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HomeMy WebLinkAboutA6758 - KW PALM SPRINGS, LLC DEVELOPMENT IMPROVEMENTS AGREEMENT Case Numbers: 5.1307 CUP; 3.3688 MAJ 1. Parties: The parties to this Development Improvements Agreement (Agreement) are KW Palm Springs, LLC (Developer) and the City of Palm Springs, California (City). For valuable consideration, the receipt and adequacy of which is acknowledged, the Parties agree as follows: 2. Effective Date: The Effective Date of the Agreement shall be the date that it is signed by the City Manager. RECITALS The Developer seeks the issuance of the Certificate of Occupancy for the property described in Exhibit D (Property) prior to the completion of certain required public improvements. The property known as: FedEx Ground Station 922 has been reviewed and approved under the above-referenced case numbers (Development). The City seeks to protect the health, safety and general welfare of the community by requiring the completion of various improvements to the Property and limiting the harmful effects of substandard development. A further purpose of this Agreement is to protect the City from the cost of completing necessary improvements itself; this Agreement is not executed for the benefit of materialmen, laborers or others providing work, services or materials to the Developer and/or the Property or for the benefit of the owners(s), purchaser(s) or user(s) of the Property. The mutual promises, covenants and obligations contained in this Agreement are authorized by state law and the City's land development ordinances and regulations. DEVELOPER"S OBLIGATIONS 3. Improvements: The Developer shall design, construct and install, at its own expense those off-site improvements listed on Exhibits A and B. 3a. The Developer agrees to pay the City for construction inspection. If in the City's determination the scope of this Project is such that the City needs to engage independent consultant(s) to adequately provide inspection services, Developer agrees to pay such costs in addition to all others for which Developer is responsible hereunder. 3b. The Developer's obligation to complete the Improvements is and shall be independent of any obligations of the City contained herein. 4. Security: To secure the performance of its obligations under this Agreement the Developer shall supply a financial guarantee. The Developer is required to post security in an amount of$887,871.20 in a form and terms acceptable to the City (Security). The Security shall be in the form of a cash deposit made to the City. 5. Standards: The Developer shall construct the improvements according to the City's standards, specifications and approved plans. 6. Warranty: The Developer shall warrant the improvements for one year following acceptance of the Improvements by the City. "Warrant" or "Warranty" used herein means the Developer shall take such steps and incur such costs as may be needed so that the Improvements or any repair or replacement thereof shall comply with the approved construction plans and City standards and specifications at the end of the warranty period. 7. Commencement, Completion and Abandonment Periods: The Developer shall commence work on the Improvements the earlier of the date plans for the work are approved or within sixty (60) days from the Effective Date of this Agreement; that date is known as the Commencement date. 7a. The Developer shall complete the Improvements by January 1 , 2016; that date is known as the Completion Date. 7b. The Developer shall not cease construction for any period of more than thirty (30) consecutive days. If construction is ceased for thirty (30) or more consecutive days the City Engineer may deem the Development abandoned. 8. Compliance with Law: The Developer shall comply with all applicable federal, state and local laws, ordinances and regulations when fulfilling its obligations under this Agreement. When necessary to protect the public health, safety or welfare, the Developer shall be subject to laws, ordinances and regulations that become effective after the Effective Date. 9. Notice of Defect: The Developer shall provide timely written notice to the City Engineer when the Developer and/or his/her/its engineer has knowledge that any Improvement does not conform to City standards or is otherwise defective in whole or in part. The Developer shall correct all non-conforming construction and/or defects within thirty (30) days of such notice. 