for Palm Springs Modern Construction, a California corporation,
were filed on June 28, 2011 . A Statement of Information filed with the Secretary of State
on August 10, 2012, lists the corporate officers as Dennis A. Cunningham (CEO/CFO)
and Andrea C. Cunningham as Secretary, with Dennis A. Cunningham and Andrea C.
Cunningham listed as the Directors.
TMC RIVIERA, LLC
A search of records available through the Secretary of State of Delaware shows that
TMC RIVIERA, LLC, a Delaware limited liability company, was incorporated on March
20, 2017. The Managing Member of TMC RIVIERA, LLC, is TMC Opportunity Fund 1,
LLC, a Delaware limited liability company, which was incorporated on April 18, 2013.
The Managing Member of TMC Opportunity Fund 1, LLC is TMC Capital Advisors, LLC,
a Delaware limited liability company formed on April 18, 2013, with ownership interests
reported as:
(i) Minoru Chen, an individual; and
(ii) Pacific Capital Advisors, LLC, a Delaware corporation formed July 28, 2005, with
ownership interests reported as Mark Ferraro, an individual and the Ferraro Family
Trust, Mark Ferraro, Trustee.
The other members of TMC Opportunity Fund 1, LLC, are reported as:
(i) Rosewood Holdings, LLC, a Delaware limited liability company, which was
incorporated July 1, 2010, owned by the Ferraro Family Trust (Mark and Heidi
06
Ferraro, Trustees);
(ii) Dorea Holdings, Inc., a California corporation, incorporated June 5, 1996, listing
Mark Ferraro as CEO/Secretary/CFO, and Vicki Chen, as Director and 100%
owner;
(iii) South Dakota Trust Company, LLC, a South Dakota limited liability company
formed December 10, 2001 with the Member/Managers reported as: Pierce H
McDowell, III, AL W. King, III, Daniel Worthington, Dan Kirby, Jacalyn M Bunkers,
and Matthew Tobin, as Trustee of the ECF US Trust of 2012;
(iv) Marlow Trust Company USA, a South Dakota trust corporation formed December
4, 2012, with the following Directors: Josephine Shaw, James A.F. Wadham,
Conley Brooks, Junior and Mathew Tobin, as Trustee of the Hagios US Family
Trust;
(v) Marlow Trust Company USA a South Dakota trust corporation formed December 4,
2012. Directors: Josephine Shaw, James A.F. Wadham, Conley Brooks, Junior
and Mathew Tobin, as Trustee of the Innisburg US Family Trust;
(vi) Joseph or Geriann M. Shaw as Trustees for the Shaw Family Trust dated 6/7/00
64 @ THE RIV, LP
A search of records available through the Manitoba, Canada corporation registration
shows that 64 @ THE RIV, LP, a Manitoba limited partnership, was registered in the
Province of Manitoba, Canada, on March 7, 2010, and Its General Partner and partners
are:
(i) General Partner: 7421266 Manitoba Ltd.: Ownership: Darin Downey, an individual,
Karl Loepp, an individual, Randy McKnight, an individual and Ryan Johnston, an
individual;
(ii) Limited Partner: 7464933 Manitoba, Ltd.: Ownership, Darin Downey, an individual;
(iii) Limited Partner: 7464941 Manitoba, Ltd.: Ownership: Karl Loepp and Gayda
Loepp, individuals;
(iv) Limited Partner: 7464968 Manitoba, Ltd.: Ownership: Randy McKnight and Lori
McKnight, individuals
(v) Limited Partner: 7493267 Manitoba, Ltd.: Ownership: Ryan Johnston, an individual
Melinda Lane Holdings, LLC
A search of records available through the Secretary of State of California shows that
Articles of Organization for Melinda Lane Holdings, LLC, a California limited liability
company, were filed on May 5, 2016, as single manager LLC. A Statement of
Information filed with the Secretary of State on May 18, 2016, lists the single manager
or member as Shawn Pierce.
