HomeMy WebLinkAboutA6616 - ALURE Palm Springs, Sherman Associates, AGAVE 28 TM 33161 CASE 5.1037RECORDING 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
�� �U) 2021-0439393
07/22/2021 11:33 AM Fee: $ 0.00
Page 1 of 47
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
Filing fee EXEMPT per Government Code 6103
SUBDIVISION IMPROVEMENT AGREEMENT
ALURE Palm Springs, LLC
and
The City of Palm Springs, California
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
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TABLE OF CONTENTS
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
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
Labor.................................................................................................................... 6
3.1 Labor Standards........................................................................................ 6
3.2 Nondiscrimination...................................................................................... 6
3.3 Licensed Contractors.................................................................................6
3.4 Workers' Compensation.............................................................................6
Security................................................................................................................ 6
4.1 Required Security ...................................................................................... 6
4.2 Form of Security Instruments..................................................................... 7
4.3 Subdivider's Liability .................................................................................. 8
4.4 Letters of Credit......................................................................................... 8
4.5 Release of Security Instruments................................................................ 9
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5. Cost of Construction and Provision of Inspection
Service................................................................................................................. 9
5.1 Subdivider Responsible for All Related Costs of
Construction............................................................................................... 9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services........................................................................ 10
6. Acceptance of Offers of Dedication.................................................................... 10
7. Warranty of Work................................................................................................ 10
8. Default................................................................................................................10
8.1 Remedies Not Exclusive.......................................................................... 10
8.2 City Right to Perform Work...................................................................... 10
8.3 Attorney's Fees and Costs....................................................................... 11
9. Indemnity............................................................................................................ 11
10 General Provisions............................................................................................. 11
10.1 Successors and Assigns.......................................................................... 11
10.2 No Third Party Beneficiaries.................................................................... 11
10.3 Entire Agreement; Waivers and Amendments ......................................... 11
11. Corporate Authority............................................................................................ 11
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this a-7"� day of Mray , 2021, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and ALURE Palm Springs,
LLC, a California Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has
map for Tract Map No. 33161 located in the City of
State of California (the "Property"), as described
conditions of approval for the development of t
described on Exhibit "B".
obtained approval of a subdivision
Palm Springs, County of Riverside,
on Exhibit "A". The map contains
he Property (the "Conditions') as
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs Lot "A" for street and public utility purposes; easements for
public utility and sewer purposes with right of ingress and egress for service and
emergency vehicles and personnel over Lot "B" (the on -site private streets), as shown
on the map; the 24 feet wide easements for public utility and sewer purposes as shown
on the map; the easements for pedestrian access along Las Vegas Road, as shown on
the map; abutters rights of access to Lot "A" (Radio Road) adjacent to Lots 4 through
10, 12, 13, 16, and 17, all as shown on the final map; and abutters rights of access to
Las Vegas Road adjacent to Lots 1, 19 through 28, Lot "C" and Lot "D", all as shown on
the map; and City desires to accept the public dedication as shown on the final map,
and certain other improvements described in this Agreement.
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 $425,530.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
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1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
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direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
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Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon demonstration of good cause, subject to
review and approval by the City Council.
2.2 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 speck 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
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date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. In connection with its performance under this
Agreement, Subdivider shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital
status, ancestry, national origin (i.e., place of origin, immigration status, cultural or
linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender
expression, physical or mental disability, or medical condition (each a "prohibited
basis"). Subdivider shall ensure that applicants are employed, and that employees are
treated during their employment, without regard to any prohibited basis. As a condition
precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Subdivider certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Subdivider activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship; and further, that Subdivider is in full compliance with the provisions of
Palm Springs Municipal Code Section 7.09.040, including without limitation the
provision of benefits, relating to non-discrimination in city contracting. This provision
shall also apply to any contractors or subcontractors engaged in construction of the
Works of Improvement.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
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Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Security.
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$425,530.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $245,090.00 equal to 50% of the estimated construction cost
referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $15,800.00 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 $113,475.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
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(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
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under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
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such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed -upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
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such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
11
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authoritv.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
12
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST:
L !•1!ffl Ali
.. � u g
•MZfflr111& • .
APPROVED AS TO FORM
CITY OF PALM SPRINGS,
JustU Clifton
City of Palm Springs / City Manager
APPR MSYCrrvcouNICir
Jeff Bal n er 15 A( 6db
City of Palm Springs / City Attorney
SUBDIVIDER:
ALURE Palm Springs, LLC, a California Limited Liability Company
Check one: _Individual _Partnership _Corporation*X Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
SIGNED IN COUNTERPART
M
Signature (notarized)
Title:
(For Corporations, this document must
be signed in the above space by one of
the following: Chairman of the Board,
President or any Vice President)
M
SIGNED IN COUNTERPART
Signature (notarized)
Name:
For Corporations, this document must be
signed in the above space by one of the
following: Secretary, Chief Financial
Officer or any Assistant Treasurer)
13
Mailing Address:
P.O. Box 1573
Rancho Mirage, Ca
92270
() - (fax)
14
A
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST:
CALIFORNIA
SIGNED IN COUNTERPART
By
Anthony J. Mejia, MMC
City of Palm Springs / City Clerk
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
Jeff Ballinger
City of Palm Springs / City Attorney
SUBDIVIDER:
CITY OF PALM SPRINGS,
SIGNED IN COUNTERPART
David H. Ready
City of Palm Springs / City Manager
ALURE Palm Springs, LLC, a California Limited Liability Company
Check one: _Individual _Partnership _Corporation'X Company
'Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
Signature (notarized)
Name:
Title: M1
By:
Signature (notarized)
Name:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
PETER ALDANA R"P.O.. Box Box
751
COUNTY OF RIVERSIDE Riverside, CA 92502-0751
ASSESSOR -COUNTY CLERK -RECORDER (951)4ee7000
w riversideacr.com
CERTIFICATION
Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document:
(Print or type the Page number(s) and wording below):
Brianl Foster
Date: 07/13/2021
Signature:
Print Name: Juan R. Miniares
ACR 601 (Rev. 09/2005) Available in Alternate formats
Mailing Address:
P.O. Box 1573
Rancho Mirage, Ca
92270
(fax)
14
State of k i kUI 'U! \ )i \
On 1`J VAM l tl f/ 13 U before
personally appeared
NAME(S) OF SIGNER(S)
G personally known to me - OR —
G proved to me on the basis of satisfactory evidence to be the
persons(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the
entity upon behalf of which the persons(s) acted, executed the
instrument.
and offici al.
/ LAREoi NA C. RNlC0
MO(py JurOTli i
RNenfd. - County II
Of NotCo'n ^1s+lon 0 232973,
NY Comm. upe. Jun 19. 203,
CAPACITY CLAIMED BY
SIGNER
G INDIVIDUAL(S)
GCORPORATE
OFFICER(S)
TITLE(S)
GPARTNER(S)
GATTORNEY-IN-FACT
GTRUSTEE(S)
GSUBSCRIBING WITNESS
GGUA„RnD IAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
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 J\�l]�/V\11111 \�111)111' (;t 11 IiVrCY�
MUST BE ATTACHED °—
TO THE DOCUMENT Number of Pages i ► DATE OF DOCUMENTM In
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
15
PETER ALDANA
Raorder
P.O. Box 751
COUNTY OF RIVERSIDE
Riverside, CA 92502-0751
ASSESSOR -COUNTY CLERK -RECORDER
(951)486-70DO
w riverside rxom
CERTIFICATION
Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document:
(Print or type the page number(s) and wording below):
Date: 07/13/2021
Signature:
Print Name: J R. Miniares
ACR 601 (Rev. 09/2005) Available in Alternate Formats
State of _
County of
On
Date
personally appeared
ALL-PURPOSE ACKNOWLEDGMENT
before me,
Name, Title of Officer
NAME(S) OF SIGNER(S)
G personally known to me - OR —
G proved to me on the basis of satisfactory evidence to be the
persons(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the
entity upon behalf of which the persons(s) acted, executed the
instrument.
Witness my hand and official seal.
Signature of Notary
CAPACITY CLAIMED BY
SIGNER
G INDIVIDUAL(S)
GCORPORATE
OFFICER(S)
TITLE(S)
GPARTNER(S)
GATTORNEY-IN-FACT
GTRUSTEE(S)
GSUBSCRIBING WITNESS
GGUARDIAN/CONSERVATOR
GOTHER
SIGNER IS REPRESENTING:
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 Di
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages
DESCRIBED AT RIGHT:
17���i7��ZiZfl�LLL�i•>tl
Other Than Named
15
EXHIBIT "A"
TRACT MAP 33161 LEGAL DESCRIPTION
Tract Map No. 33161, as recorded in Map Book 422, Pages 20 through 22 inclusive, records of
Riverside County, California.
16
EXHIBIT "B"
TENTATIVE TRACT MAP 33161 CONDITIONS OF APPROVAL
17
RESOLUTION NO. 21328
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1037
TTM33161-AN APPLICATION BY SHERMAN
ASSOCIATES FOR A TENTATIVE TRACT MAP AND
PRELIMINARY PLANNED DEVELOPMENT DISTRICT, TO
SUBDIVIDE 5.95 ACRES INTO 32 LOTS FOR FUTURE
CONSTRUCTION OF 32 DETACHED RESIDENCES,
LOCATED BETWEEN LAS VEGAS ROAD AND RADIO
ROAD WEST OF INDIAN CANYON DRIVE, ZONE R2,
SECTION 34, APN 669-441-013.
WHEREAS, Sherman Associates ("Applicant") has filed an application with the
City pursuant to Section 9.62 of the Municipal Code, Section 94.03.00 of the
Zoning Ordinance and Section 92.25.00 of the Zoning Ordinance for a Tentative
Tract Map, Planned Development District to allow the construction of 32
detached single family residences, a private street and pavement, and a mini -
park located between Radio Road and Las Vegas Road west of Indian Canyon
Drive, Zone R-2, Section 34, APN 669441013; and
WHEREAS, a neighborhood meeting was held by the applicant with staff
attendance at the James O. Jesse Community Center on May 10, 2005; and
' WHEREAS, notice of public hearing of the Planning Commission of the City of
Palm Springs to consider the application for Case 5.1037, PD-309 and
TTM33161 was given in accordance with applicable law; and
WHEREAS, on June 8, 2005, a public hearing on the project was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, on June 8, 2005, the Planning Commission of the City of Palm
Springs voted to recommend approval of the project; and
WHEREAS, the Planning Commission has carefully reviewed and considered all
of the evidence presented in connection with the hearing on the project including,
but not limited to, the staff report, and all written and oral testimony presented;
and
WHEREAS, notice of the public hearing of the City Council of the City of Palm
Springs to consider Case 5.1037, PD 309, and Tentative Tract map 33161 was
given in accordance with applicable law; and
WHEREAS, on July 6, 2005 a public hearing on the application for Case 5.1037,
PD 309, and Tentative Tract Map 33161 was held by the City Council in
' accordance with applicable law; and
Resolution No. 21328
Page 2
WHEREAS, the City Council has carefully reviewed and considered all of the I
evidence presented in connection with the hearing on the project including, but
not limited to, the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY DOES
RESOLVE AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds as follows:
The Initial Study and Mitigated Negative Declaration adequately
addresses the general setting of the project, its potentially significant
impacts, and the mitigation measures related to each significant effect for
the proposed project.
The City Council further finds that with the adoption of proposed Mitigated
Negative Declaration. With the mitigated potentially significant
environmental impacts resulting from this project will be reduced to a level
of insignificance.
Section 2: Pursuant to Section 94.02.00 of the Zoning Ordinance:
a. That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this I
Zoning Code;
b. The proposed density does not exceed the General Plan requirements.
c. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be
located;
d. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood;
e. That the site for the proposed use relates to streets and highways
property designed and improved to carry the type and quantity of traffic to
be generated by the proposed use;
The proposed project is serviced by a collector street (Radio Road) and a
local street (Las Vegas Road) that has the capacity to carry the type and
quantity of traffic expected to be generated by the residential and I
commercial uses.
Resolution No. 21328
Page 3
f. That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety and general
welfare and may include minor modification of the zone's property
development standards.
The conditions of approval imposed are necessary to protect the public
health, safety and general welfare.
Section 3 Pursuant to Zoning Ordinance Section 94.03.00, the City Council finds
that:
a. The detached single family residential is a permitted use in the R2
zone in conformity with the required findings and conditions as set forth
in the zoning ordinance, the General Plan and sound community
development.
b. A full range of development standards is established appropriate to the
orderly development of the site which shall include the following:
Table 2.0 -- Zone R2 and Proposed Development Standards
Development
R2 Development Standards
Proposed
standards
Lot area
20,000
5624 sq. ft.-8314 sq. ft.
Minimum Width
Interior-130 feet
60 ft. -105 ft.
Comer-140 feet
Reversed corner-145 feet
Culdesac-130 feet
Minimum Depth
150 feet
64 ft.-126 ft.
Front Yard
25 feet
42 ft.-5 ft.
Side Yard
10 ft. minimum
19 ft.-5 ft
Rear Yard
10 ft minimum -Lots backing on R1-min. of 15
18 ft: 12 ft.
ft.
Lots backing on commercial/industrial
10 ft.-5 ft.
requires a min. 20 ft.
Resolution No. 21328
Page 4
Lot Coverage
50% usable landscaped open
57% whole property
space (OS) and outdoor living and recreation
Average 68% OS per lot
areas required.
Structures exceeding 18 ft. in height and 1
Average 31 %
story, lot coverage no more than 30% of
Lots 5,11,14,15,18,19,
total area.
20,22,24,26,29,30,31,
and 32 exceed
30% lot coverage.
Minimum
Lot A - 2,131 sq. ft.
Dwelling Size
Lot B - 1,674 sq. ft.