10. Acceptance of Improvements: The City will not accept Improvements until the Developer documents that there are no liens, encumbrances or other restrictions on the Improvements other than those that have been accepted in writing by the City. 10a. The City shall have no responsibility or liability with respect to any street or other Improvement(s), notwithstanding the use of the same by the public, unless the street or other Improvements have been accepted in writing by the City. 10b. The City will not issue written acceptance with regard to any Improvement(s) including any street, storm drainage facility, sewer, water facility or other required Improvement(s), until the Developer: (i) furnishes the City Engineer as-built drawings in appropriate electronic form, stamped and sealed by a professional engineer and copies of results of all construction control tests required by City specifications; (ii) provides written evidence, certified by the Developer's engineer, that all work was systematically inspected and tested and that the materials and construction were in conformance with City- approved plans and specifications. 10c. Acceptance by the City shall occur when the City Engineer sends a writing to such effect. 10d. Acceptance of Improvements does not constitute a waiver by the City of any right it may have to demand correction of a defect in or failure of Improvements detected or occurring after acceptance but within the warranty period. 11. Release of Security. Upon acceptance of the Improvement(s), the City will release $887,871 .20 of the Security except that a developer in default under this Agreement has no right to a release of the Security in any amount. 12. Use of Proceeds: The City can only use the Security funds to complete the Improvement(s) in the event the Developer enters default as described in Section 13. See Section 15 for City's rights upon default. 13. Events of Default: The following shall constitute a default by the Developer: 13a. Developer's failure to complete all of the Improvement(s) on or before the Completion Date; 13b. Developer's failure to take reasonable actions to correct defective construction of any Improvement(s) within the applicable warranty period; 13c. Developer's insolvency, the appointment of a receiver for the Developer or the filing of a voluntary or involuntary petition in bankruptcy respecting the Developer; 13d. Notification to the City, by any lender with a lien on the Property, of a default by Developer on any obligation to such lender; 13e. With regard to the Property or any portion thereof, initiation of any foreclosure action regarding any lien or encumbrance, initiation of mechanic's lien(s) procedure(s) or assignment or conveyance of the Property in lieu of foreclosure. Except in the event of 13c, 13d and 13e above, in which the City may immediately declare a default without prior notice to the Developer, the City may not declare a default until written notice has been sent to the Developer in accordance with section 26 below. 14. Measure of Damages: The measure of damages for breach of this Agreement by the Developer shall be the reasonable cost of satisfactorily completing the Improvements, plus reasonable expenses. Expenses may include but are not limited to contracting costs, collection costs and the value of engineering, legal and administrative staff time devoted to the collection and completion of the Improvements. For Improvements upon which construction has not begun, the estimated costs of the Improvements shown in Exhibits A and B shall be prima facie evidence of the minimum cost of completion; however, the maximum amount of the Developer's liability shall not be established by that amount or by the amount of the Security. 15. City's Rights Upon Default: Upon default the City may draw on the Security up to the full face value. 15a. The City shall have the right to complete Improvements itself or it may contract with a third party for completion. 15b. The Developer grants the City, its successors, assigns, agents, contractors and employees, a nonexclusive right and easement to enter the Property for the purposes of constructing, reconstructing, maintaining, inspecting and repairing the Improvements. 