07
3A&M, LLC
A search of records available through the Secretary of State of Washington shows that
3A&M, LLC, a Washington limited liability company, was incorporated on February 14,
2017, and its managers or members are: Mark Patzer
The ownership interests of The Riv, LP consists of the following:
• 67% interest by TMC, Riviera, LLC;
• 7.5 % interest by Palm Springs Modern Homes VII, LLC;
• 12.5% by 64 at the Riv, LP;
• 6.35% by Melinda Lane Holdings, LLC;
• 6.25% by 3A & M, LLC
08
ATTACHMENT 2
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CITY OF PALM SPRINGS
TM 37210
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ATTACHMENT 3
. 11
THIS MAP CONSISTS OF ONE LOT IN ME CITY OF PALM SPRINGS,CwNTY OF RIVERSIDE,STATE OF SHEET 1 OF 4 SHEETS
AREA 227,246 SO FT (5.217 AC) CALIFORNIA
TRACT MAP NO. 37210
FOR CONDOMINIUM PURPOSES k2(IIe;UPR's ceAT2F/GATE'
MUNF35lSATEMENTT BEING A SUBDIVISION OF PARCEL 2 OF ME GUY OF PAW SPRINGS CERTIFICATE OF COMPLIANCE FOR FOD m5 Wv OF MITI AT _M
PARCEL MAP DINNER.FEE NO.17-01,RECORDED JUNE 14,M17 AS INSTRUMENT NO.201 7-02 37326.
AT MEREST SEATE THAT WE ME ME OKNFRS OF ME WIND I CLWII NMN TE 9IBNVEpN SIGµ HEREON: OFFICIAL RECORDS OF RNERSIDE COUNTY,AND FORMERLY SHOWN AS PARCEL 1 OF PARCEL MAP NO. IN BOOK OF Mws,AT PAGES AT ME REWESE OF THE
ANC THAT WE ME DE dLT PERSONS MHDSE CONSENT IS NECESSARY TO PASS A CLEAR DOE TO S40 LYE; 9475.MAP BOON 45 PAGE 78.OFTI RECORDS OF RIVERSIDE COUNTY IN ME SOUTHNEST 1/4.OF CITY CLERK OF ME CITY OF PALM SPRINGS.
THAT WE HEMBT CONSENT TO NNE MWM MO FULTHI MO O M5 VEGETATION IMP AS 9ICMN MINIMA ME ME SOUMMEST 1/4.OF SECTION 2,TOKNLIIP 4 SCUM,RANGE 4 EAST,SAN BERNARDINO BASE AND
05RICINE BORDER ONE MERIDIAN.IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE. R. FEE !
K ALSO DEDICATE M A DESS EASEMENT,TO EVEN,GWIDENS HOME DMNIDI ASSOCWTON.A GDFCRIA PETEXT µDAMP 001.1
I1CM-PROl1(MULL SCHEME CORPOMTION,DESKINUM HEREON AS PARCEL A AND PARCE.6 FOR ME BB6R ANIR ENC4YEHlEIG,NIC. A5s.5sov-aFFx-N[cox0[R
OF LOT I O FLAT WP NO MITT AS SOON BY MAP SUMMER[)WN611 30,1978.M OE N FDA 96 DECEMBER 2017
PAGES 54 AND SS OF MAPS,OFNCh.REGARDS Of RIMEP5DE COUNTY,CALIFORNIA.
BY DEPUTY
ME MY.UP.A CAFTHRAA LMIRD PMTNR9W
BY:PALM SFRN'S MODERN NINE$W.LLC,A CNFORMA UNITED UAEEITY COMPANY,ODERK PARTIFR SETHONX N E.I.In-FRST µERICAN FILE CMMPAT,IOC
BY:PALM SPRINGS MODERN aTNSTRucRNL A CNUORMA eNPORATKRL MANAGER CITY CLERK'S STATEMENT
cANTHCAMY J.MFIA CITY CLEAR_C CLERK AND EX-OFFICIO ASSESSOR OF THE CITY COUNCIL OF ME SURVEYORS STATEMENT
m OF PAW SPRINGS,STATE OF CALIFORNIA.HEREBY STATE MAY Cm COUNCIL AT ITS REGULAR
BY MEETING HELD ON THE_MY DAILY APPROVED ME NEIGH MAP OF ERAGI THIS MAP wAs PREPARED BY ME OR UNDER MT DIRECT SUPEINSKN AN, 0 5 BASED UPON A HGD
DENNIS A.OJMNNMIAM,PRESIDENT MAP NO.37210' SURVEY IN CONFORMANCE WITH ME REQUIREMENTS OF ME SUBDIVISION WP ACT,AND LOCAL
ME TENTATIVE MAP WAS APPROVED BY THE OM COUNCIL AT ITS REGULAR MEETING HELD ON THE ORDINANCE AT ME REQUEST OF DENNIS CUNNINGHAM.ON MAY 18,2017.1 HEREBY STATE THAT ALE
15M WY OF FEBRUARY,2017, MONUMENTS IRE OF ME CHARACTER AND OCCUPY 111E POSITIONS INDICATED OR THAT THEY MILL BE
SET IN ACCORDANCE WOH ME TERMS OF THE MONUMENT AGREEMENT FOR ME MAP AND THAT ME
MONUMENTS ARE.OR WILL BE.SUFFICIENT TO ENABLE ME SURVEY TO BE RETRACED,AND THAT THIS
FALL MAP SUBSTANTIALLY CONFORMS TO ME CONOEGC N Y APPROVED TENTATIVE W.MIS SURVEY
ACC Hl9flYRM11fLHPTANffl eNA1W11CN GUY CLERK AND EX-O I CLERK 5 MUD.NO COMPLETE AS SIGWN.