Lot C - 2,245 sq. ft.
Density
3,000 sq. ft. per dwelling unit
32 Proposed
Bldg. Height
Maximum 24 ft. and 2 stories
Lot A -19.6 feet TOP
Lot B - 22 feet TOP
Lot C - 15 feet TOP
Distance between
15 ft. when residential is adjacent and
buildings
parallel to each other. Min. distance
between
10 ft. — 80 ft.
bldgs. on opposite sides of an interior court
shall be 30 ft.
Guest Parking
None listed
6 guestspaces
Distance from
pools to
5 feet
5 feet
wall
c. This Planned Development District is established through application
of the property owner in accordance with the public hearing procedures
as set forth in Section 94.02.00(B), the requirements of the California
Environmental Quality Act, and the approval of preliminary and final
development plans.
d. Development of this Planned Development District shall be subject to
the requirements of section 94.03.00 and shall conform to the
specifications of the final development plan as approved by the City
Council.
e. The approval of the preliminary development plans constitutes
approval of the preliminary Planned Development District, which shall
be incorporated into and become a part of the Final Planned
Development District
1
Resolution No. 21328
Page 5
f. The applicant shall submit final development plans for review by the
Architectural Advisory Committee and the Planning Commission. Final
plans shall be substantially in conformance with the approved
preliminary plan and shall incorporate all modifications and conditions
made to the preliminary development plan made by the Planning
Commission and City Council, and shall be submitted with the final
development plan checklist provided by the Department of Planning
Services.
ADOPTED THIS 6th day of July, 2005.
David H. Ready, City hager
ATTEST:
,dam es Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21328 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 July 6, 2005, by the following
vote:
AYES: Councilmember Foat, Councilmember Pougnet, Councilmember Mills,
Mayor Pro Tern McCulloch and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
' ity of Palm Springs, California
Resolution No. 21328
Page 6
CONDITIONS OF APPROVAL '
CASE 5.1037 PD-309
TTM33161
TENTATIVE TRACT MAP
PLANNED DEVELOPMENT DISTRICT
SHERMAN ASSOCIATES
VISTA SAN JACINTO
JULY 6, 2005
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE '
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City
Codes, ordinances and resolutions which supplement the zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void or
annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Tentative Tract Map 33161 and Case
5.1037— Planned Development District 309. The City of Palm Springs will promptly
notify the applicant of any such claim, action, or proceeding against the City of Palm
Springs and the applicant will either undertake defense of the matter and pay the
City's associated legal costs or will advance funds to pay for defense of the matter
by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant
of any such claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless
the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to
settle or abandon the matter without the applicant's consent but should it do so, the
City shall waive the indemnification herein, except, the City's decision to settle or '
abandon a matter following an adverse judgment or failure to appeal, shall not cause
a waiver of the indemnification rights herein.
Resolution No. 21328
Page 7
3. That the property owner(s) and successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, bikeways,
parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences
between the curb and property line, Including sidewalk or bikeway easement areas
that extend onto private property, in a first class condition, free from waste and
debris, and in accordance with all applicable law, rules, ordinances and regulations
of all federal, state, and local bodies and agencies having jurisdiction at the property
owner's sole expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform Building
Code, the fee being 1/2% for commercial projects or 1/4% for residential projects
with first $100,000 of total building permit valuation for individual single-family units
exempt. Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
' 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made. Accordingly,
all residential development shall be subject to parkland dedication requirements
and/or park improvement fees. The parkland mitigation amount shall be based upon
the cost to acquire and fully improve parkland. The fee shall be collected by the
Planning Services Department.
6. The Project will bring additional residents to the community. The City's existing
public safety and recreation services, including police protection, criminal justice, fire
protection and suppression, ambulance, paramedic, and other safety services and
recreation, library, cultural services are near capacity. Accordingly, the City may
determine to form a Community Services District under the authority of Government
Code Section 53311 at. seq., or other appropriate statutory or municipal authority.
Developer agrees to support the formation of such assessment district and shall
waive any right to protest, provided that the amount of such assessment shall be
established through appropriate study and shall not exceed $500 annually with a
consumer price index escalator. The district shall be formed prior to sale of any lots
or a covenant agreement shall be recorded against each parcel, permitting
incorporation of the parcel in the district.
Resolution No. 21328
Page 8
CC&R's '
7. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning
Services for approval in a form to be approved by the City Attorney, to be recorded
prior to approval of a final map. The CC&R's shall be enforceable by the City, shall
not be amended without City approval, shall require maintenance of all property in a
good condition and in accordance with all ordinances,
8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2,000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also
be paid to the City Planning Department for administrative review purposes.
Cultural Resources
9. Prior to any ground disturbing activity, including clearing and grubbing, installation of
utilities, and/or any construction related excavation, an Archaeologist qualified
according to the Secretary of the Interior's Standards and Guidelines, shall be
employed to survey the area for the presence of cultural resources identifiable on
the ground surface.
10.The project area has the possibility of buried resources. A Native American Monitor I
shall be present during all ground -disturbing activities.
a) Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s)
shall be present during all ground disturbing activities including clearing
and grubbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning Services and after the consultation
the Director shall have the authority to halt destructive construction and
shall notify a Qualified Archaeologist to investigate and, if necessary, the
Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural
Resource Coordinator for approval.
b) Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning and Zoning Department prior to final inspection. ,
11
Resolution No. 21328
Page 9
Final Design
12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services, Department of
Public Works, and Department of Parks and Recreation, prior to issuance of a
building permit. Landscape plans shall be approved by the Riverside County
Agricultural Commissioner's Office prior to submittal. All landscaping located
within the public right of way or within community facilities districts must be
approved by the Public Works Director and the Director of Parks and Recreation.
13. The wall on Radio Road shall have a staggered 50-75% movement which will
allow more pockets for free movement and landscape plantings including trees.
14. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning & Zoning prior to the issuance of building permits.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be submitted for approval prior to issuance of a building permit.
If lights are proposed to be mounted on buildings, down -lights shall be utilized.
No lighting of the hillside is permitted.
15. Approved Development Standards are as follows:
Development Standards
Lot area
Minimum Width
Minimum Depth
Front Yard
Side Yard
Rear Yard
Proposed
5624 sq. ft.-8314 sq. ft.
60 ft. -105 ft.
64 ft.-126 ft.
42 ft.-5 ft.
19 ft.-5 ft
18 ft.-12 ft.
10 ft.-5 ft.
Resolution No. 21328
Page 10
Lot Coverage
Minimum Dwelling Size
Density
Building Height
Distance between buildings
Guest Parking
Distance from pools to wall
57% whole property
Average 68% Open Space per lot.
Average Lot Coverage 31 %.
Lots
5,11,14,15,18,19,20,22,24,26,29,3
0,31, and 32 exceed 30% lot
coverage.
Lot A - 2,131 sq. ft.
Lot B - 1,674 sq. ft.
Lot C - 2,245 sq. ft.
32 Proposed
Lot A -19.6 feet TOP
Lot B - 22 feet TOP
Lot C - 15 feet TOP
10ft. —80ft.
6 guest spaces
5 feet
GENERAL CONDITIONS/CODE REQUIREMENTS
16. Commencement of the Tract Map under this Tentative Tract Map shall be within
two (2) years from the effective date of approval. The Planning Commission
upon demonstration of good cause may grant extensions of time.
17. The Planned Development District approval shall be valid for a period of six
months (6) months. The Planning Commission upon demonstration of good
cause may grant extensions of time.
18. Commencement of the construction shall be within two (2) years from the
effective date of approval of the Final Planned Development. The Planning
Commission upon demonstration of good cause may grant extensions of time.
19. If the use of the subject property is ever changed, the City reserves the right to
modify or revoke this Tentative Tract Map and/or Planned Development District
application.
Resolution No. 21328
Page 11
' 20. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning and Zoning for review and
approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the
Municipal Code for specific requirements.
21. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan
shall be submitted and approved by the Building Official. Refer to Chapter 8.50
of the Municipal Code for specific requirements.
22. The grading plan shall show the disposition of all cut and fill materials. Limits of
site disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
23. Separate architectural approval and permits shall be required for all signs. The
Planning Commission prior to issuance of building permits shall submit a detailed
sign program for review and approval.
24. All awnings shall be maintained and periodically cleaned.
25. All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 9303.00 of the Zoning
' Ordinance. The screening shall be considered as an element of the overall
design and must blend with the architectural design of the building(s). The
exterior elevations and roof plans of the buildings shall indicate any fixtures or
equipment to be located on the roof of the building, the equipment heights, and
type of screening. Parapets shall be at least 6" above the equipment for the
purpose of screening.
26. No exterior downspouts shall be permitted on any facade on the proposed
building(s), which are visible from adjacent streets or residential and commercial
areas. Scuppers are an allowed feature.
27. Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 9302.00.D.
28. The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
29. The street address numbering/lettering shall not exceed eight inches in height.
30. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of Title
25 of the California Administrative Code. Compliance shall be demonstrated to
' the satisfaction of the Director of Building and Safety.
Resolution No. 21328
Page 12
31. Submit plans meeting City standard for approval on the proposed trash and ,
recyclable materials enclosure prior to issuance of a building permit.
32. Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
33. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
34. No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
35. Vehicles associated with the operation of the proposed development including
company vehicles or employee's vehicles shall not be permitted to park off the
proposed building site unless a parking management plan has been approved.
36. Prior to the issuance of building permits, locations of all telephone and electrical
boxes must be indicated on the building plans and must be completely screened
and located in the interior of the building. Electrical transformers must be located
toward the interior of the project maintaining a sufficient distance from the
frontage(s) of the project. Said transformer(s) must be adequately and
decoratively screened.
37. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, '
buildings, or other structures. Areas that are not part of the maneuvering area
shall have curbs placed at a minimum of two (2) feet from the face of walls,
fences or buildings adjoining driveways.
POLICE DEPARTMENT
38. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
39. Prior to any construction on -site, all appropriate permits must be secured.
FIRE DEPARTMENT
Residential Smoke Detector Installation: Provide Residential Smoke Detectors.
Detectors shall receive their primary power from the building wiring, and shall be
equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall
be interconnected so that operation of any smoke detector causes the alarm in all
smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the I
plans showing this requirement.
Resolution No. 21328
Page 13
' Premises Identification: Approved numbers or addresses shall be provided for all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. (901.4.4 CFC)
Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If
parking on one side of the access road is desired, provide an additional 8 foot wide
parking lane with opposing curb marked red with appropriate signage for a total 28 foot
width. If parking on both sides of the access road is desired, provide an 8 foot wide
parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC)
Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit
gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide
require red painted curb to maintain minimum 20 foot clear width. Red curb shall be
stenciled "NO PARKING" and "FIRE LANE" with white paint. (901.4 CFC)
Water Systems and Hydrants: Underground water mains and fire hydrants shall be
installed, completed, tested and in service prior to the time when combustible materials
are delivered to the construction site. (903 CFC). Prior to final approval of the
installation, contractor shall submit a completed Contractor's Material and Test
Certificate to the fire department. (9-2.1 NFPA 24)
Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of
' all combustible construction. No landscape planting, walls, or fencing are permitted
within 3 feet of fire hydrants, except groundcover plantings.
Fire Flow: The required fire flow for this project is 1000 gallons per minute.
Resolution No. 21328
Page 14
ENGINEERING DEPARTMENT '
CONDITIONS OF APPROVAL
JULY 6, 2005
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance
with City standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
RADIO ROAD ,
3. Dedicate an additional right-of-way of 3 feet along the entire frontage of the
subject property.
4. Construct a 6 inch curb and gutter, 25 feet north of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
5. Construct a minimum pavement section of 3 inches asphalt concrete pavement
over 6 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, from edge of proposed gutter to
centerline along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110 and 310. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using "R" values from the project site and
submitted to the City Engineer for approval.
LAS VEGAS ROAD
6. Construct two 32 feet wide driveway approaches in accordance with City of Palm
Springs Standard Drawing No. 205, at the locations as shown on the approved
Tentative Tract Map. The easterly entry shall be aligned with El Dorado I
Boulevard.
Resolution No. 21328
Page 15
7. The entries shall not be gated. Insufficient space is provided for safe turn -around
of vehicles unable to enter the project.
8. Construct a Type C curb ramp meeting current California State Accessibility
standards on each side of the two driveway approaches in accordance with City
of Palm Springs Standard Drawing No. 214.
9. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210. The sidewalk
may be meandering. If a meandering sidewalk is proposed, easements for
pedestrian and sidewalk purposes shall be granted for portions of the
meandering sidewalk that leave the public right-of-way.
10. All broken or off grade street improvements shall be repaired or replaced.
ON -SITE PRIVATE STREET
11. Lot "A", as shown on the Tentative Tract Map, shall be revised to delete those
portions of the proposed retention basin/drainage areas from the on -site private
street lot. Separate Lots (i.e. Lots "B" and "C") shall be created for the retention
basin/drainage areas.
' 12. Dedicate easements extending from back of curb to back of curb to the City of
Palm Springs for public utility and sewer purposes, and for service and
emergency vehicles and personnel, over the private street.
13. A Homeowners Association shall enter into a reciprocal access agreement with
the property owner(s) for those portions of the lots being used for common/open
space purposes (i.e. on -site streets and/or parking spaces). Provisions for
reciprocal access shall be included in Covenants, Conditions, and Restrictions
(CC&R's) for this project, and shall be provided to the City Engineer for review
and approval prior to approval of the final map.
14. Easements for on -site streets and parking spaces to be considered as part of the
common/open space to be maintained by a Homeowners Association shall be
reserved on the final map.
15. The on -site private street shall consist of a minimum 24 feet wide two-way travel
way. Provisions for drainage of the on -site private street, including approved
wedge curbs and cross -gutters shall be provided to the satisfaction of the City
Engineer.