15c. The City may assign the proceeds of the Security to a subsequent developer or lender that has acquired the Property by purchase, foreclosure or otherwise. That developer or lender shall have the same rights of completion as the City hereunder if and only if the subsequent developer or lender agrees in writing to complete or correct Improvements and provides the City reasonable security for that obligation. 15d. These remedies are cumulative in nature and are in addition to any other remedies the City has at law or in equity. 16. Indemnifications: The Developer expressly agrees to indemnify and hold the City, its officers, employees, agents and assigns harmless from and against all claims, costs and liabilities of every kind and nature, for injury or damage received or sustained by any person or entity in connection with or on account of the performance or non-performance of work at the Property that is being done pursuant to this Agreement. 16a. The Developer further agrees to aid and defend the City in the event that the City is named as a defendant in an action concerning the performance of the work pursuant to this Agreement except in a suit in which the Developer states claim(s) against the City. 16b. The Developer is not the agent, partner, joint venture or employee of the City. 17. No Waiver: No waiver of any provision of this Agreement by the City shall be deemed to be a waiver of any other provision nor shall it be deemed a continuing waiver unless expressly provided for by a written amendment to this Agreement signed by both the City and the Developer; nor shall the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same or different type. The City's failure to exercise any right under this Agreement shall not constitute the approval of any wrongful or other act by the Developer or the acceptance of any improvements. 18. Amendment or Modification: The parties to this Agreement may amend or modify this Agreement only by written instrument executed by the City Engineer or his designee and the Developer or his/her/its authorized agent. Such amendment of modification shall be properly notarized before it may be deemed effective. 19. Attorney's Fees: Should either party be required to resort to litigation to enforce the terms of this Agreement, the prevailing party shall be entitled to costs, including reasonable attorney's fees and expert witness fees, from the opposing party. If relief is awarded to both parties the attorney's fees may be equitably divided between the parties by the decision maker. 20. Vested Rights: This Agreement does not guarantee, represent or certify that the Developer is entitled to any approval(s) required by the City before the Developer's entitled to commence development beyond the scope of this Agreement. 21. Integration: This Agreement, together with the exhibits and attachments thereto constitutes the entire Agreement between the parties. No statement, promise or inducements that are not contained in this Agreement shall be binding on the parties. 22. Third Party Rights: No person or entity who or which is not a party to this Agreement shall have any right of action under or beneficiary of this Agreement. 23. Time: For the purpose of computing an abandonment period, completion date or other date hereunder and such times in which war, civil disasters or acts of God occurs or exist shall not be included if such prevents the Developer or City from performing its obligations under the Agreement. The Developer must notify the City in writing if/when it asserts impossibility of performance under this paragraph. The City may reject the Developer's assertion in writing if it finds that the condition(s) that the Developer asserts do not exist. 24. Severability: If any part, term or provision of this Agreement is held by a court to competent jurisdiction to be illegal or otherwise unenforceable, such illegality or unenforceability shall not affect the validity of any other part, term or provision. The rights of the parties shall be construed as if the part, term or provision was never part of the Agreement. 