OF ME CITY COUNCIL,CF ME CRY OF PARE TIER SPRINGS Ayp
ME OWNERS OF GARDENS HOME MNFAS'ASOLMINH,A GIIFORMA -PROFIT PLURAL STAFF
CORFORAIO.DO FIJI ACCEPT THE ACCESS MEMORY DESIGNATED HEREON AS FARM.A NE FARM.B FOR STEVEN J.VAN, PLUS 6500 DATE � AAA �IRE AHEM OF WE I M 1R.KT WP M.10)SA AS SWIM BI YIP RECCIEED WACN 30.197A DN RUN
BOOT O6 PAGES N NU IS M MAPS,CHECK HUG E3 OFRM199DE MITRED.OOOWw EXP. 6\30\2019
F�4 Fx��
THE RWOM WIDENS HOME CWNEJS'AssDCAFGN.A ONARMIIMA NDN-PAOR MURAL BRACED`CORIuwmR TAX BOND CERTIFICATE CITY ENGINEER'S STATEMENT
I HEREBY CERTIFY MAY A BOND IN ME SUM OF HAS BEEN I HEREBY STAGE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT MAP N0.37210 CONSISTING
EXECUTED AND FILED VETH THE BOARD OF SUPETMSOS OF ME COUNTY OF RNERSIDE,STATE OF FOUR(4 1 SHEETS', THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTAIJ.Y THE SAME AS
1 OF CAFORNIA,CONDITIONED UPON THE PAYMENT Of ILL TAKES.STATE.COUNTY.MUNICIPAL OR IT APPEARED ON RE,TENTATIVE MAP OR AM'APPROVED ALTERATIONS THEREOF;THAT ALL
OM LOCAL,AND N1 SPECIAL ASSESSMENTS COLLECMW AS TAXES,WHCH AT ME TYE OF THE PROVISIONS OF THE STATE SUBDMSION MAP ACT AND LOCAL ORDINANCES APPLICABLE AT THE
MUM OF THIS MAP WITH THE COUNTY RECCRCER ARE A MIEN A:NNST SAID PROPERTY.BUT NOT TIME OF APPROVAL OF ME TENTATNE MAP NAVE BEEN COMPLIED WITH
YET PAYABLE,AND SAID BOND NAS BEEN COLT APPRONED BY SAID BOND OF SUPERVISORS. PpOf ES$ID�
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DATED
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GATED: MIB ANTED: CODE y n
NMIT AWE NE 1111E CASH RIS WIND
KELN BOARD
-THEY JOT Y TAX COSEN TITANS GgRCA, R.C.E.46279 ND E 462T9 ^.a
CLERK OF ME BOARD OF SUPERVISORS COUNTY TAX LOLEGTOR Gn ENGINEER
��9 CIV 11 OY'p
1. ONE BY: DEPUTY � DEPUTY If OF CALK
HINT NAME AND IRLF I HEREBY STATE THAT I HAVE EXAMINED THE MAP,AND THAT I AM SAIISFIW MAI IT 5
SEE SHEET 2 OF 4 FOR NOTARY ACKNOWLEDGEMENTS TEwNICALY CORRECT.