16. Construct a minimum pavement section of 2'/: inches asphalt concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a California
Resolution No. 21328
Page 16
registered Geotechnical Engineer using "R" values from the project site and '
submitted to the City Engineer for approval.
17. Parking shall be prohibited along the private street except for designated parking
areas.
SANITARY SEWER
18. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
19. The on -site sewer system shall be publicly maintained. Construct an 8 inch
V.C.P. public sewer main across the entire private street frontage and as
necessary to provide sewer service to the proposed development, and connect to
the existing public sewer system in Las Vegas Road. All sewer mains
constructed by the applicant and to become part of the public sewer system shall
be televised prior to acceptance of the sewer system for maintenance by the
City.
20. Submit sewer improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
GRADING I
21. Submit a Precise Grading Plan prepared by a California registered Civil Engineer
or qualified Architect to the Engineering Division for review and approval. The
Precise Grading Plan shall be approved by the City Engineer prior to issuance of
grading permit.
A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Engineering Division for review and approval.
The applicant and/or its grading contractor shall be required to comply with
Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required
to utilize one or more "Coachella Valley Best Available Control Measures" as
identified in the Coachella Valley Fugitive Dust Control Handbook for each
fugitive dust source such that the applicable performance standards are met.
The applicant's or its contractors Fugitive Dust Control Plan shall be prepared by
staff that has completed the South Coast Air Quality Management District
(AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and valid
Certificate(s) of Completion from AQMD for staff that have completed the
required training. For information on attending a Fugitive Dust Control Class and
information on the Coachella Valley Fugitive Dust Control Handbook and related '
"PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909)
396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in
Resolution No. 21328
Page 17
conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be
submitted to and approved by the Engineering Division prior to approval of the
Grading plan.
The first submittal of the Grading Plan shall include the following information: a
copy of final approved conformed copy of Conditions of Approval; a copy of a
final approved conformed copy of the Site Plan; a copy of current Title Report; a
copy of Soils Report; and a copy of the associated Hydrology Study/Report.
22. Drainage swales shall be provided adjacent to all curbs to keep nuisance water
from entering the adjacent streets.
23. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed
permit shall be provided to the City Engineer prior to approval of a Grading Plan.
24. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c),
the developer shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand
relating to this property and development.
' 25. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the
proposed development. A copy of the soils report shall be submitted to the
Building Department and to the Engineering Division prior to approval of the
Grading Plan.
26. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The
California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
27. All stormwater runoff passing through and falling onto the site shall be accepted
and conveyed to a new drainage system to be constructed as part of the
development. An on -site retention and other storm drainage facilities approved
by the City Engineer shall be required, as outlined in the preliminary hydrology
' study for Tentative Tract Map No. 33161, prepared by MSA Consulting, Inc.,
revised May 13, 2005.
Resolution No. 21328
Page 18
28. Construct drainage improvements, including but not limited to catch basins, '
storm drain lines, and outlet structures, for drainage of on -site streets into on -site
retention basins, as described in a final hydrology study for Tentative Tract Map
33161, as approved by the City Engineer. The preliminary hydrology study for
Tentative Tract Map 33161 shall be amended to include catch basin sizing, storm
drain pipe sizing, and retention basin sizing calculations and other specifications
for construction of required on -site storm drainage improvements.
29. Provisions for the interception of nuisance water from entering adjacent streets
from the project site shall be provided through the use of a minor storm drain
system that collects and conveys nuisance water to landscape or parkway areas
or to on -site retention basins, and in only a stormwater runoff condition, pass
runoff directly to the street through parkway or under sidewalk drains.
30. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $6,511.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
31. Separate lots shall be shown on the final map for those areas to be used as
retention basin/drainage areas.
GENERAL ,
32. Any utility trenches or other excavations within existing asphalt concrete
pavement of off -site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off -site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.). Multiple excavations, trenches, and other street cuts within
existing asphalt concrete pavement of off -site streets required by the proposed
development may require complete grinding and asphalt concrete overlay of the
affected off -site streets, at the discretion of the City Engineer. The pavement
condition of the existing off -site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
33. All proposed utility lines shall be installed underground.
34. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line. '
35. The original improvement plans prepared for the proposed development and
Resolution No. 21328
Page 19
' approved by the City Engineer shall be documented with record drawing "as -
built" information and returned to the Engineering Division prior to issuance of a
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
36. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,
all existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are on -site, abutting, and/or
transacting, shall be installed underground unless specific restrictions are shown
in General Orders 95 and 128 of the California Public Utilities Commission, and
service requirements published by the utilities. The existing overhead utilities
across the west property line and running easterly from the west property line
approximately 390 feet, meet the requirement to be installed underground. A
detailed plan approved by the owner(s) of the affected utilities depicting all above
ground facilities in the area of the project to be undergrounded, shall be
submitted to the Engineering Division prior to approval of any grading plan.
37. Nothing shall be constructed or planted in the comer cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code Section 93.02.00, D.
38. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per
City of Palm Springs Standard Drawing No. 904.
MAP
39. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcel and all lots created
therefrom, and copies of record documents shall be submitted with the Final Map
to the Engineering Division as part of the review of the Map. The Final Map shall
be approved by the City Council prior to issuance of building permits.
40. Easements for flood control and drainage purposes shall be reserved across
those portions of the property to be used as retention basins, limiting the use of
these portions of the property for flood control and drainage purposes in
perpetuity, and restricting any and all encroachments, construction or
improvements therein. Provisions for maintenance of the flood control retention
basins shall be included in Covenants, Conditions, and Restrictions (CC&R's) for
this project, and shall be provided to the City Engineer for review and approval
prior to approval of the final map.
TRAFFIC
Resolution No. 21328
Page 20
Pay to the City of Palm Springs the fair share contribution towards the '
construction of a traffic signal at the intersection of Indian Canyon Drive and
Tramview Road. The fair share contribution has been determined as 0.43% by
the Traffic Impact Study Update for Tentative Tract Map 33161, prepared by
Endo Engineering, dated January 26, 2005. The developer shall post payment of
$650.00 to the City of Palm Springs prior to approval of a final map.
41. Pay to the City of Palm Springs the fair share contribution towards the
construction of a traffic signal at the intersection of Indian Canyon Drive and
Sunrise Parkway. The fair share contribution has been determined as 0.62% by
the Traffic Impact Study for Tentative Tract Map 33161, prepared by Endo
Engineering, dated January 26, 2005. The developer shall post payment of
$924.00 to the City of Palm Springs prior to approval of a final map.
42. Install street name signs at the two intersections of the on -site private street and
Las Vegas Road in accordance with City of Palm Springs Standard Drawing Nos.
620 through 625.
43. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the two intersections of the on -site private street and Las Vegas
Road in accordance with City of Palm Springs Standard Drawing Nos. 620-625. '
44. Construction signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the City Engineer. As a minimum,
all construction signing, lighting and barricading shall be in accordance with State
of California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 1996, or subsequent
additions in force at the time of construction.
45. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8204
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
SUBDIVISION IMPROVEMENT AGREEMENT
Real property in the City of Palm Springs, County of Riverside, State of California, as
described:
Land described in Exhibit "A"
Tract Map 33161
Dated: May 27, 2021
From,
ALURE PALM SPRINGS, LLC
Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is
hereby accepted by the City Clerk of said City of Palm Springs, on this 22"d day of July,
2021, pursuant to authority granted by the City Council of said City, by Resolution No. 20255
made on the 16th day of January, 2002, and the Grantee consents to recordation thereof
by the City Clerk, its duly authorized officer.
Dated at Palm Springs, California, this 22"d day of July 2021.
NTHONY M
ITY CLERK
DOC # 2014-0485975
12/19/2014 11:07A Fee:NC
Page 1 of 40
Recorded in official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
RECORDING TY REOF PALM SPRINGS IIIIIII IIIIIII IIII III IIIIII IIIIIII IIIII III IIIII IIII IIII
City of Palm Springs S R U PAGE SIZE DA I MISC I LONG RFD I COPY
City Clerk
P O Box 2743
Palm Springs, CA 92263 M A L 466 426 PCOR NCOR S M F CHG ExA
' T: CTY UNI `U4 �
1 fJJJ�
Filing fee EXEMPT per Government Code 6103
A6616
SUBDIVISION IMPROVEMENT AGREEMENT
AGAVE 28, LP
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
TABLE OF CONTENTS
Page
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....................................................................................................................................3
1.13 Suspension of Work......................................................................................................................................3
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..................................................................................................................................4
2.3 Force Majeure...............................................................................................................................................4
2.4 Continuous Work...........................................................................................................................................5
2.5 Reversion to Acreage....................................................................................................................................5
2.6 Time of the Essence......................................................................................................................................5
3. Labor..........................................................................................................................................................................5
3.1 Labor Standards............................................................................................................................................5
3.2 Nondiscrimination..........................................................................................................................................5
3.3 Licensed Contractors.....................................................................................................................................5
3.4 Worker's Compensation ................................................................................................................................5
4. Security.......................................................................................................................................................................6
IIII II I I III III III I IIIII II I II III 1 ll_ll c R f 4R?07R
4ARequired Security..........................................................................................................................................6
(b) Required Security Instrument for Maintenance and Warranty..........................................................6
4.2 Form of Security Instruments.........................................................................................................................6
(a) Bonds...............................................................................................................................................6
(b) Letters of Credit................................................................................................................................7
(c) Instrument of Credit..........................................................................................................................7
(d) General Requirements for all Security Instruments..........................................................................7
4.3 Subdivider's Liability......................................................................................................................................7
4.4 Letters of Credit.............................................................................................................................................7
4.5 Release of Security Instruments....................................................................................................................8
5. Cost of Construction and Provision of Inspection Service. .........................................................................................8
5.1 Subdivider Responsible for All Costs of Construction....................................................................................8
5.2 Payment to City for Cost of Related Inspection and Engineering Services....................................................9
6. Acceptance of Offers of Dedication............................................................................................................................9
7. Warranty of Work........................................................................................................................................................9
8. Default........................................................................................................................................................................9
8.1 Remedies Not Exclusive................................................................................................................................9
8.2 City Right to Perform Work............................................................................................................................9
8.3 Attorney's Fees and Costs........................................................................................................................... 10
9. Indemnity..................................................................................................................................................................
10
10. General Provisions. .................................................................................................................................................. 10
10.1 Successors and Assigns.............................................................................................................................. 10
10.2 No Third Party Beneficiaries........................................................................................................................ 10
10.3 Entire Agreement; Waivers and Amendments.............................................................................................10
11. Corporate Authority................................................................................................................................................... 11
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N 07R
A
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this
36 day of OCkOb( , 2014, by and between the CITY OF PALM SPRINGS, a
California charter city("CITY"), and Agave 28, 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. 33161 located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as
described on Exhibit"A". The map contains conditions of approval for the development of the Property (the
"Conditions ) as described on Exhibit"B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of
Palm Springs of Lot "A" for street and public utility purposes; easements for public utility and sewer
purposes with right of ingress and egress for service and emergency vehicles and personnel over Lot "B"
(the on-site private streets), as shown on the map; the 24 feet wide easements for public utility and sewer
purposes as shown on the map;the easements for pedestrian access along Las Vegas Road, as shown on
the map; abutters rights of access to Lot"A" (Radio Road) adjacent to Lots 4 through 10, 12, 13, 16, and
17, all as shown on the final map; and abutters rights of access to Las Vegas Road adjacent to Lots 1, 19
through 28, Lot"C" and Lot"D", all as shown on the map; and City desires to accept the public dedication
as shown on the final map, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City and City has approved plans and specifications, herein
identified on Exhibit"C", 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
1
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,]217�{y r�f4 5i0 R.H
specifications, together with all related documents, are referred to herein as the "Plans"), herein identified
on Exhibit "C". The estimated construction cost for the Works of Improvement not yet constructed is
$425,530.00.
1.2 Other Obligations Referenced in Conditions of Tentative Mao 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 material 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 as reasonably necessary to completion of the Works of Improvement or may make changes by
altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary
or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement
and to protect the public health, safety, or welfare.The City Engineer shall notify Subdivider or Subdivider's
contractor in writing (by Correction Notice) at the time a determination has been made to require changes
2
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in the work. No material 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
Subdividers contractor. The City Engineer shall act reasonably in conducting his duties under this
Agreement.
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 reasonably 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 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
3
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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)complete or cause to be completed all of the Works of Improvement within two 2 ears
after the Commencement Date, subject to extension for force majeure delay and extension by the City
Engineer as provided below. Extensions of time for completion of the Works of Improvement may be
granted upon approval by the City Engineer or his designee for reasonable cause. Extension of time may
also be granted upon mutual agreement of the City Engineer and Subdivider,either verbally or in writing, as
required by the City Engineer or his designee.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of Improvement as
required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of
public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure
to satisfy such phasing requirements, as the same now exist or may be amended from time to time,
Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property
until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide
satisfactory evidence that all applicable requirements that are a condition to issuance of building permits
have been satisfied. Such requirements may include the payment of fees, construction of improvements,or
both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by
the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of
Improvements or other requirements associated with the development of the Property have not been
completed to his satisfaction.