25. Benefits: The benefits of this Agreement to the Developer are personal and may not be assigned without express written approval of the City. Such approval may not be unreasonably withheld but any unapproved assignment is void. 25a. Notwithstanding the foregoing, the burdens of this Agreement are personal obligations of the Developer and also shall be binding on its heirs, successors and assigns of the Developer and shall be covenants running with the Property. 25b. The City may assign its rights under this Agreement with express written approval by the Developer. 25c. The City shall expressly release the Security and/or contract obligations if it accepts new security from any developer or lender who subsequently acquires the Property; however, no other act of the City shall constitute a release of the original Developer from its liability under this Agreement. 25d. The City agrees to state acceptance of the Improvements in writing with appropriate acknowledgements. 26. Notice: Any notice required or permitted by this Agreement shall be deemed effective two (2) calendar days after deposit with the United States Postal Service, first class, postage prepaid and addressed as follows: If to Developer: Michael G. Fa, NCARB KW Palm Springs, LLC P.O. Box 979 Telluride, CO 81435-0979 (602) 432-3767 mfa@designfusion.biz If to City: Marcus L Fuller, MPA, PE, PLS Assistant City Manager/ City Engineer City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760) 322-8380 Marcus.Fuller@palmspringsca.gov 27. Recordation: Developer shall pay the costs to record a memorandum of this Agreement (Exhibit C) in the records of Riverside County Recorder's Office. The Developer may record the entire Agreement. 28. Immunity: Nothing contained in this Agreement constitutes a waiver of the City's sovereign or other immunity under any applicable law. 29. Personal Jurisdiction and Venue: Personal jurisdiction and venue for any action commenced by either party to this Agreement whether arising out of or related to the Agreement or the Security shall be deemed to be proper only in Riverside County, California. The Developer expressly waives his/her/its rights to bring such action in or to remove such action to any other court whether state or federal. IN WITNESS WHEREOF the City and the Developer have caused this Agreement to be executed the dates noted hereon. CITY OF PALM SPRINGS CALIFOR By: �?Z David H. Ready, City Man APPROVED BY CITY MANAGER Dated ATTEST By. 04/z4 20 i5 James Thompson, City Clerk Dated APPROVED TO F By: DduglaCs Holland, City Attorn � Dated DEVELOPER By: KW Palm Springs, LLC By: 121 J2S` 01 S Michael G. Fa, Pr ject Mantler Dated State of Arizona ) County of Maricopa ) On this R5 day of September, 2015, before me personally appeared Michael G. Fa, whose identity was proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this document, and who acknowledged that he signed the attached document. Notary Public MONICA M CNELLE FIGUEROJMU Notary Public•Adma Markops County FAY Comm.Expires Feb 5, EXHIBIT A Confidential COACHELLA VALLEY ENGINEERS --- PRELIMINARY CONSTRUCTION COST ESTIMATE MISSION SPRINGS WATER DISTRICT September 1,2015 KW PALM SPRINGS OFFSITE WATER IMPROVEMENTS-GARNET STREET Palm Springs,Callifomia -- _-- - Page one WATER SYSTEM COST l3NIT TOTAL:. ITEM QUANTITY UNIT 060 !COST WATER Mobilization and De-Mobilization 1 LS $ 19,579.75 $ 19,579.75 Furnish and install 12"CL 350 DI water main 2,218 LF $ 92,50 $ 205,165.00 Furnish and install B' L 350 DI water main 52 LF $ 59.50 $ 3,094.00 C Fumish and install 8"DI 90 deg bend_ 1 EA $ 140.00 $ 140.00 Furnish and install 8"DI GV per MSWD sid.dwg.W_02 and W-0 1 EA $ 1,000.00 $ 1,000.00 Furnish and install 12"z12"x8"DI Tee - 1 EA $ 560.00 $ 500.00 Fumish and install 12"DI SF 1 EA $ 300.00 $ 300.00 Furnish and install thrust blocks per MSWD sid.deg W-07 and 19 EA $ 145.00 $ 2,755.00 Furnish and install'FH assy.Per MSWD Sid.w-07,w-07A 6 EA $ 7.000.00 $ 42,000.00 furnish and install 12"x12"x4"DI tee,12"DI 45 deg bend 2 EA $ 1.000.00 $ 2,000.00 Furnish and install 4"DI pipe,flg adapter,clsure adpter 11.25bend 1 EA $ 250.00 $ 250.00 Connect to ex.8"ACP water main under MSWD inspection 1 EA $ 1,000.00 $ 1,000.00 Connect to ex 12"Of water main under MSWD inspection 1 EA $ 1,050.00 $ 1,050.00 Furnish and instal 12"DI GV per MSWD std.dwg.W-02&02A 1 EA $ 4,875.00 $ 4,876.00 Furnish and install 4"DI GV per MSWD deg.W-02&02A 1 EA $ 750.00 $ 750.00 Furnish and install 2 blow off assy per MSWD std dwg.W-03 1 EA $ 350,00 $ 350.00 Fumish and install l"airvalve assyper MSWD stddwg.W_05,5A 1 EA $ 350.00 $ 356.00 Connect ex 2"Iateml&l'lateral to 12"DlLine per MSWD Std.W-09 2 LF $ 350.00 $ 700.00 Furnish and install 4"DI BF - 1_- EA $ 145.00 $ 145.00 Furnish and Install 8"DI BF 1 EA $ 145.00 $ 145.00 Remove Ex.6"FH&abandonFH&valve below grade_ 5 EA $ 1,750.00 $ 8,750.00 Furnish and install 4 CL 350 DI water main 62 _ LF $ 39.50_ $ 2,449.00 Furnish and install restrained points per MSWD std W-08C 292 LF $ 55.00 $ 16,060.00 Furnish and install 10"DI GV,BF,22.5d bend per W-02&W-02A 1 EA $ 3.150.00 $ 3,150.00 Furnish and install 10"CL 350 DI water main 36 LF $ 79.50 $ 2,862.00 Furnish and install 12"x12"x10"DI tee 1 EA $ 800.00 $ 800.00 Remove and relace existing paving concrete 249 LF $ 45.00 $ 11.205.00 Remove and replace existing asphalt paving 11,170 EA $ 7.00 $ 78,190.00 Furnish and instal TCP per MSWD std.dwg.W-19 3 EA $ 500.00 $ 1,500.00 CONTINGENCY $ 82234.95 TOTAL $ 493,409.70 RECEIVE© o Qgof ESSlp SEP 0 1 2015 . 357 Vo -MSWD X cXP. J Jj Cf41'� a�P q�f OF CAO� 13149 1 9/1/2015 EXHIBIT B CITY CF PALM SPPo N3S PLBLI C & PR VATE I MPROJENENTS CONSTRLCTI CN ESTI MATE SCFEDL.IE 411 Garnet Avenue P.M No. Eng. File No. 3982 Corrput ad By: JRM remaining street improvements - Garnet Avenue Date: 9/3/15 FOR PERMIT PURPOSES I MPROIEMENT COST ESTI MATE (Unit Costs from 1l 6106 ITEM CAAANTI TY UNIT UNIT 006T AMDJNT 6" Curb & Gutter 662.00 LF $26. 00 $17 212.00 8" Curb & Qit t er LF $32. 00 $0,00 6" Curb LF $15. 00 $0.00 8" Curb LF $23. 00 $0.00 12' Curb LF $27. 00 $0.00 NAd a Curb LF $27. 00 $0,00 R bbon (art t er SF $5. 00 $0,00 4" FbI I ed Our b & Cut t er LF $27. 00 $0,00 Precast Conc. Curb or Cut Stone LF $2. 75 $0.00 Our b Tr ansi t i on LF $26. 00 $0.00 Cur b/Gut t er Ter ni nati ons LF $15. 00 $0.00 4" Si deval k/B ke at h 6 sack 4800. 00 SF $7.00 $33,600,00 4" Col or ad Si deml k 6 sk SF $8.50 $0.00 Fiandi cap Rarrp - Type A & B 2.00 EA $1,500.00 $3,000.00 Fiandi cap Rarrp - Type C EA $1,000.00 $0.00 Approach SF $12.00 $0.00 4" P.C.C.vdml ded W re SF $13.00 $0.00 4" P.C.C.W o µel ded W r e SF $8.00 $0.00 6" P.C.C. W Fi ber rresh SF $15.00 $0. 00 6" P.0 C.W uel ded W re SF $16.25 $0.00 6" Colored Concrete SF $12.50 $0.00 6" P.C.C. Decor at i ve Concret a SF $13.00 $0, 00 S andr el and curb return 1710.00 SF $11.00 $18,810.00 8" P.CC Cross Gutter SF $11.00 $0. 00 6-1/2" P.C C Fbavy Duty SF $10.50 $0. 00 6-1/2" P. C C Decorative SF $13.50 $0. 00 Bel and Pavers SF $10.50 $0.00 11" P. C C Reinforced' SF $18.00 $0.00 Under Si deval k Rain EA $2 000. 00 $0.00 Curb Inlet 7'+ EA $15. 000. 00 $0,00 Head WWI EA $6 500. 00 $0.00 Rerrove PCC FI at York SF $4. 50 $0.00 %mve POC Oirb & at t er LF $7.00 $0. 00 REmove AC Berm LF $5.00 $0, 00 Adj ust M er Val ve EA $1,000.00 $0. 00 Adj ust Nbnument %I I EA $1,000.00 $0. 00 Adj ust VW er Nbt er EA $1,000.00 $0. 00 3" Crushed M scel I . Base SF $1. 10 $0, 00 3.5" Crushed Mscel 1 . Base SF $1.30 $0.00 4" Crushed Mscel 1 . Base SF $1.50 $0.00 6" Crushed M scei 1 . Base 39280.00 SF $2.20 $86,416, 00 1" Thick AC Cap SF $1.50 $0. 00 Col d PI anel gr i nd 2082.00 SF $1.00 $2,082. 00 1-11 2" AC Oyer I ay SF $2.25 $0. 00 2" AC Pavenent SF $3.00 $0.00 2 1/2" AC Pavement SF $3.75 $0.00 3" AC Pavement 39280.00 SF $4.50 $176,760, 00 3-112" AC Pavement SF $5.25 $0.00 4" AC Pavenent SF $6.00 $0. 00 5" AC Pavement SF $7.40 $0. 00 318" ARAM Chi pseal SF $2.85 $0. 00 1-114" A14V O)er I ay SF $10.00 $0, 00 1-112" AFM Der Ia SF 11.40 $0.00 2" ARFM Over I ay SF 14.25 $0.00 SI urr v Seal SF 0.50 $0. 00 6" AC. Berm (Type A-hi gh D ke LF $20.00 $0. 00 8" A G Berm LF $25.00 $0, 00 Remove AC Pavenent SF $2.00 $0. 00 On-st t e M er S st em LS 75000.00 $0.00 Sever Connection EA $250.00 $0, 00 4" San. Serer Lat. SDR35 LF $35.00 $0. 00 4" San. Sever Lat. VCP LF $50.00 $0. 00 6" San. Sever Lat, PVC) LF $50.00 $0. 00 6" San. Sever Lat, VCP LF $70.00 $0.00 8" San. Sever Pi pe SDR35 LF $65.00 $0, 00 8" San. Sever Pi pe VCR LF 1 $95.00 $0. 00 10" Sam t ary Sever Pi pe VCP LF 1 $125.00 $0. 00 12" Sani t ary Seger Pi pe (VCP) LF 1 $160.00 $0.00 Nbnhol e - 48' FA $6,500.00 $0. 00 0 eanout EA $1,400.00 $0. 00 Ad- usl Mnhol a to trade EA $1,000.00 $0. 00 Sever hkin Encaserrent LF 45.00 $0. 00 1-112" PVC Storm Drain Pipe LF $10.00 $0.00 3" PVC St orm Drai n Pipe LF $20.00 $0.00 4" PVC St orm Drai n Pipe LF $30.00 $0.00 6" Cact i I e Iron Roe LF $67.00 $0,00 6" FDPE Storm Drai n P pe LF $48. 