We
DATED
TAX COLLECTOR'$ CERTIFICATE S aA q
I HEREBY
CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE,AS OF MIS DATE THERE R06ERT C.OLLERTON,PAS. 7731 1anN
ARE NO LE PROPERTY SEDAN AGAINST THE PROPE SHOWN ON ME WITIN MAP FOR UNPAID STATE.COUNTY, ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA.INC. ��•�A
MUNOPIL OR LOCAL TIMES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES,EXCEPT TAXES OR q
SPECIAL ASSESSMENTS COLLECTED AS TAKES NOW A LIEN BUT NOT YET PAYABLE,WINCH ME ajc aLN
ESTIMATED TO BE
BTGNATLIRR OMISSIONS
$ ME SIGNATURES)OF ME PARTIES LISTEN Si OWNR(S)OF EASEMENTS PER DOCUMENTS
NOTED BROW NAME BEEN WAIF➢UNDER THE RROYISIONS OF SECTION 66436 SUBSECT)CN
BENSELCIARY'9 IffATEM NIM JOIN CINISIENSEN (a)(3)(AI OF ME SUBDIVISION MAP ACT,THEIR INTENE515 IS SUCH THAT IT CANNOT RIPEN INTO
COUNTY TAX rouECTOR A RE TIRE AND SAD SIOAMRES ARE NOT REWIRED B!THE GOVERNING BODY.
PACIFIC WESTERN SAINT,UENETC UNDER D®OF TRUST RECORDED JUNE 23,2017 AS 1. EASEMENTS FOR RIGHTS-OF-WAY AND FOR Pi AND TRANSMISSION ONES AS PROMIDW
NSIRUMEM N0,2017-0253416.OFFICIAL RECORDS OF ANERSICE COUNTY,CALIFORNIA CATW 2015 BY: MR IN PATENT FROM ME UNITED STATES OF AL M"RECORDED MAY 8, 1957 AS
DEPUTY DON KCNT COUNTY TAX COLLECTOR INSTRUMENT NO.JJ700.MMICH IS SUBJECT TO RIGHTS FOR TRANSMISSION ONE PURPOSES
BY. WIC. REAMED TO THE CALMDRNA ELECTRIC POWER COMPANY'2. AN EASEMENT GRANTED TO ME CAJFORNA ELECTRIC POKER COMPANY(NOW SOUTHERN
CAIJFORNA)FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES,RECORDED ANY 01,1959 AS
PRINT MAIM' PRINT INSTRUMENT NO.37643 OF OPTICAL RECORDS.
3, AN EASEMENT GRANTED TO ME CAIJFORNA ELECTRIC POWER COMPANY FOR PUBLIC UTILITIES
AND INOCFMIL PURPOSES,RECORDED JUNE 29. 1962 AS INSTRUMENT N0.61326 OF
SEE SHEET 2 OF 4 FOR NOTARY ACKNOWLEDGEMENT OifICMI RECORDS.
A AN EASEMENT TO ME SOUTGN CNJFORNM E05ON COMPANY FOR PUBLIC UTILITIES AND
INCIDENTAL PURPOSES,&EMRGED MARCH 09, 1983 AS INSTRUMENT N0.83-44388 OF
OFFICIAL RECORDS.
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ATTACHMENT 4
16
RECORDING REQUESTED BY:
CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263
Attn: Office of the City Clerk
SPACE ABOVE FOR RECORDER ONLY
Filing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
The Riv, LP, a California limited partnership
and
The City of Palm Springs, California
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
17
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
I8
5. Cost of Construction and Provision of Inspection
Service ................................................................................................................. 9
5.1 Subdivider Responsible for All Related Costs of
Construction............................................................................................... 9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services........................................................................ 10
6. Acceptance of Offers of Dedication .................................................................... 10
7. Warranty of Work................................................................................................ 10
8. Default................................................................................................................ 10
8.1 Remedies Not Exclusive.......................................................................... 10
8.2 City Right to Perform Work ...................................................................... 10
8.3 Attorney's Fees and Costs....................................................................... 11
9. Indemnity............................................................................................................ 11
10 General Provisions ............................................................................................. 11
10.1 Successors and Assigns.......................................................................... 11
10.2 No Third Party Beneficiaries .................................................................... 11
10.3 Entire Agreement; Waivers and Amendments......................................... 11
11. Corporate Authority ............................................................................................ 11
2
1�
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this day of , 2018, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and The Riv, LP, a
California limited partnership (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 37210 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 no offer of
dedication to the City of Palm Springs.