2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's time
4
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11111 lit 1111 t , �A.f1 1405
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 reasonable 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, litigation that materially and adversely involves the Works of Improvement, 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 Subdividers 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
Subdividers failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the
right to revert the Property to acreage subject to the limitations and requirements set forth in California
Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the date of this
Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates
proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider
hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall
not be considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. 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 Workers Compensation. Subdivider shall cause every contractor and
5
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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 Subdividers faithful performance
of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$425,530.00 equal to 100%of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials
Security Instrument") with respect to the Works of Improvement in an amount equal to $245,090.00 equal
to 50%of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of
setting monuments as required in Section 1.4 in the amount of $15, 000.00 equal to 100% of the cost
thereof.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied
to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion,
Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year
following said acceptance("Maintenance and Warranty Security Instrument"), in the amount of$113,475.00
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 Bests Key Rating Guide published by A.M. Bests Company,
6
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Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by
Moody's or Standard &Poors.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable
commercial letter of credit issued by a financial institution with offices in the State of California acceptable
to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of
the City Engineer of the City that Subdivider is in default under its payment or performance obligations
hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions
of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all
of Subdividers 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 Subdividers 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 Subdividers 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
7
IIIIIIIIIII�IIIIII IIIIIIIIIIIIIIII IIIIIIIIIIIIII IIIIIII �. ,t014N.f 4n S.'n
(1)year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less
than thirty(30)days prior to the expiration of the original letter of credit, such substitute letter of credit being
in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of
credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in
its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of
credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for
the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing,
City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider
agrees and hereby grants City a security interest in such account to the extent required for City to realize
on its interests therein and agrees to execute and deliver to City any other documents requested by City in
order to evidence the creation and perfection of City's security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided
evidence of satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security
Instrument;and
(iv) subject to the following sentences, after passage of the time
within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely
filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved,
Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument
upon Subdivider's written request upon the expiration of the warranty period, provided no claims are
outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the Works of Improvement.
In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such
reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between
8
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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, or evaluating any proposed or agreed-upon
changes in the work. The procedures for deposit and payment of such fees shall be as established by the
City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have been fully paid,
including without limitation, charges for applicable penalties and additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution
or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to
become effective upon completion and acceptance by City of the Works of Improvement. Such
resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said
acceptance of the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective
materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the
Works of Improvement should fail or prove defective within said one (1) year period due to any reason
other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the
Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after
written notice of such defects, or within such shorter time as may reasonably be determined by the City in
the event of emergency, shall commence to repair or replace the same together with any other work which
may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or
workmanship or make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials shall be chargeable
to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition
to, any warranties or other obligations otherwise imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific
remedy to City for a default by Subdivider hereunder,such remedy shall be in addition to, and not exclusive
of, City's right to pursue any other administrative, legal,or equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may
have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work
required to be performed under this Agreement and Subdivider shall fail to commence the performance of
that work within 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.
9
IIIIII IIIIIII IIIII IIIIII IIIIIII IIIII III IIIII IIIIII Nt42-f 'j FJ F
8.3 Attornevs 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 attorneys 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 attorneys fees and costs.
Such attorneys fees and cost shall include fees and costs on any appeal, and in addition a party entitled to
attorneys 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. Indemni . Subdivider agrees to indemnify, defend, and hold harmless City and City's
officers,employees,and agents from and against any and all third-party claims, liabilities, losses,damages,
causes of action, and obligations arising out of Subdivider's failure to perform the construction and
installation of the Works of Improvement in accordance with the requirements contained or referenced in
this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected, including without
limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by
Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting
from City's sole negligence or willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all successors
and assigns to Subdivider's right,title, and interest in and to the Property and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the
parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create
any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general
public,or other person or entity.
10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of
the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and
previous agreements between the parties with respect to all or part of the subject matter hereof, except as
may be expressly provided herein. All waivers of 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.
10
IIIIIII IIIIIIIIII IIIII IIIIIIII IIIIIIIIIIIII 1 piaFrrf 40.H
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.
xx�xx
(Signatures on Next Page)
11
2014-04KF5
IIIIIIIME III IIIIII III IN 11514loft
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
J r s Thompson, City Clerk David H. Ready, City Mare
NDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY-
David
ra a akkian, City Engineer Appp Al TO €1RM
SUBDIVIDER:
AGAVE 28, LP,
a California Limited Partnership /p, , Dq (�y 4
By: Arroyo Vista Partners, LLC,
a Delaware limited liability company
❑rp n
Its General Partner "/ )'5 j 20 i 4- z j.
By:,
Name:TI Q vy"..cow
Its: /blG v4):N4 /herr-b t
Mailing Address:
Agave 28, LP
556 S. Fair Oaks Avenue,#337
Pasadena, Ca 91105
(626)2634205
(626)9924003(fax)
12
IIII IIIIII IIII III IIIIIIIIII IIII IIIII III IIII 12 C115 14
1i'h
1 E 4M
CALLFORFUk" ALL-RURPUSU A''OKU01MLEDGUERV
State of California
County of Los Angeles
NievinOn ��b�eforeme- e F. Ayads NOtarY Public
-1U lore M are se"Na
Data Here Insert Nam.and Title of the Officer
personally appeared amKs,alln-S,,naqs,�arl
who proved to me on the basis of satisfactory evidence to
be the persorNwhose narneTla<is/!te subscribed to the
within instrument and acknowledged to me that
helsftill:uted the same in his/5etoil3Nk authorized
capacity(iN, and that by his/hN4helv�ignaturl on the
instrument the persorl or the entity upon behalf of
which the person( acted,
� YAD ed, executed the instrument.
YNPEVINE F.�A
COMM.#1992268 1 certify under PENALTY OF PERJURY under the laws
under
"'
1`110111111try Public-Call of the State of California that the foregoing paragra h is
LOS ANGELES COUNTy—
true and correct.
;6
WITNESS my d indroffil I se
PlaCe Notary Seal Above Signature i
Slgrat,ro-.1N.Iay 101l,
OPTIONAL
Though the information belowir not required bylaw, It may Valuable to PelSOnS relying On the documi;rf
and could prevent trabaoicni removal and reattachment of this form to another document_
Description of Attached Document
Title or Type of Document:
Document Dale: Number of Pages:
S orer(s) Other Than Narnso Above
Gajoac,ity(ies) Claimed by Signer(s}
signer's Name Signer al
L) Individual Cl Individua
• Corporate 01ficer— I lie(s), LJ Corporate Offic --Tit�e(sl
• Partner I.invited F- General L-1 Partner— rl Liite I General
Lj AI!Gj r1e), in 1 act I�NtIR L911"IFT L 1 /,!Iorney in act
of t ,,l here Toptl�hu�nbhew
j Trustee -P 11 1 r u s t e e 7
L❑I Guardian or Conservator L❑I Guardian or Conservator
E Lj Other.
L-i Other
Signer Is Representing: Signer Is Representing:—
014-04859'71
". 201411 N7R
11 of 4o
ACKNOWLEDGMENT OF INSTRUMENT
(Cal. Civil Code Section 1181)
State of California )
County of Riverside ) SS.
City of Palm Springs )
On October 28, 2014, 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
28T" day of October, 2014.
�O?ALMS'O4
iy
c
V N
w �
'E e�M C M
�4OElE
Signature: cgOFOIRt
ES THOMP SON' CITY
CLERK
City of Palm Springs, California
Title or Type of Document
SUBDIVISION IMPROVEMENT AGREEMENT
AGAVE 28, LP
IIIIIII II IIIIIIIIII IIIIIIII III I III s,17 of 4n
EXHIBIT W
TRACT MAP 33161 LEGAL DESCRIPTION
LOTS 1 THROUGH 15, 20 THROUGH 32,AND C OF Tract Map No. 33161, as recorded in Map Book 422,
Pages 20 through 22 inclusive, records of Riverside County, California.
Exhibit"A"—Page 1
III IIIIIII II I III III I I II IIIIIII II 1. [10144440159754£ 4C4
EXHIBIT"B"
TENTATIVE TRACT MAP 33161 CONDITIONS OF APPROVAL
Exhibit"B"— Page 1
IIIIIIIIIIIIIIIII III IIIIII IIIIIIIIIIII III IIIIIIIIIIII `3. t4,f hFRIR
RESOLUTION NO. 21328
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1037
TTM33161-AN APPLICATION BY SHERMAN
ASSOCIATES FOR A TENTATIVE TRACT MAP AND
PRELIMINARY PLANNED DEVELOPMENT DISTRICT, TO
SUBDIVIDE 5.95 ACRES INTO 32 LOTS FOR FUTURE
CONSTRUCTION OF 32 DETACHED RESIDENCES,
LOCATED BETWEEN LAS VEGAS ROAD AND RADIO
ROAD WEST OF INDIAN CANYON DRIVE, ZONE R2,
SECTION 34, APN 669-441-013.
WHEREAS, Sherman Associates ("Applicant") has filed an application with the
City pursuant to Section 9.62 of the Municipal Code, Section 94.03.00 of the
Zoning Ordinance and Section 92.25.00 of the Zoning Ordinance for a Tentative
Tract Map, Planned Development District to allow the construction of 32
detached single family residences, a private street and pavement, and a mini-
park located between Radio Road and Las Vegas Road west of Indian Canyon
Drive, Zone R-2, Section 34, APN 66944 1 01 3; and
WHEREAS, a neighborhood meeting was held by the applicant with staff
attendance at the James O. Jesse Community Center on May 10, 2005; and
' WHEREAS, notice of public hearing of the Planning Commission of the City of
Palm Springs to consider the application for Case 5.1037, PD-309 and
TTM33161 was given in accordance with applicable law; and
WHEREAS, on June 8, 2005, a public hearing on the project was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, on June 8, 2005, the Planning Commission of the City of Palm
Springs voted to recommend approval of the project; and
WHEREAS, the Planning Commission has carefully reviewed and considered all
of the evidence presented in connection with the hearing on the project including,
but not limited to, the staff report, and all written and oral testimony presented;
and
WHEREAS, notice of the public hearing of the City Council of the City of Palm
Springs to consider Case 5.1037, PD 309, and Tentative Tract map 33161 was
given in accordance with applicable law; and
WHEREAS, on July 6, 2005 a public hearing on the application for Case 5.1037,
PD 309, and Tentative Tract Map 33161 was held by the City Council in
' accordance with applicable law; and
014 04° 9"
III III III IIII I IIII IIIIII I II IIIIIII I II 12 15`2F 14f111 9?Fl
Resolution No. 21328
Page 2
WHEREAS, the City Council has carefully reviewed and considered all of the ,
evidence presented in connection with the hearing on the project including, but
not limited to, the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY DOES
RESOLVE AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds as follows:
The Initial Study and Mitigated Negative Declaration adequately
addresses the general setting of the project, its potentially significant
impacts, and the mitigation measures related to each significant effect for
the proposed project.
The City Council further finds that with the adoption of proposed Mitigated
Negative Declaration. With the mitigated potentially significant
environmental impacts resulting from this project will be reduced to a level
of insignificance.
Section 2: Pursuant to Section 94.02.00 of the Zoning Ordinance:
a. That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this ,
Zoning Code;
b. The proposed density does not exceed the General Plan requirements.
c. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be
located;
d. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood;
e. That the site for the proposed use relates to streets and highways
properly designed and improved to carry the type and quantity of traffic to
be generated by the proposed use;
The proposed project is serviced by a collector street (Radio Road) and a
local street (Las Vegas Road) that has the capacity to carry the type and
quantity of traffic expected to be generated by the residential and '
commercial uses.
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Resolution No. 21328
Page 3
f. That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety and general
welfare and may include minor modification of the zone's property
development standards.
The conditions of approval imposed are necessary to protect the public
health, safety and general welfare.
Section 3 Pursuant to Zoning Ordinance Section 94.03.00, the City Council finds
that:
a. The detached single family residential is a permitted use in the R2
zone in conformity with the required findings and conditions as set forth
in the zoning ordinance, the General Plan and sound community
development.
b. A full range of development standards is established appropriate to the
orderly development of the site which shall include the following:
Table 2.0 --Zone R2 and Proposed Development Standards
Development_ R2 Development Standards Proposed
Standards
Lot area 20,000 5624 sq. ft.-8314 sq. ft.
Minimum Width Interior-130 feet 60 ft. -105 ft-
Comer-140 feet
Reversed corner-145 feet
Culdesac-130 feet
Minimum Depth 150 feet 64 ft.-126 ft.
Front Yard 25 feet 42 ft.-5 ff.
Side Yard 10 ft. minimum 19 ft.-5 ft
Rear Yard 10 ft minimum-Lots backing on R1-min. of 15 18 ft.-12 ft.
ft.
Lots backing on commercial/industrial 10 ft.-5 ft.
requires a min. 20 ft.
'r+14 R4259 5
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Resolution No. 21328
Page 4
Lot Coverage 50% usable landscaped open 57% whole property '
space (OS)and outdoor living and recreation Average 68% OS per lot
areas required.
Structures exceeding 18 ft. in height and 1 Average 31%
story, lot coverage no more than 30% of Lots 5,11,14,15,18,19,
total area. 20,22,24,26,29,30,31,
and 32 exceed
30% lot coverage.
Minimum Lot A - 2,131 sq. ft.
Dwelling Size Lot B - 1,674 sq. ft.
Lot C-2,245 sq. ft.
Density 3,000 sq. ft. per dwelling unit 32 Proposed
Bldg. Height Maximum 24 ft. and 2 stories Lot A-19.6 feet TOP
Lot B - 22 feet TOP
Lot C- 15 feet TOP
Distance between 15 ft. when residential is adjacent and
buildings parallel to each other. Min. distance
between 10 ft. — 80 ft.
bldgs. on opposite sides of an interior court
shall be 30 ft. '
Guest Parking None listed 6 guest spaces
Distance from
pools to 5 feet 5 feet
wall
c. This Planned Development District is established through application
of the property owner in accordance with the public hearing procedures
as set forth in Section 94.02.00(B), the requirements of the California
Environmental Quality Act, and the approval of preliminary and final
development plans.
d. Development of this Planned Development District shall be subject to
the requirements of section 94.03.00 and shall conform to the
specifications of the final development plan as approved by the City
Council.
e. The approval of the preliminary development plans constitutes
approval of the preliminary Planned Development District, which shall
be incorporated into and become a part of the Final Planned
Development District
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Resolution No. 21328
Page 5
f. The applicant shall submit final development plans for review by the
Architectural Advisory Committee and the Planning Commission. Final
plans shall be substantially in conformance with the approved
preliminary plan and shall incorporate all modifications and conditions
made to the preliminary development plan made by the Planning
Commission and City Council, and shall be submitted with the final
development plan checklist provided by the Department of Planning
Services.