00 $0.00 6" PVC St or m Dr ai n Pi pe LF $40. 00 $0.00 8" FDPE Storm Drai n Pi pe LF $60. 00 $0,00 8" PVC St or Drai n Pi pe LF $50, 00 $0.00 10' HDPE Storm Drai n R pe LF $65. 00 $0.00 12' PVC St or m Dr ai n Pipe LF $65,00 $0.00 12' HOPE St or m Dr ai n R pe LF $72.00 $0.00 12' R C. R LF $142.00 $0.00 15' HDPE Storm Drai n Pi pe LF $130.00 $0.00 18' HDPE SI or Rain Pi pe LF $150.00 $0.00 18" R C.P. 1000D Cl SD LF $190.00 $0,00 21" HDPE St or Rain Pi pe LF $165.00 $0. 00 24" RPE Storm Drai n Pi pe LF $175.00 $0.00 24" R C. P. 1000D 0 SD LF $220.00 $0.00 30" HDPE Storm Rai n Pi pe LF $200.00 $0. 00 30" R C P. 1000D 0 SD LF $210.00 $0. 00 30" R C.P. 2000D 0 SD LF $240.00 $0. 00 36" HDPE Storm Dr ai n Pi pe LF $275.00 $0. 00 36" R C P. 2000D 0 SD LF $325.00 $0.00 39" RCP St m Dr n Pi pe LF $347.00 $0.00 42" HDPE St or m Dr ai n Pi pe LF $305.00 $0.00 42" R C. P. 20000 0 SD LF $360.00 $0.00 48" FIFE St or m Dr ai n Pi pe LF $320. 00 $0.00 48" R C. P. 2000D 0 SD LF $380. 00 $0.00 54" FDPE St or Drain Pi pe LF $345. 00 $0.00 54" R C P. Moo 0 SD LF $410. 00 $0.00 60" C;al v. CSP Sl m Dr n Pipe LF $290. 00 $0.00 60" FDPE St or m Dr ai n Pi a LF $440.00 $0.00 60" R C. P. 2000D Cl SD LF $520.00 $0.00 66" R C P. 2000D 0 SD LF $550. 00 $0,00 RCFC CB SD100 #1 W211 v6 EA $15, 000.00 $0.00 RCFC CB SD100 #1 wl4tv12 EA $15,000. 00 $0.00 RCFC CB SD100 41 wl4lvto EA $15,000. 00 $0.00 RCFC CB SD100 #1 wl410 EA $15,000.00 $0.00 RCFC CB SD100 #1 w14l v6 EA $30, 000. 00 $0.00 F3CFC CB SD100 #1 w7l v7 FA $10,000.00 $0.00 RCFC CB SD100 #1 w71 v6 FA $10,000.00 $0.00 Cat ch Basin w = 4' or I ass EA $7,500.00 $0.00 Brooks 24 x 24 SD I nl et EA $5,000.00 $0.00 Cat ch Basin 18" @e EA $3,800. 00 $0.00 Catch Basin 12"xl2" EA $2, 600.00 $0.00 Junct i on St r uct ur a No. 4 EA $4 200.00 $0.00 Concr et a Col I ar EA $2,250.00 $0.00 I ni et Structure FA $7,500.00 $0.00 4' x 6' Conc. Box Cut vert LF $1,500.00 $0. 00 114 ton rip rap d=30" SF $55.00 s0.00 Concrete 24" "U' Channel LF $13.00 $0.00 Concrete 12" "V' D tch LF $5.25 $0.00 Dryv l I EA $10,000.00 $0.00 Storm Drai n 0 eanout FA $1,400.00 $0.00 St or Rai n Nbnhol a EA $6 350.00 $0.00 St or nt ech Chanters EA 6 250.00 so.00 St r eet Pane Si on FA $350,00 $0.00 Barricade EA $350.00 $0.00 Tr of f i c Sign FA $350.00 so.00 Landscaping & Irrigation SF $10.00 $0. 00 f 4 ocat a Tr of f i c Si on EA $500.00 $0.00 Tr of f i c Li ght FA $150 000.00 $0. 00 St reel Li ght FA $15 000.00 $0.00 0 ass 1 Type F Delineator EA $200,00 so.00 W1i t e St r i pe 8" LF $3.00 so, 00 Red Curb LF $2.00 $0. 00 Park St al I Delineation LF $1.50 $0,00 Fbndicap Parking Dal i neat i on FA $300.00 $0.00 Stop Bar and Legend E4 $300.00 $0,00 6I ke Lane Legend FA $150.00 $0.00 Dke Lane 6" Wit. St i pa LF $2. 50 $0.00 m'ect fv§r ker (Type L-1 LF $150.00 $0.00 at ri pi n /si na a 1.00 LS $5, 130.00 $5, 130.00 Survey Crew FIR $0.00 St ri pi n /Pavement rybr ki ng HR $0.00 I MPROVENENT COST $343,010. 00 15%Cont i ngency $51.451. 50 TOTAL I WR.COST $394,461. 50 HATER MV N FEE SHT @ $15.00 = $0. 00 NCNUvEMATI CN ITEM I CNIT I UNIT COST AM IW 1" I.P.i n tvbnu.061 (Type A EA $o. 00 1" I.P. VP t h Tag EA $0.00 Lead and Tack EA $p 00 TOTAL $0.00 BC\DS Fai t hf ul Per f or rrance $394,461.50 rvbi nt enance $59, 169.23 rAt er i al and Labor $197,230.75 Abnunent at i on $0.00 OVA Performance Bond $0.00 Total Perfornance $394,461.50 OVA Labor & Mat. Bond $0.00 Total Labor & Mat eri al $197.230.75 ENCRGUMVENT PERM T FEE $6, 695. 15 ENCR IM T I NPR COST $343,010.00 PERM T ADM N(M CRiFI U4 $19.00 SURVEY/PVK.CUT/MV KI NG $0. 00 TOTAL $6, 714. 15 (Based on Tabl a Bel ow) PROJECT VALLIATI ON ' FEE ---- $1 - $2.000 $297.00 M ni mum $2, 001 - $50,000 $350,00 + 2.5%OVER $2,000 $50. 