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
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 $540,000.00. As of the effective date of this
1
Agreement, Subdivider has completed the Works of Improvement, subject to final
review, approval and acceptance by the City.
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
referenced in Paragraph 4, may order extra work or may make changes by altering or
2
21
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
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
22
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon demonstration of good cause, subject to
review and approval by the City Council.
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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 Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency (including City), required changes to the scope of work required by City,
and similar causes; provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
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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 furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$540,000.00 equal to 100% of the estimated construction cost referenced in Section
1.1. The obligation to furnish the Faithful Performance Security Instrument shall be
waived, on the basis that Subdivider has completed the Works of Improvement prior to
the effective date of this Agreement, subject to final review, approval and acceptance by
the City.
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(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 $270,000.00 equal to 50% of the estimated construction cost
referenced in Section 1.1. It is acknowledged that as of the effective date of this
Agreement, Subdivider has completed the Works of Improvement. In lieu of furnishing
the Labor and Materials Security Instrument, prior to recordation of the final map
Subdivider shall furnish a full and complete title report dated as of the effective date of
this Agreement, evidencing the fact that no mechanic's liens have been recorded
against the property or other claims of non-payment for labor, materials, or equipment
used in construction of the Works of Improvement.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $7,500.00 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 $80,600.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
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City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
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
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and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division.3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
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separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
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8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
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
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Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authority.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
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IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By
Anthony J. Mejia, MMC, City Clerk David H. Ready, City Manager
APPROVED AS TO FORM:
Edward Z. Kotkin
City Attorney
SUBDIVIDER:
The Riv, LP, a California limited partnership
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:
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(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
Mailing Address:
(fax)
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33
ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY
County of SIGNER
On before me,
Date Name, Title of Officer G INDIVIDUAL(S)
personally appeared GCORPORATE
NAME(S) OF SIGNER(S) OFFICER(S)
G personally known to me - OR — TITLE(S)
G proved to me on the basis of satisfactory evidence to be the GPARTNER(S)
persons(s) whose name(s) is/are subscribed to the within GATTORNEY-IN-FACT
instrument and acknowledged to me that he/she/they executed GTRUSTEE(S)
the same in his/her/their authorized capacity(ies), and that by GSUBSCRIBING WITNESS
his/her/their signature(s) on the instrument the person(s) or the GGUARDIAN/CONSERVATOR
entity upon behalf of which the persons(s) acted, executed the GOTHER
instrument.
Witness my hand and official seal.
SIGNER IS REPRESENTING:
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
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EXHIBIT "A"
TRACT MAP 37210 LEGAL DESCRIPTION
Tract Map No. 37210, as recorded in Map Book , Pages through inclusive, records
of Riverside County, California.
16
35
EXHIBIT "B"
TENTATIVE TRACT MAP 37210 CONDITIONS OF APPROVAL
17
36
ATTACHMENT 4
37
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP
37210 AND AN ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT WITH THE RIV, LP, A
CALIFORNIA LIMITED PARTNERSHIP, FOR PROPERTY
LOCATED AT 2000 NORTH INDIAN CANYON DRIVE, IN
SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of
January 11, 2017, recommended approval of Tentative Tract Map 37210 ("TTM
37210"), subject to conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its
meeting of February 15, 2017 approved TTM 37210, subject to conditions, for the
subdivision of 5.22 acres into 64 condominium residential units; and
WHEREAS, the expiration date of TTM 37210 is February 15, 2019; and
WHEREAS, on September 5, 2017, The RIV, a California Limited Partnership
(hereinafter the "Subdivider"), timely filed a final map for TTM 37210 with the City
Engineer in accordance with Section 66456 of the California Government Code; and
WHEREAS, pursuant to state law (California Government Code Section 66452.6 [the
"Map Act']), once the timely filing of a final map has been made to the City Engineer, all
subsequent actions of the local agency, including, but not limited to, processing,
approving, and recording, may lawfully occur after the date of expiration of the Tentative
Tract Map; and
WHEREAS, required public improvements have been completed by the Subdivider as
of the filing of the final map for TTM 37210, and the Subdivider has requested that the
City enter into a Subdivision Improvement Agreement with the Subdivider to secure the
cost of public improvements in accordance with Section 66462 of the California
Government Code.