ADOPTED THIS 6th day of July, 2005.
David H. Ready, City hager
ATTEST:
Ct.
es Thompson, City Clerk
' CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) as.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21328 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 July 6, 2005, by the following
vote:
AYES: Councilmember Foat, Councilmember Pougnet, Councilmember Mills,
Mayor Pro Tern McCulloch and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
' es Thompson, City Clerk
ity of Palm Springs, California
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Resolution No. 21328
Page 6
CONDITIONS OF APPROVAL '
CASE 5.1037 PD-309
TTM33161
TENTATIVE TRACT MAP
PLANNED DEVELOPMENT DISTRICT
SHERMAN ASSOCIATES
VISTA SAN JACINTO
JULY 6, 2005
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE ,
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City
Codes, ordinances and resolutions which supplement the zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void or
annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Tentative Tract Map 33161 and Case
5.1037— Planned Development District 309. The City of Palm Springs will promptly
notify the applicant of any such claim, action, or proceeding against the City of Palm
Springs and the applicant will either undertake defense of the matter and pay the
City's associated legal costs or will advance funds to pay for defense of the matter
by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant
of any such claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless
the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to
settle or abandon the matter without the applicant's consent but should it do so, the
City shall waive the indemnification herein, except, the City's decision to settle or '
abandon a matter following an adverse judgment or failure to appeal, shall not cause
a waiver of the indemnification rights herein.
Resolution No. 21328
Page 7
3. That the property owner(s) and successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, bikeways,
parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences
between the curb and property line, Including sidewalk or bikeway easement areas
that extend onto private property, in a first class condition, free from waste and
debris, and in accordance with all applicable law, rules, ordinances and regulations
of all federal, state, and local bodies and agencies having jurisdiction at the property
owner's sole expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform Building
Code, the fee being 1/2% for commercial projects or 1/4% for residential projects
with first $100,000 of total building permit valuation for individual single-family units
exempt. Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shelf be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made. Accordingly,
all residential development shall be subject to parkland dedication requirements
and/or park improvement fees_ The parkland mitigation amount shall be based upon
the cost to acquire and fully improve parkland. The fee shall be collected by the
Planning Services Department.
6. The Project will bring additional residents to the community. The City's existing
public safety and recreation services, including police protection, criminal justice, fire
protection and suppression, ambulance, paramedic, and other safety services and
recreation, library, cultural services are near capacity. Accordingly, the City may
determine to form a Community Services District under the authority of Government
Code Section 53311 et. seq., or other appropriate statutory or municipal authority.
Developer agrees to support the formation of such assessment district and shall
waive any right to protest, provided that the amount of such assessment shall be
established through appropriate study and shall not exceed $600 annually with a
consumer price index escalator. The district shall be formed prior to sale of any lots
or a covenant agreement shall be recorded against each parcel, permitting
incorporation of the parcel in the district.
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Resolution No. 21328
Page 8
CC&R's '
7. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning
Services for approval in a form to be approved by the City Attorney, to be recorded
prior to approval of a final map. The CC&R's shall be enforceable by the City, shall
not be amended without City approval, shall require maintenance of all property in a
good condition and in accordance with all ordinances,
8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2,000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also
be paid to the City Planning Department for administrative review purposes.
Cultural Resources
9. Prior to any ground disturbing activity, including clearing and grubbing, installation of
utilities, and/or any construction related excavation, an Archaeologist qualified
according to the Secretary of the Interior's Standards and Guidelines, shall be
employed to survey the area for the presence of cultural resources identifiable on
the ground surface.
10.The project area has the possibility of buried resources. A Native American Monitor '
shall be present during all ground-disturbing activities.
a) Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s)
shall be present during all ground disturbing activities including clearing
and grubbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Agua Callente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning Services and after the consultation
the Director shall have the authority to halt destructive construction and
shall notify a Qualified Archaeologist to investigate and, if necessary, the
Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Ague Caliente Cultural
Resource Coordinator for approval.
b) Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning and Zoning Department prior to final inspection. ,
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Resolution No. 21328
Page 9
Final Design
12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services, Department of
Public Works, and Department of Parks and Recreation, prior to issuance of a
building permit. Landscape plans shall be approved by the Riverside County
Agricultural Commissioner's Office prior to submittal. All landscaping located
within the public right of way or within community facilities districts must be
approved by the Public Works Director and the Director of Parks and Recreation.
13. The wall on Radio Road shall have a staggered 50-75% movement which will
allow more pockets for free movement and landscape plantings including trees.
14. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning & Zoning prior to the issuance of building permits.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be submitted for approval prior to issuance of a building permit.
If lights are proposed to be mounted on buildings, down-lights shall be utilized.
No.lighting of the hillside is permitted.
' 15. Approved Development Standards are as follows:
Development Standards Proposed
Lot area 5624 sq. ft.-8314 sq. ft.
Minimum Width 60 ft. -105 ft.
Minimum Depth 64 ft.-126 ft.
Front Yard 42 ft.-5 ft.
Side Yard 19 ft.-5 ft
Rear Yard 18 ft.-12 ft.
10 ft.-5 ft.
IIIIIII II IIIIIIIIIII II IIIIIIII II III III i_ isre f`J4 40
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' Resolution No. 21328
Page 10
Lot Coverage 57% whole property '
Average 68% Open Space per lot.
Average Lot Coverage 31%.
Lots
5,11,14,15,18,19,20,22,24,26,29,3
0,31, and 32 exceed 30% lot
coverage.
Minimum Dwelling Size Lot A-2,131 sq. ft.
Lot B - 1,674 sq. ft.
Lot C - 2,245 sq. ft.
Density 32 Proposed
Building Height Lot A -19.6 feet TOP
Lot B -22 feet TOP
Lot C - 15 feet TOP
Distance between buildings
10 ft. —80 ft. '
Guest Parking 6 guest spaces
Distance from pools to wall 5 feet
GENERAL CONDITIONSICODE REQUIREMENTS
16. Commencement of the Tract Map under this Tentative Tract Map shall be within
two (2) years from the effective date of approval. The Planning Commission
upon demonstration of good cause may grant extensions of time.
17. The Planned Development District approval shall be valid for a period of six
months (6) months. The Planning Commission upon demonstration of good
cause may grant extensions of time.
18. Commencement of the construction shall be within two (2) years from the
effective date of approval of the Final Planned Development. The Planning
Commission upon demonstration of good cause may grant extensions of time.
19. If the use of the subject property is ever changed, the City reserves the right to
modify or revoke this Tentative Tract Map and/or Planned Development District
application. '
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Resolution No. 21328
Page 11
20. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning and Zoning for review and
approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the
Municipal Code for specific requirements.
21. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan
shall be submitted and approved by the Building Official. Refer to Chapter 8.50
of the Municipal Code for specific requirements.
22. The grading plan shall show the disposition of all cut and fill materials. Limits of
site disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
23. Separate architectural approval and permits shall be required for all signs_ The
Planning Commission prior to issuance of building permits shall submit a detailed
sign program for review and approval.
24. All awnings shall be maintained and periodically cleaned.
25. All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 9303.00 of the Zoning
Ordinance. The screening shall be considered as an element of the overall
design and must blend with the architectural design of the building(s). The
exterior elevations and roof plans of the buildings shall indicate any fixtures or
equipment to be located on the roof of the building, the equipment heights, and
type of screening. Parapets shall be at least 6" above the equipment for the
purpose of screening.
26, No exterior downspouts shall be permitted on any facade on the proposed
building(s), which are visible from adjacent streets or residential and commercial
areas. Scuppers are an allowed feature.
27. Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 9302.00.D.
28. The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
29. The street address numbering/lettering shall not exceed eight inches in height.
30. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of Title
25 of the California Administrative Code. Compliance shall be demonstrated to
the satisfaction of the Director of Building and Safety.
F41IIIIII IIIIIII IIII III IIIIII IIIIIII IIIII III IN 11111 IN << 15 ,, °5 4n07f,
Resolution No. 21328
Page 12
-31. Submit plans meeting City standard for approval on the proposed trash and ,
recyclable materials enclosure prior to issuance of a building permit.
32. Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
33. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
34. No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
35. Vehicles associated with the operation of the proposed development including
company vehicles or employee's vehicles shall not be permitted to park off the
proposed building site unless a parking management plan has been approved.
36. Prior to the issuance of building permits, locations of all telephone and electrical
boxes must be indicated on the building plans and must be completely screened
and located in the interior of the building. Electrical transformers must be located
toward the interior of the project maintaining a sufficient distance from the
frontage(s) of the project. Said transformer(s) must be adequately and
decoratively screened.
37. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, '
buildings, or other structures. Areas that are not part of the maneuvering area
shall have curbs placed at a minimum of two (2) feet from the face of walls,
fences or buildings adjoining driveways.
POLICE DEPARTMENT
38. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
39. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT
Residential Smoke Detector Installation: Provide Residential Smoke Detectors.
Detectors shall receive their primary power from the building wiring, and shall be
equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall
be interconnected so that operation of any smoke detector causes the alarm in all
smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the ,
plans showing this requirement.
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r• Resolution No. 21328
Page 13
' Premises Identification: Approved numbers or addresses shall be provided for all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. (901.4.4 CFC)
Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If
parking on one side of the access road is desired, provide an additional 8 foot wide
parking lane with opposing curb marked red with appropriate signage for a total 28 foot
width. if parking on both sides of the access road is desired, provide an 8 foot wide
parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC)
Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit
gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide
require red painted curb to maintain minimum 20 foot clear width. Red curb shall be
stenciled "NO PARKING" and "FIRE LANE"with white paint. (901.4 CFC)
Water Systems and Hydrants: Underground water mains and fire hydrants shall be
installed, completed, tested and in service prior to the time when combustible materials
are delivered to the construction site. (903 CFC). Prior to final approval of the
installation, contractor shall submit a completed Contractor's Material and Test
Certificate to the fire department. (9-2.1 NFPA 24)
Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of
all combustible construction. No landscape planting, walls, or fencing are permitted
within 3 feet of fire hydrants, except groundcover plantings.
Fire Flow: The required fire flow for this project is 1000 gallons per minute.
IIIIIII IIIIIII IIII III IIIIII IIIIIII IIIII III IIIII(III IIII R' - , 4np p
Resolution No. 21328
Page 14
ENGINEERING DEPARTMENT '
CONDITIONS OF APPROVAL
JULY 6, 2005
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance
with City standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
RADIO ROAD ,
3. Dedicate an additional right-of-way of 3 feet along the entire frontage of the
subject property.
4. Construct a 6 inch curb and gutter, 25 feet north of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
5. Construct a minimum pavement section of 3 inches asphalt concrete pavement
over 6 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, from edge of proposed gutter to
centerline along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110 and 310. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using "R" values from the project site and
submitted to the City Engineer for approval.
LAS VEGAS ROAD
6. Construct two 32 feet wide driveway approaches in accordance with City of Palm
Springs Standard Drawing No. 205, at the locations as shown on the approved
Tentative Tract Map. The easterly entry shall be aligned with El Dorado '
Boulevard.
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Resolution No. 21328
Page 15
7. The entries shall not be gated. Insufficient space is provided for safe tum-around
of vehicles unable to enter the project.
8. Construct a Type C curb ramp meeting current California State Accessibility
standards on each side of the two driveway approaches in accordance with City
of Palm Springs Standard Drawing No. 214.
9. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210. The sidewalk
may be meandering. If a meandering sidewalk is proposed, easements for
pedestrian and sidewalk purposes shall be granted for portions of the
meandering sidewalk that leave the public right-of-way.
10. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE PRIVATE STREET
11. Lot "A", as shown on the Tentative Tract Map, shall be revised to delete those
portions of the proposed retention basin/drainage areas from the on-site private
street lot. Separate Lots (i.e. Lots "B" and "C") shall be created for the retention
basin/drainage areas.
12. Dedicate easements extending from back of curb to back of curb to the City of
Palm Springs for public utility and sewer purposes, and for service and
emergency vehicles and personnel, over the private street.
13. A Homeowners Association shall enter into a reciprocal access agreement with
the property owner(s) for those portions of the lots being used for common/open
space purposes (i.e. on-site streets and/or parking spaces). Provisions for
reciprocal access shall be included in Covenants, Conditions, and Restrictions
(CC&R's) for this project, and shall be provided to the City Engineer for review
and approval prior to approval of the final map.
14. Easements for on-site streets and parking spaces to be considered as part of the
common/open space to be maintained by a Homeowners Association shall be
reserved on the final map.
15. The on-site private street shall consist of a minimum 24 feet wide two-way travel
way. Provisions for drainage of the on-site private street, including approved
wedge curbs and cross-gutters shall be provided to the satisfaction of the City
Engineer.
16. Construct a minimum pavement section of 2'/2 inches asphalt concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24
' inches at 95% relative compaction, or equal. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a California
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Resolution No. 21328
Page 16
registered Geotechnical Engineer using "R" values from the project site and '
submitted to the City Engineer for approval.
17. Parking shall be prohibited along the private street except for designated parking
areas.
SANITARY SEWER
18. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
19. The on-site sewer system shall be publicly maintained. Construct an 8 inch
V.C.P. public sewer main across the entire private street frontage and as
necessary to provide sewer service to the proposed development, and connect to
the existing public sewer system in Las Vegas Road. Ali sewer mains
constructed by the applicant and to become part of the public sewer system shall
be televised prior to acceptance of the sewer system for maintenance by the
City.