001 - $200,000 $1,550.00 + 2%OVER $50,000 OJER $200.000 $4,550.00 + 1.5%OVER $200,000 COT Rev. 116)06 When recorded return to: Michael G. Fa M.DesignFusion, LLC 6020 E Monte Cristo Avenue Scottsdale AZ 85254-6534 EXHIBIT C RECORDING MEMORANDUM City of Palm Springs Public Works and Engineering Department Case Numbers: 5.1307 CUP; 3.3688 MAJ This memorandum relates to and confirms that certain Development Improvements Agreement and/or Maintenance Guarantee concerning land in County of Riverside, California is by and between KW Palm Springs, LLC(Developer) and the City of Palm Springs (City) pertaining to FedEx Ground Station 922 (Project), located at 411 West Garnett Ave, Palm Springs,CA 92262, The Developer of the Project was required by law to install and construct certain public and private improvements,the completion of which was guaranteed by a Development Improvements Agreement and/or Maintenance Guarantee. The Project is required to be constructed in accordance with the approval by the City pursuant to and in accordance with the Zoning and Development Code all as more fully detailed and described in City of Palm Springs case numbers 5.1307 CUP &3.3688 MAJ. The Developer and the City of Palm Springs by and through signatures of the undersigned have determined and agree to the type, quality and amount of improvements required and/or necessitated by the approval of the Project and that the improvements are guaranteed by and through the Development Improvements Agreement and/or Maintenance Guarantee. Furthermore,the Developer and the City agree that Development Improvements Agreement and/or Maintenance Guarantee are contractual in nature and that the obligations under the Developments Improvement Agreement and/or Maintenance Guarantee shall not be assigned except as provided in the agreement(s). By virtue of this notice being recorded in the land records of the County of Riverside Clerk-Recorder, subsequent owners and/or those that claim by,through or under the Developer are on notice of the Developer's obligations under the agreement(s). NOW THEREFORE, the Developer and an official of the City of Palm Springs, both possessing and representing by their signatures that they possess sufficient authority, do hereby memorialize the relative, rights and obligations contained in the Development Improvement Agreement and/or Maintenance Guarantee herein characterized. DEVELOPER: By: 1 Date: September 25, 2015 Michael G. F , Project Ma ager CITY OF PALM SPRINGS: In accordance with the above, I hereby certify that the Development Improvement Agreement and/or Maintenance Guarantee are made by record by this memorandum and that the same may be inspected and/or copied at the City of�Palm Springs, 3200 E Tahquitz Canyon Way, Palm Springs, CA 9 62. By:_ Date: f� David H. Ready,City Manager a APPROVED BY CITY MANAGER all ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) Ss. City of Palm Springs ) On October 19, 2015, 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 19th day of October, 2015. O�yALM,. + 'z a V N r Signature: gIrFOAN� AMES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document: Recording Memorandum - A6758 KW Palm Springs LLC, 411 W Garnett, Palm Springs, CA 92262 Fed Ex Building EXHIBIT D Legal Description PARCEL B, AS SHOWN ON LOT LINE ADJUSTMENT GRANT DEED AS EVIDENCE BY DOCUMENT RECORDED AUGUST 01, 2014 AS INSTRUMENT NO, 2014-0290721 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; A PARCEL OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW 1/4 SE 1/4) OF SECTION 15, AND LYING WITHIN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW 1/4 NE 1/4) OF SECTION 22, ALL IN TOWNSHIP 3 SOUTH, RANGE 4 EAST OF THE SAN BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE-QUARTER (1/4) CORNER COMMON TO SECTIONS 15 AND 22, TOWNSHIP 3 SOUTH, RANGE 4 EAST OF THE SAN BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE N 000 15' 02" E (N 000 14' 55" E - RECORD PER PARCEL MAP NO, 21921, FILED FEBRUARY 23, 1990, IN PARCEL MAP BOOK 162, PAGES 18-23, INCLUSIVE, OF OFFICIAL RECORDS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA) ALONG THE NORTH-SOUTH ONEQUARTER (N-S Ua) SECTION LINE OF SAID SECTION 15, A DISTANCE OF 369.45 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF GARNET AVENUE, SAID POINT BEING 17.50 FEET SOUTHWESTERLY OF THE CENTERLINE OF SAID GARNET AVENUE AS MEASURED AT RIGHT ANGLES THERETO; THENCE S 760 17' 18" E (S 760 18' 24" E - RECORD PER SAID PARCEL MAP NO. 21921) ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID GARNET AVENUE, A DISTANCE OF 405.