NOW, CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. Tract Map 37210 is in substantial conformance with the approved
Tentative Tract Map 37210.
Section 3. Tract Map 37210 is in conformance with the General Plan.
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Resolution No.
Page 2
Section 4. Tract Map 37210 conforms to all requirements of the Subdivision Map Act
of the State of California.
Section 5. The City Council hereby approves a Subdivision Improvement Agreement
for Tract Map 37210 with the Subdivider, and accepts subdivision
improvement securities in conformance with the requirements therein for
public improvements.
Section 6. The City Manager is hereby authorized to execute the Subdivision
Improvement Agreement with the Subdivider.
Section 7. The City Clerk shall cause to have recorded the Subdivision Improvement
Agreement with the Riverside County Recorder.
Section 8. Tract Map 37210 is hereby approved for purposes therein defined.
ADOPTED THIS 7th day of February, 2018.
David H. Ready, City Manager
ATTEST:
Anthony J. Mejia, MMC
City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Anthony J. Mejia, MMC, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on February 21, 2018, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anthony J. Mejia, MMC, City Clerk
City of Palm Springs, California
39
ATTACHMENT 5
40
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP
37210 AND AN ASSOCIATED SUBDIVISION
IMPROVEMENT AGREEMENT WITH THE RIV, LP, A
CALIFORNIA LIMITED PARTNERSHIP, FOR PROPERTY
LOCATED AT 2000 NORTH INDIAN CANYON DRIVE, IN
SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of
January 11 , 2017, recommended approval of Tentative Tract Map 37210 ("TTM
37210"), subject to conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its
meeting of February 15, 2017 approved TTM 37210, subject to conditions, for the
subdivision of 5.22 acres into 64 condominium residential units; and
WHEREAS, on September 5, 2017, The RIV, LP, a California Limited Partnership
(hereinafter the "Subdivider'), timely filed a final map for TTM 37210 with the City
Engineer in accordance with Section 66456 of the California Government Code; and
WHEREAS, Subdivider is required to construct or install or cause to be constructed or
installed the street, drainage, domestic water, sanitary sewer and other improvements
(the "Works of Improvement"), with an estimated construction cost of$540,000; and
WHEREAS, as of the date of the City's action to approve Tract Map 37210, Subdivider
has completed the Works of Improvement, subject to final review, approval and
acceptance by the City; and
WHEREAS, the Subdivider has requested that the City enter into a Subdivision
Improvement Agreement with the Subdivider to secure a one-year maintenance and
warranty period following City's formal acceptance of the Works of Improvement, and
the setting of monuments, in accordance with Section 66462 of the California
Government Code.
NOW, CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The above recitals are all true and correct. i
4
Section 2. Tract Map 37210 is in substantial conformance with the approved
Tentative Tract Map 37210.
Section 3. Tract Map 37210 is in conformance with the General Plan.
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Resolution No.
Page 2
Section 4. Tract Map 37210 conforms to all requirements of the Subdivision Map Act
of the State of California.
Section 5. The City Council hereby approves a Subdivision Improvement Agreement
for Tract Map 37210 with the Subdivider, and accepts subdivision
improvement securities in conformance with the requirements therein for
the Works of Improvement.
Section 6. The City Manager is hereby authorized to execute the Subdivision
Improvement Agreement with the Subdivider.
Section 7. The City Clerk shall cause to have recorded the Subdivision Improvement
Agreement with the Riverside County Recorder.
Section 8. Requisite conditions associated with Tentative Tract Map 37210 have
been satisfied, or will be satisfied pursuant to the Subdivision
Improvement Agreement for Tract Map 37210 approved herewith.
Section 9. Tract Map 37210 is hereby approved for purposes therein defined.
ADOPTED THIS 21st day of February, 2018.
David H. Ready, City Manager
ATTEST:
Anthony J. Mejia, MMC
City Clerk
42
Resolution No.
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on February 21, 2018, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anthony J. Mejia, MMC, City Clerk
City of Palm Springs, California
43