20. Submit sewer improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
GRADING '
21. Submit a Precise Grading Plan prepared by a California registered Civil Engineer
or qualified Architect to the Engineering Division for review and approval. The
Precise Grading Plan shall be approved by the City Engineer prior to issuance of
grading permit.
A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Engineering Division for review and approval.
The applicant and/or its grading contractor shall be required to comply with
Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required
to utilize one or more "Coachella Valley Best Available Control Measures" as
identified in the Coachella Valley Fugitive Dust Control Handbook for each
fugitive dust source such that the applicable performance standards are met.
The applicants or its contractor's Fugitive Dust Control Plan shall be prepared by
staff that has completed the South Coast Air Quality Management District
(AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and valid
Certificate(s) of Completion from AQMD for staff that have completed the
required training. For information on attending a Fugitive Dust Control Class and
information on the Coachella Valley Fugitive Dust Control Handbook and related '
"PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909)
396-3752, or at Torrealba@AQMD.gov. A Fugitive Dust Control Plan, in
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Resolution No. 21328
Page 17
conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be
submitted to and approved by the Engineering Division prior to approval of the
Grading plan.
The first submittal of the Grading Plan shall include the following information: a
copy of final approved conformed copy of Conditions of Approval; a copy of a
final approved conformed copy of the Site Plan; a copy of current Title Report; a
copy of Soils Report; and a copy of the associated Hydrology Study/Report,
22. Drainage swales shall be provided adjacent to all curbs to keep nuisance water
from entering the adjacent streets.
23. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Wafer Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed
permit shall be provided to the City Engineer prior to approval of a Grading Plan.
24. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c),
the developer shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand
relating to this property and development.
25. A sails report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the
proposed development. A copy of the soils report shall be submitted to the
Building Department and to the Engineering Division prior to approval of the
Grading Plan.
26. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soli From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties' (RIFA Form CA-1) prior to approval of the Grading Plan. The
California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
27. All stormwater runoff passing through and falling onto the site shall be accepted
and conveyed to a new drainage system to be constructed as part of the
development. An on-site retention and other storm drainage facilities approved
by the City Engineer shall be required, as outlined in the preliminary hydrology
' study for Tentative Tract Map No, 33161, prepared by MSA Consulting, Inc.,
revised May 13, 2005.
IIIIII IIIIIIIIIII III IIIIII IIIIII IIIII III IIIII IIII IIII 12.'11.Df cA1r,.5975
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` Resolution No. 21328
Page 18
28. Construct drainage improvements, including but not limited to catch basins, '
storm drain lines, and outlet structures, for drainage of on-site streets into on-site
retention basins, as described in a final hydrology study for Tentative Tract Map
33161, as approved by the City Engineer. The preliminary hydrology study for
Tentative Tract Map 33161 shall be amended to include catch basin sizing, storm
drain pipe sizing, and retention basin sizing calculations and other specifications
for construction of required on-site storm drainage improvements.
29. Provisions for the interception of nuisance water from entering adjacent streets
from the project site shall be provided through the use of a minor storm drain
system that collects and conveys nuisance water to landscape or parkway areas
or to on-site retention basins, and in only a stormwater runoff condition, pass
runoff directly to the street through parkway or under sidewalk drains.
30. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $6,511.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
31. Separate lots shall be shown on the final map for those areas to be used as
retention basin/drainage areas.
GENERAL ,
32. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.). Multiple excavations, trenches, and other street cuts within
existing asphalt concrete pavement of off-site streets required by the proposed
development may require complete grinding and asphalt concrete overlay of the
affected off-site streets, at the discretion of the City Engineer. The pavement
condition of the existing off-site streets shall be retumed to a condition equal to or
better than existed prior to construction of the proposed development.
33. All proposed utility lines shall be installed underground.
34. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line. '
35. The original improvement plans prepared for the proposed development and
014 n4-5915
1111111111111111111II111111111111111111111111111111111 t`'t .3e i� R
Resolution No. 21328
Page 19
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of a
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
36. in accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,
all existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are on-site, abutting, and/or
transecting, shall be installed underground unless specific restrictions are shown
in General Orders 95 and 128 of the California Public Utilities Commission, and
service requirements published by the utilities. The existing overhead utilities
across the west property line and running easterly from the west property line
approximately 390 feet, meet the requirement to be installed underground. A
detailed plan approved by the owner(s)of the affected utilities depicting all above
ground facilities in the area of the project to be undergrounded, shall be
submitted to the Engineering Division prior to approval of any grading plan.
37. Nothing shall be constructed or planted in the corner cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code Section 93.02.00, D.
38. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per
City of Palm Springs Standard Drawing No. 904.
MAP
39. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcel and all lots created
therefrom, and copies of record documents shall be submitted with the Final Map
to the Engineering Division as part of the review of the Map. The Final Map shall
be approved by the City Council prior to issuance of building permits.
40. Easements for flood control and drainage purposes shall be reserved across
those portions of the property to be used as retention basins, limiting the use of
these portions of the property for flood control and drainage purposes in
perpetuity, and restricting any and all encroachments, construction or
improvements therein. Provisions for maintenance of the flood control retention
basins shall be included in Covenants, Conditions, and Restrictions (CC&R's) for
this project, and shall be provided to the City Engineer for review and approval
prior to approval of the final map.
TRAFFIC
IIIIIIIIII II III IIIIII IIIIIII III IIII r
l I91n1414n n
Resolution No. 21328
Page 20
Pay to the City of Palm Springs the fair share contribution towards the '
construction of a traffic signal at the intersection of Indian Canyon Drive and
Tramview Road. The fair share contribution has been determined as 0.43% by
the Traffic Impact Study Update for Tentative Tract Map 33161, prepared by
Endo Engineering, dated January 26, 2005. The developer shall post payment of
$650.00 to the City of Palm Springs prior to approval of a final map.
41. Pay to the City of Palm Springs the fair share contribution towards the
construction of a traffic signal at the intersection of Indian Canyon Drive and
Sunrise Parkway. The fair share contribution has been determined as 0.62% by
the Traffic Impact Study for Tentative Tract Map 33161, prepared by Endo
Engineering, dated January 26, 2005. The developer shall post payment of
$924.00 to the City of Palm Springs prior to approval of a final map.
42. Install street name signs at the two intersections of the on-site private street and
Las Vegas Road in accordance with City of Palm Springs Standard Drawing Nos.
620 through 625.
43. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the two intersections of the on-site private street and Las Vegas
Road in accordance with City of Palm Springs Standard Drawing Nos. 620-625. '
44. Construction signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the City Engineer. As a minimum,
all construction signing, lighting and barricading shall be in accordance with State
of California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 1996, or subsequent
additions in force at the time of construction.
45. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
r111 340
II IIIIIII III III II I I II I IIII II II l2.`t y.'G.01 & 4F, Jh
'0 .
Y
EXHIBIT"C"
WORKS OF IMPROVEMENT
The Works of Improvement which are required to be constructed and installed in order to accommodate the
development of the Property are identified as follows:
Vista San Jacinto, Precise Grading Plan, Tentative Tract Map No. 33161; prepared by Pardue, Cornwell &
Associates, Inc., consisting of three(3) sheets, dated June 28, 2006, approved by the City of Palm Springs
July 6, 2006
Vista San Jacinto, Sewer Improvement Plan, Tentative Tract Map No. 33161; prepared by Pardue,
Cornwell &Associates, Inc., consisting of three (3) sheets, dated August 23, 2006, approved by the City of
Palm Springs September 6, 2006
Vista San Jacinto, Storm Drain Improvement Plan, Tentative Tract Map No. 33161; prepared by Pardue,
Cornwell & Associates, Inc., consisting of three (3) sheets (undated and unapproved by the City of Palm
Springs at the time of this Agreement)
Vista San Jacinto, Domestic Water Improvement Plan, Tentative Tract Map No. 33161; prepared by
Pardue, Cornwell &Associates, Inc., consisting of four (4) sheets (undated and unapproved by the Desert
Water Agency at the time of this Agreement)
Exhibit"C: - Page 1
III 1111111111111111111111111111111111 �t Fra f 40,F
V
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
VLP 2021-0439393
` 07/22/2021 11:33 AM Fee: $ 0.00
Page 1 of 47
1 Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
11119F, 610HUNU11111
SPACE ABOVE FOR RECORDER ONLY
Filing tee EXEMPT per Government Code 61.03
SUBDIVISION IMPROVEMENT AGREEMENT
ALURE Palm Springs, LLC
and
The City of Palm Springs, California
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
1.
N
3
TABLE OF CONTENTS
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
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
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
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
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this 0_] 1�' day of MAf -, 2021, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and ALURE Palm Springs,
LLC, a California Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 33161 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs Lot "A" for street and public utility purposes; easements for
public utility and sewer purposes with right of ingress and egress for service and
emergency vehicles and personnel over Lot "B" (the on -site private streets), as shown
on the map; the 24 feet wide easements for public utility and sewer purposes as shown
on the map; the easements for pedestrian access along Las Vegas Road, as shown on
the map; abutters rights of access to Lot "A" (Radio Road) adjacent to Lots 4 through
10, 12, 13, 16, and 17, all as shown on the final map; and abutters rights of access to
Las Vegas Road adjacent to Lots 1, 19 through 28, Lot "C" and Lot "D", all as shown on
the map; and City desires to accept the public dedication as shown on the final map,
and certain other improvements described in this Agreement.
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.
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 $425,530.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
F,
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
3
direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to 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
4
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon demonstration of good cause, subject to
review and approval by the City Council.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Subdivider
acknowledges City's right to withhold the issuance of further building permits on the
Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements
that are a condition to issuance of building permits have been satisfied. Such
requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the
Subdivider by the City, if, upon a determination by the City Engineer or his designee,
completion of specific Works of Improvements or other requirements associated with
the development of the Property have not been completed to his satisfaction.
2.3 Force 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
66499.11-66499.20-314. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
101
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. In connection with its performance under this
Agreement, Subdivider shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital
status, ancestry, national origin (i.e., place of origin, immigration status, cultural or
linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender
expression, physical or mental disability, or medical condition (each a "prohibited
basis"). Subdivider shall ensure that applicants are employed, and that employees are
treated during their employment, without regard to any prohibited basis. As a condition
precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Subdivider certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Subdivider activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship; and further, that Subdivider is in full compliance with the provisions of
Palm Springs Municipal Code Section 7.09.040, including without limitation the
provision of benefits, relating to non-discrimination in city contracting. This provision
shall also apply to any contractors or subcontractors engaged in construction of the
Works of Improvement.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
C
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Securdy.
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
$425,530.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $245,090.00 equal to 50% of the estimated construction cost
referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $15,800.00 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) Re uired Securi 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 $113,475.00 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
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
E.
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
0
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed -upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
10
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
8.2 City_ Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attornev'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 attorneys fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
11
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authority -The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
12
By:
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST:
CALIFORNIA
By
Antq04 J. M "
City of Palm Sprgs / i City Clerk
APPROVED AS TO FORM:
CITY OF PALM SPRINGS,
Jus Clifton
City of Palm Springs 1 City Manager
APPROM BY CRY COUNCIL
Je Bal n er 1B Rlo( b
City of Palm Springs 1 City Attorney
SUBDIVIDER:
ALURE Palm Springs, LLC, a California Limited Liability Company
Check one: _Individual _Partnership _Corporation*X Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
SIGNED IN COUNTERPART
Signature (notarized)
By:
SIGNED IN COUNTERPART
Signature (notarized)
Name: Name:
Title:
(For Corporations, this document must
be signed in the above space by one of
the following: Chairman of the Board,
President or any Vice President)
Title:
For Corporations, this document must be
signed in the above space by one of the
following: Secretary, Chief Financial
Officer or any Assistant Treasurer)
13
Mailing Address:
P.O. Box 1573
Rancho Mirage, Ca
92270
(fax)
14
By:
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST:
CALIFORNIA
SIGNED IN COUNTERPART
By
Anthony J. Mejia, MMC
City of Palm Springs 1 City Clerk
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
Jeff Ballinger
City of Palm Springs 1 City Attorney
SUBDIVIDER:
CITY OF PALM SPRINGS,
SIGNED IN COUNTERPART
David H. Ready
City of Palm Springs 1 City Manager
ALURE Palm Springs, LLC, a California Limited Liability Company
Check one: _Individual _Partnership _Corporation*X Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
Signature (notarized)
Name: t
Title:
By:
Signature (notarized)
Name:
Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
PETER ALDANA Recorder
P O. Box 751
COUNTY OF RIVERSIDE Riverside, CA 92502-0751
ASSESSOR -COUNTY CLERK -RECORDER (951) 486-7000
ww%v nversideacr corn
CERTIFICATION
Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document:
(Print or type the page number(s) and wording below):
Brian Foster
Date: 07/13/2021
Signature:
Print Name: Juan R. Minjares
ACR 601(Rev. 09/2005) Available in Alternate Formats
Mailing Address:
P.O. Box 1573
Rancho Mirage, Ca
92270
(fax)
14
ALL-PURPOSE ACKNOWLEDGMENT
State of
CAPACITY CLAIMED BY
Cou t of i
SIGNER
On before me, ,
ate Y me, Title o fn&,-r
\W
c INDIVIDUAL(S)
personally appeared
GCORPORATE
NAME(S) OF SIGNER(S)
OFFICER(S)
s personally known to me - OR —
TITLE(S)
c 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
THER
instrument.
Wit s my hand and offici al.