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING 5 760 17' 18" E (S 760 18' 24" E - RECORD PER SAID PARCEL MAP NO. 21921) ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID GARNET AVENUE, A DISTANCE OF 615.79 FEET TO AN ANGLE POINT IN THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID GARNET AVENUE, SAID POINT BEING 17.5 FEET SOUTHWESTERLY OF THE CENTERLINE OF SAID GARNET AVENUE, AS MEASURED AT RIGHT ANGLES THERETO; THENCE S 130 42' 42" W (S 130 51' 40" W - RECORD PER DEED RECORDED JUNE 5, 2009, AS INSTRUMENT NO. 2009_286236, OF OFFICIAL RECORDS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA) ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID GARNET AVENUE, A DISTANCE OF 15.57 FEET (15.44 FEET - RECORD PER SAID INSTRUMENT NO. 2009-286236) TO AN ANGLE POINT IN THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID GARNET AVENUE; THENCE S 760 17' 18" E (S 760 08' 20" E - RECORD PER SAID INSTRUMENT NO. 2009-286236) ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID GARNET AVENUE, A DISTANCE OF 163.40 FEET (163.37 FEET - RECORD PER SAID INSTRUMENT NO. 2009-286236) TO AN ANGLE ------------- POINT IN THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID GARNET AVENUE; THENCE S 130 42' 42" W (5 130 50' 52" W - RECORD PER DEED RECORDED TUNE 5, 2009, AS INSTRUMENT NO, 2009-286234, OF OFFICIAL RECORDS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA) ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID GARNET AVENUE, A DISTANCE OF 26.25 FEET TO AN ANGLE POINT IN THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID GARNET AVENUE; THENCE S 760 03' 40" E (S 750 54' 30" E - RECORD PER SAID INSTRUMENT NO. 2009-286234 ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID GARNET AVENUE, A DISTANCE OF 184.51 FEET; THENCE S 000 01' 36" W, A DISTANCE OF 21.06 FEET TO THE EAST ONE-SIXTEENTH (E 1/16) CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 22; THENCE CONTINUING S 000 01' 36" W (S 000 02' 24" W - RECORD PER RECORD OF SURVEY FILED MARCH 20, 1986, IN BOOK 75, PAGE 69, OF OFFICIAL RECORDS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA) ALONG THE EAST ONE-SIXTEENTH (E 1/16) LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 22, A DISTANCE OF 39.42 FEET; THENCE S 240 01' 55" W, A DISTANCE OF 991.37 FEET TO THE SOUTHWESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN AN EASEMENT RECORDED JUNE 17, 1968, AS INSTRUMENT NO. 56471, OF OFFICIAL RECORDS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND THE NORTHEASTERLY RIGHT OF WAY LINE OF THE SOUTHERN PACIFIC RAILROAD, SAID POINT BEING 200.00 FEET NORTHEASTERLY OF THE CENTERLINE OF SAID SOUTHERN PACIFIC RAILROAD, THE SOUTHWESTERLY LINE OF AN EASEMENT TO SOUTHERN CALIFORNIA GAS COMPANY AND SOUTHERN COUNTIES GAS COMPANY, RECORDED JUNE 17, 1968 AS INSTRUMENT NO, 56471, OF OFFICIAL RECORDS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND BEING A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 5,929.65 FEET AND TO WHICH POINT A RADIAL LINE BEARS N 290 00' 58" E; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN INSTRUMENT NO. 56471 AND THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID SOUTHERN PACIFIC RAILROAD AND ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,005.79 FEET THROUGH A CENTRAL ANGLE OF 090 43' 07" TO THE NORTH-SOUTH ONE- QUARTER (N-5 1/4) SECTION LINE OF SAID SECTION 22; THENCE N 000 05' 23" W (N 000 04' 25" W - RECORD PER SAID RECORD OF SURVEY, BOOK 75, PAGE 69 ALONG THE NORTH-SOUTH ONE-QUARTER (N-S 1/4) SECTION LINE OF SAID SECTION 22, A DISTANCE OF 209.93 FEET TO THE SOUTHWESTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN A DEED RECORDED JULY 14, 1964, AS INSTRUMENT NO. 85538, OF OFFICIAL RECORDS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE N 890 54' 37" E (N 880 44' 25' E - RECORD PER SAID INSTRUMENT NO. 85538) ALONG THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN SAID INSTRUMENT NO. 85538, A DISTANCE OF 85.00 FEET (85.00 FEET - RECORD PER SAID INSTRUMENT NO. 85538) TO THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN SAID INSTRUMENT NO. 85538; THENCE N 000 05' 23" W (N 010 15 35" E - RECORD PER SAID INSTRUMENT NO. 85538 ALONG THE EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN SAID INSTRUMENT NO. 85538, A DISTANCE OF 160.00 FEET(160.00 FEET- RECORD PER SAID INSTRUMENT NO. 85538 TO THE NORTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN SAID INSTRUMENT NO. 85538; THENCE N 890 54' 37" E, A DISTANCE OF 107.22 FEET; THENCE N 240 01' S5" E, A DISTANCE OF 497,46 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID GARNET AVENUE AND THE POINT OF BEGINNING.