/ wr
�ryNb0c""c�wi
- amu
SIGNER IS REPRESENTING:
RN�fd� Cou1Ky
Signature of Not Commission 123297d1
Lo", Comm. EXOM Jun to, 20"
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS THIS CERTIFICATE Title or Type of Document lu \"amr?v bomp
MUST BE ATTACHED
h
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
iM
PETER ALDANA Recorder
P.p Sox 751
COUNTY OF RIVERSIDE Riverside, CA 92502-0751
ASSESSOR -COUNTY CLERK -RECORDER (951)486-7000
www rrverstdeacr com
CERTIFICATION
Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document:
(Print or type the page number(s) and wording below):
ILareina C. Knight - Notary
Brian Foster
Date:
Signature:
07/13/2021
Print Name: Jinn R. Mini
ACR 601(Rev. 09/2005) Available in Alternate Formats
State of _
County of
On
Date
personally appeared
ALL-PURPOSE ACKNOWLEDGMENT
before me, ,
Name, Title of Officer
NAME(S) OF SIGNER(S)
G personally known to me - OR —
G proved to me on the basis of satisfactory evidence to be the
persons(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the
entity upon behalf of which the persons(s) acted, executed the
instrument.
Witness my hand and official seal.
Signature of Notary
CAPACITY CLAIMED BY
SIGNER
G INDIVIDUAL(S)
GCORPORATE
OFFICER(S)
TITLE(S)
GPARTNER(S)
GATTORNEY-IN-FACT
GTRUSTEE(S)
GSUBSCRIBING WITNESS
GGUARDIAN/CONSERVATOR
GOTHER
SIGNER IS REPRESENTING:
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
DATE OF DOCUMENT
Sioner(s) Other Than Named Above
15
EXHIBIT Wo
TRACT MAP 33161 LEGAL DESCRIPTION
Tract Map No. 33161, as recorded in Map Book 422, Pages 20 through 22 inclusive, records of
Riverside County, California.
16
EXHIBIT "B"
TENTATIVE TRACT MAP 33161 CONDITIONS OF APPROVAL
17
18
RESOLUTION NO.21328
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1037
TTM33161-AN APPLICATION BY SHERMAN
ASSOCIATES FOR A TENTATIVE TRACT MAP AND
PRELIMINARY PLANNED DEVELOPMENT DISTRICT, TO
SUBDIVIDE 5.95 ACRES INTO 32 LOTS FOR FUTURE
CONSTRUCTION OF 32 DETACHED RESIDENCES,
LOCATED BETWEEN LAS VEGAS ROAD AND RADIO
ROAD WEST OF INDIAN CANYON DRIVE, ZONE R2,
SECTION 34, APN 669441-013.
WHEREAS, Sherman Associates ("Applicant") has filed an application with the
City pursuant to Section 9.62 of the Municipal Code, Section 94.03.00 of the
Zoning Ordinance and Section 92.25.00 of the Zoning Ordinance for a Tentative
Tract Map, Planned Development District to allow the construction of 32
detached single family residences, a private street and pavement, and a mini -
park located between Radio Road and Las Vegas Road west of Indian Canyon
Drive, Zone R-2, Section 34, APN 669441013; and
WHEREAS, a neighborhood meeting was held by the applicant with staff
attendance at the James O. Jesse Community Center on May 10, 2005; and
WHEREAS, notice of public hearing of the Planning Commission of the City of
Palm Springs to consider the application for Case 5.1037, PD-309 and
TTM33161 was given in accordance with applicable law; and
WHEREAS, on June 8, 2005, a public hearing on the project was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, on June 8, 2005, the Planning Commission of the City of Palm
Springs voted to recommend approval of the project; and
WHEREAS, the Planning Commission has carefully reviewed and considered all
of the evidence presented in connection with the hearing on the project including,
but not limited to, the staff report, and all written and oral testimony presented;
and
WHEREAS, notice of the public hearing of the City Council of the City of Palm
Springs to consider Case 5.1037, PD 309, and Tentative Tract map 33161 was
given in accordance with applicable law; and
WHEREAS, on July 6, 2005 a public hearing on the application for Case 5.1037,
PD 309, and Tentative Tract Map 33161 was held by the City Council in
accordance with applicable law; and
Resolution No. 21328
Page 2
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project including, but
not limited to, the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY DOES
RESOLVE AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds as follows:
The Initial Study and Mitigated Negative Declaration adequately
addresses the general setting of the project, its potentially significant
impacts, and the mitigation measures related to each significant effect for
the proposed project.
The City Council further finds that with the adoption of proposed Mitigated
Negative Declaration. With the mitigated potentially significant
environmental impacts resulting from this project will be reduced to a level
of insignificance.
Section 2: Pursuant to Section 94.02.00 of the Zoning Ordinance:
a. That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code;
b. The proposed density does not exceed the General Plan requirements.
c. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be
located;
d. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood;
e. That the site for the proposed use relates to streets and highways
properly designed and improved to carry the type and quantity of traffic to
be generated by the proposed use;
The proposed project is serviced by a collector street (Radio Road) and a
local street (Las Vegas Road) that has the capacity to carry the type and
quantity of traffic expected to be generated by the residential and
commercial uses.
1
1
Resolution No. 21328
Page 3
f. That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety and general
welfare and may include minor modification of the zone's property
development standards.
The conditions of approval imposed are necessary to protect the public
health, safety and general welfare.
Section 3 Pursuant to Zoning Ordinance Section 94.03.00, the City Council finds
that:
a. The detached single family residential is a permitted use in the R2
zone in conformity with the required findings and conditions as set forth
In the zoning ordinance, the General Plan and sound community
development.
b. A full range of development standards is established appropriate to the
orderly development of the site which shall include the following:
Table 2.0 -- Zone R2 and Proposed Development Standards
Development
R2 Development Standards
proposed
Standards
Lot area
20,000
5624 sq. ft.-8314 sq. ft.
Minimum Width
Interior-130 feet
60 ft. -105 ft.
Comer-140 feet
Reversed corner-145 feet
Culdesac-130 feet
Minimum Depth
150 feet
64 ft.-126 ft.
Front Yard
25 feet
42 ft.-5 ft.
Side Yard
10 ft. minimum
19 ft.-5 ft
Rear Yard
10 ft minimum -Lots backing on RI -min. of 15
18 ft.-12 ft.
ft.
Lots backing on commerciallindustrial
10 ft.-5 ft.
requires a min. 20 ft.
Resolution No. 21328
Page 4
Lot Coverage
50% usable landscaped open
57% whole property
space (OS) and outdoor living and recreation
Average 68% OS per lot
areas required.
Structures exceeding 18 ft. in height and 1
Average 31%
story, lot coverage no more than 30% of
Lots 5,11,14,15,18,19,
total area.
20.22,24,26,29,30,31,
and 32 exceed
30% lot coverage.
Minimum
Lot A - 2,131 sq. ft.
Dwelling Size
Lot B - 1,674 sq. ft.
Lot C - 2,245 sq. ft.
Density
3,000 sq. ft. per dwelling unit
32 Proposed
Bldg. Height
Maximum 24 ft. and 2 stories
Lot A -19.6 feet TOP
Lot B - 22 feet TOP
Lot C - 15 feet TOP
Distance between
15 ft. when residential is adjacent and
buildings
parallel to each other. Min. distance
between
10 ft. — 80 ft.
bldgs. on opposite sides of an Interior court
shall be 30 ft.
Guest Parking
None listed
6 guestspaces
Distance from
pools to
5 feet
5 feet
wall
c. This Planned Development District is established through application
of the property owner in accordance with the public hearing procedures
as set forth in Section 94.02.00(B), the requirements of the California
Environmental Quality Act, and the approval of preliminary and final
development plans.
d. Development of this Planned Development District shall be subject to
the requirements of section 94.03.00 and shall conform to the
specifications of the final development plan as approved by the City
Council.
e. The approval of the preliminary development plans constitutes
approval of the preliminary Planned Development District, which shall
be incorporated into and become a part of the Final Planned
Development District
1
1
1
Resolution No. 21328
Page 5
f. The applicant shall submit final development plans for review by the
Architectural Advisory Committee and the Planning Commission. Final
plans shall be substantially in conformance with the approved
preliminary plan and shall incorporate all modifications and conditions
made to the preliminary development plan made by the Planning
Commission and City Council, and shall be submitted with the final
development plan checklist provided by the Department of Planning
Services.
ADOPTED THIS 6th day of July, 2005.
David H. Ready, City pager
ATTEST:
es Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) as.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21328 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 July 6, 2005, by the following
vote:
AYES: Councilmember Foat, Councilmember Pougnet, Councilmember Mills,
Mayor Pro Tern McCulloch and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
ity of Palm Springs, California
Resolution No. 21328
Page 6
CONDITIONS OF APPROVAL
CASE 5.1037 PD-309
TTM33161
TENTATIVE TRACT MAP
PLANNED DEVELOPMENT DISTRICT
SHERMAN ASSOCIATES
VISTA SAN JACINTO
J U LY 6, 2005
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City
Codes, ordinances and resolutions which supplement the zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void or
annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Tentative Tract Map 33161 and Case
5.1037— Planned Development District 309. The City of Palm Springs will promptly
notify the applicant of any such claim, action, or proceeding against the City of Palm
Springs and the applicant will either undertake defense of the matter and pay the
City's associated legal costs or will advance funds to pay for defense of the matter
by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant
of any such claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless
the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to
settle or abandon the matter without the applicant's consent but should it do so, the
City shall waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not cause
a waiver of the indemnification rights herein.
Resolution No. 21328
Page 7
3, That the property owner(s) and successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, bikeways,
parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences
between the curb and property line, including sidewalk or bikeway easement areas
that extend onto private property, in a first class condition, free from waste and
debris, and in accordance with all applicable law, rules, ordinances and regulations
of all federal, state, and local bodies and agencies having jurisdiction at the property
owners sole expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform Building
Code, the fee being 1/2% for commercial projects or 1/4% for residential projects
with first $100,000 of total building permit valuation for individual single-family units
exempt. Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made. Accordingly,
all residential development shall be subject to parkland dedication requirements
and/or park improvement fees. The parkland mitigation amount shall be based upon
the cost to acquire and fully improve parkland. The fee shall be collected by the
Planning Services Department.
6. The Project will bring additional residents to the community. The City's existing
public safety and recreation services, including police protection, criminal justice, fire
protection and suppression, ambulance, paramedic, and other safety services and
recreation, library, cultural services are near capacity. Accordingly, the City may
determine to form a Community Services District under the authority of Government
Code Section 53311 et. seq., or other appropriate statutory or municipal authority.
Developer agrees to support the formation of such assessment district and shall
waive any right to protest, provided that the amount of such assessment shall be
established through appropriate study and shall not exceed $500 annually with a
consumer price index escalator. The district shall be formed prior to sale of any lots
or a covenant agreement shall be recorded against each parcel, permitting
incorporation of the parcel in the district.
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Resolution No. 21328
Page 8
CC&R's
r
7. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning
Services for approval in a form to be approved by the City Attorney, to be recorded
prior to approval of a final map. The CC&R's shall be enforceable by the City, shall
not be amended without City approval, shall require maintenance of all property in a
good condition and in accordance with all ordinances,
8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2,000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also
be paid to the City Planning Department for administrative review purposes.
Cultural Resources
9. Prior to any ground disturbing activity, including clearing and grubbing, installation of
utilities, and/or any construction related excavation, an Archaeologist qualified
according to the Secretary of the Interior's Standards and Guidelines, shall be
employed to survey the area for the presence of cultural resources identifiable on
the ground surface.
10.The project area has the possibility of buried resources. A Native American Monitor
shall be present during all ground -disturbing activities.
a) Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s)
shall be present during all ground disturbing activities including clearing
and grubbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning Services and after the consultation
the Director shall have the authority to halt destructive construction and
shall notify a Qualified Archaeologist to investigate and, if necessary, the
Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural
Resource Coordinator for approval.
b) Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning and Zoning Department prior to final inspection.
I
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Resolution No. 21328
Page 9
Final Design
12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services, Department of
Public Works, and Department of Parks and Recreation, prior to issuance of a
building permit. Landscape plans shall be approved by the Riverside County
Agricultural Commissioners Office prior to submittal. All landscaping located
within the public right of way or within community facilities districts must be
approved by the Public Works Director and the Director of Parks and Recreation.
13. The wall on Radio Road shall have a staggered 50-75% movement which will
allow more pockets for free movement and landscape plantings including trees.
14. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning & Zoning prior to the issuance of building permits.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be submitted for approval prior to issuance of a building permit.
If lights are proposed to be mounted on buildings, down -lights shall be utilized.
No. lighting of the hillside is permitted.
15. Approved Development Standards are as follows:
Development Standards
Lot area
Minimum Width
Minimum Depth
Front Yard
Side Yard
Rear Yard
Proposed
5624 sq. ft.-8314 sq. ft.
60 ft. -105 ft.
64 ft,126 ft.
42 ft.-5 ft.
19 ft.-5 ft
18 ft.-12 ft.
W11111wi#
Resolution No. 21328
Page 10
Lot Coverage
Minimum Dwelling Size
Density
Building Height
Distance between buildings
Guest Parking
Distance from pools to wall
57% whole property
Average 68% Open Space per lot.
Average Lot Coverage 31 %.
Lots
5,11,14,15,18,19,20,22,24,26,29,3
0,31, and 32 exceed 30% lot
coverage.
Lot A - 2,131 sq. ft.
Lot B - 1,674 sq. ft.
Lot C - 2,245 sq. ft.
32 Proposed
Lot A -19.6 feet TOP
Lot B - 22 feet TOP
Lot C-15feet TOP
10ft. —80ft.
6 guest spaces
5 feet
GENERAL CONDITIONS/CODE REQUIREMENTS
16. Commencement of the Tract Map under this Tentative Tract Map shall be within
two (2) years from the effective date of approval. The Planning Commission
upon demonstration of good cause may grant extensions of time.
17. The Planned Development District approval shall be valid for a period of six
months (6) months. The Planning Commission upon demonstration of good
cause may grant extensions of time.
18. Commencement of the construction shall be within two (2) years from the
effective date of approval of the Final Planned Development. The Planning
Commission upon demonstration of good cause may grant extensions of time.
19. If the use of the subject property is ever changed, the City reserves the right to
modify or revoke this Tentative Tract Map and/or Planned Development District
application.
1
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Resolution No. 21328
Page 11
20. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning and Zoning for review and
approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the
Municipal Code for specific requirements.
21. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan
shall be submitted and approved by the Building Official. Refer to Chapter 8.50
of the Municipal Code for specific requirements.
22. The grading plan shall show the disposition of all cut and fill materials. Limits of
site disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
23. Separate architectural approval and permits shall be required for all signs. The
Planning Commission prior to issuance of building permits shall submit a detailed
sign program for review and approval.
24. All awnings shall be maintained and periodically cleaned.
25. All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 9303.00 of the Zoning
Ordinance. The screening shall be considered as an element of the overall
design and must blend with the architectural design of the building(s). The
exterior elevations and roof plans of the buildings shall indicate any fixtures or
equipment to be located on the roof of the building, the equipment heights, and
type of screening. Parapets shall be at least 6" above the equipment for the
purpose of screening.
26. No exterior downspouts shall be permitted on any facade on the proposed
building(s), which are visible from adjacent streets or residential and commercial
areas. Scuppers are an allowed feature.
27. Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 9302.00.D.
28. The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
29. The street address numbering/lettering shall not exceed eight inches in height.
30. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of Title
25 of the California Administrative Code. Compliance shall be demonstrated to
the satisfaction of the Director of Building and Safety.
Resolution No. 21328
Page 12
31. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
32. Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
33. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
34. No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
35. Vehicles associated with the operation of the proposed development including
company vehicles or employee's vehicles shall not be permitted to park off the
proposed building site unless a parking management plan has been approved.
36. Prior to the issuance of building permits, locations of all telephone and electrical
boxes must be indicated on the building plans and must be completely screened
and located in the interior of the building. Electrical transformers must be located
toward the interior of the project maintaining a sufficient distance from the
frontage(s) of the project. Said transformer(s) must be adequately and
decoratively screened.
37. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area
shall have curbs placed at a minimum of two (2) feet from the face of walls,
fences or buildings adjoining driveways.
POLICE DEPARTMENT
38. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
39. Prior to any construction on -site, all appropriate permits must be secured.
FIRE DEPARTMENT
Residential Smoke Detector Installation: Provide Residential Smoke Detectors.
Detectors shall receive their primary power from the building wiring, and shall be
equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall
be interconnected so that operation of any smoke detector causes the alarm in all
smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the
plans showing this requirement.
Resolution No. 21328
Page 13
Premises Identification: Approved numbers or addresses shall be provided for all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. (901.4.4 CFC)
Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If
parking on one side of the access road is desired, provide an additional 8 foot wide
parking lane with opposing curb marked red with appropriate signage for a total 28 foot
width. If parking on both sides of the access road is desired, provide an 8 foot wide
parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC)
Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit
gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide
require red painted curb to maintain minimum 20 foot clear width. Red curb shall be
stenciled "NO PARKING" and "FIRE LANE" with white paint. (901.4 CFC)
Water Systems and Hydrants: Underground water mains and fire hydrants shall be
installed, completed, tested and in service prior to the time when combustible materials
are delivered to the construction site. (903 CFC). Prior to final approval of the
installation, contractor shall submit a completed Contractor's Material and Test
Certificate to the fire department. (9-2.1 NFPA 24)
Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250` of
all combustible construction. No landscape planting, walls, or fencing are permitted
within 3 feet of fire hydrants, except groundcover plantings.
Fire Flow: The required fire flow for this project is 1000 gallons per minute.
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Resolution No. 21328
Page 14
ENGINEERING DEPARTMENT
CONDITIONS OF APPROVAL
JULY 6, 2005
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance
with City standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
RADIO ROAD
3. Dedicate an additional right-of-way of 3 feet along the entire frontage of the
subject property.
4. Construct a 6 inch curb and gutter, 25 feet north of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200,
5. Construct a minimum pavement section of 3 inches asphalt concrete pavement
over 6 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, from edge of proposed gutter to
centerline along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110 and 310. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using "R" values from the project site and
submitted to the City Engineer for approval.
LAS VEGAS ROAD
6. Construct two 32 feet wide driveway approaches in accordance with City of Palm
Springs Standard Drawing No. 205, at the locations as shown on the approved
Tentative Tract Map. The easterly entry shall be aligned with El Dorado
Boulevard.
Resolution No. 21328
Page 15
7. The entries shall not be gated. Insufficient space is provided for safe turn -around
of vehicles unable to enter the project.
8. Construct a Type C curb ramp meeting current California State Accessibility
standards on each side of the two driveway approaches in accordance with City
of Palm Springs Standard Drawing No. 214.
9. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210. The sidewalk
may be meandering. If a meandering sidewalk is proposed, easements for
pedestrian and sidewalk purposes shall be granted for portions of the
meandering sidewalk that leave the public right-of-way.
10. All broken or off grade street improvements shall be repaired or replaced.
ON -SITE PRIVATE STREET
11. Lot "A„, as shown on the Tentative Tract Map, shall be revised to delete those
portions of the proposed retention basin/drainage areas from the on -site private
street lot. Separate Lots (i.e. Lots "B" and "C") shall be created for the retention
basin/drainage areas.
12. Dedicate easements extending from back of curb to back of curb to the City of
Palm Springs for public utility and sewer purposes, and for service and
emergency vehicles and personnel, over the private street.
13. A Homeowners Association shall enter into a reciprocal access agreement with
the property owner(s) for those portions of the lots being used for common/open
space purposes (i.e. on -site streets and/or parking spaces). Provisions for
reciprocal access shall be included in Covenants, Conditions, and Restrictions
(CC&R's) for this project, and shall be provided to the City Engineer for review
and approval prior to approval of the final map.
14. Easements for on -site streets and parking spaces to be considered as part of the
common/open space to be maintained by a Homeowners Association shall be
reserved on the final map.
15. The on -site private street shall consist of a minimum 24 feet wide two-way travel
way. Provisions for drainage of the on -site private street, including approved
wedge curbs and cross -gutters shall be provided to the satisfaction of the City
Engineer.
16. Construct a minimum pavement section of 2% inches asphalt concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a California
Resolution No. 21328
Page 16
registered Geotechnical Engineer using "R" values from the project site and
submitted to the City Engineer for approval.
17. Parking shall be prohibited along the private street except for designated parking
areas.
SANITARY SEWER
18. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
19. The on -site sewer system shall be publicly maintained. Construct an 8 inch
V.C.P. public sewer main across the entire private street frontage and as
necessary to provide sewer service to the proposed development, and connect to
the existing public sewer system in Las Vegas Road. All sewer mains
constructed by the applicant and to become part of the public sewer system shall
be televised prior to acceptance of the sewer system for maintenance by the
City.
20. Submit sewer improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
GRADING
21. Submit a Precise Grading Plan prepared by a California registered Civil Engineer
or qualified Architect to the Engineering Division for review and approval. The
Precise Grading Plan shall be approved by the City Engineer prior to issuance of
grading permit.
A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Engineering Division for review and approval.
The applicant and/or its grading contractor shall be required to comply with
Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required
to utilize one or more "Coachella Valley Best Available Control Measures" as
identified in the Coachella Valley Fugitive Dust Control Handbook for each
fugitive dust source such that the applicable performance standards are met.
The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by
staff that has completed the South Coast Air Quality Management District
(AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and valid
Certificate(s) of Completion from AQMD for staff that have completed the
required training. For information on attending a Fugitive Dust Control Class and
information on the Coachella Valley Fugitive Dust Control Handbook and related
"PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909)
396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in
Resolution No. 21328
Page 17
conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be
submitted to and approved by the Engineering Division prior to approval of the
Grading plan.
The first submittal of the Grading Plan shall include the following information: a
copy of final approved conformed copy of Conditions of Approval; a copy of a
final approved conformed copy of the Site Plan; a copy of current Title Report; a
copy of Soils Report; and a copy of the associated Hydrology Study/Report.
22. Drainage swales shall be provided adjacent to all curbs to keep nuisance water
from entering the adjacent streets.
23. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed
permit shall be provided to the City Engineer prior to approval of a Grading Plan.
24. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c),
the developer shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand
relating to this property and development.
25. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and Incorporated as an integral part of the grading plan for the
proposed development. A copy of the soils report shall be submitted to the
Building Department and to the Engineering Division prior to approval of the
Grading Plan.
26. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The
California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
27. All stormwater runoff passing through and failing onto the site shall be accepted
and conveyed to a new drainage system to be constructed as part of the
development. An on -site retention and other storm drainage facilities approved
by the City Engineer shall be required, as outlined in the preliminary hydrology
study for Tentative Tract Map No. 33161, prepared by MSA Consulting, Inc.,
revised May 13, 2005.
Resolution No, 21328
Page 18
28. Construct drainage improvements, including but not limited to catch basins,
storm drain lines, and outlet structures, for drainage of on -site streets into on -site
retention basins, as described in a final hydrology study for Tentative Tract Map
33161, as approved by the City Engineer. The preliminary hydrology study for
Tentative Tract Map 33161 shall be amended to include catch basin sizing, storm
drain pipe sizing, and retention basin sizing calculations and other specifications
for construction of required on -site storm drainage improvements.
29. Provisions for the interception of nuisance water from entering adjacent streets
from the project site shall be provided through the use of a minor storm drain
system that collects and conveys nuisance water to landscape or parkway areas
or to on -site retention basins, and in only a stormwater runoff condition, pass
runoff directly to the street through parkway or under sidewalk drains.
30. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $6,511.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
31. Separate lots shall be shown on the final map for those areas to be used as
retention basin/drainage areas.
GENERAL
32. Any utility trenches or other excavations within existing asphalt concrete
pavement of off -site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off -site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.). Multiple excavations, trenches, and other street cuts within
existing asphalt concrete pavement of off -site streets required by the proposed
development may require complete grinding and asphalt concrete overlay of the
affected off -site streets, at the discretion of the City Engineer. The pavement
condition of the existing off -site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
33. All proposed utility lines shall be installed underground.
34. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
35. The original improvement plans prepared for the proposed development and
Resolution No. 21328
Page 19
approved by the City Engineer shall be documented with record drawing "as -
built" information and returned to the Engineering Division prior to issuance of a
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
36. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,
all existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are on -site, abutting, and/or
transecting, shall be installed underground unless specific restrictions are shown
in General Orders 95 and 128 of the California Public Utilities Commission, and
service requirements published by the utilities. The existing overhead utilities
across the west property line and running easterly from the west property line
approximately 390 feet, meet the requirement to be installed underground. A
detailed plan approved by the owner(s) of the affected utilities depicting all above
ground facilities in the area of the project to be undergrounded, shall be
submitted to the Engineering Division prior to approval of any grading plan.
37. Nothing shall be constructed or planted in the corner cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code Section 93.02.00, D.
38. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per
City of Palm Springs Standard Drawing No. 904.
MAP
39. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcel and all lots created
therefrom, and copies of record documents shall be submitted with the Final Map
to the Engineering Division as part of the review of the Map. The Final Map shall
be approved by the City Council prior to issuance of building permits.
40. Easements for flood control and drainage purposes shall be reserved across
those portions of the property to be used as retention basins, limiting the use of
these portions of the property for flood control and drainage purposes in
perpetuity, and restricting any and all encroachments, construction or
improvements therein. Provisions for maintenance of the flood control retention
basins shall be included in Covenants, Conditions, and Restrictions (CC&R's) for
this project, and shall be provided to the City Engineer for review and approval
prior to approval of the final map.
TRAFFIC
Resolution No. 21328
Page 20
Pay to the City of Palm Springs the fair share contribution towards the
construction of a traffic signal at the intersection of Indian Canyon Drive and
Tramview Road. The fair share contribution has been determined as 0.43% by
the Traffic Impact Study Update for Tentative Tract Map 33161, prepared by
Endo Engineering, dated January 26, 2005. The developer shall post payment of
$650.00 to the City of Palm Springs prior to approval of a final map.
41. Pay to the City of Palm Springs the fair share contribution towards the
construction of a traffic signal at the intersection of Indian Canyon Drive and
Sunrise Parkway. The fair share contribution has been determined as 0.62% by
the Traffic Impact Study for Tentative Tract Map 33161, prepared by Endo
Engineering, dated January 26, 2005. The developer shall post payment of
$924.00 to the City of Palm Springs prior to approval of a final map.
42. Install street name signs at the two intersections of the on -site private street and
Las Vegas Road in accordance with City of Palm Springs Standard Drawing Nos.
620 through 625.
43. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the two intersections of the on -site private street and Las Vegas
Road in accordance with City of Palm Springs Standard Drawing Nos. 620-625.
44. Construction signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the City Engineer. As a minimum,
all construction signing, lighting and barricading shall be in accordance with State
of California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 1996, or subsequent
additions in force at the time of construction.
45. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
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CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8204
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
SUBDIVISION IMPROVEMENT AGREEMENT
Real property in the City of Palm Springs, County of Riverside, State of California, as
described:
Land described in Exhibit "A"
Tract Map 33161
Dated: May 27, 2021
From,
ALURE PALM SPRINGS, LLC
Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is
hereby accepted by the City Clerk of said City of Palm Springs, on this 22" d day of July,
2021, pursuant to authority granted by the City Council of said City, by Resolution No. 20255
made on the 16th day of January, 2002, and the Grantee consents to recordation thereof
by the City Clerk, its duly authorized officer.
Dated at Palm Springs, California, this 22"d day of July 2021.
A HONY
ITY CLERK