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10/5/2016 - STAFF REPORTS - 1.I.
Citv Council Staff Report Date: October 5, 2016 CONSENT CALENDAR Subject: APPROVAL TO TRANSFER A FLOOD CONTROL AND DRAINAGE EASEMENT TO THE ALTA NEIGHBORHOOD ASSOCIATION From: David H. Ready, City Manager Initiated by: Engineering Services Department SUMMARY This action will authorize the City Manager to execute a Quitclaim Deed to transfer the City's existing flood control and drainage easement over a privately owned parcel of land located at the southeast corner of S. Palm Canyon Dr. and Bogert Trail to the ALTA Neighborhood Association. RECOMMENDATION: Authorize the City Manager to execute a Quitclaim Deed transferring an existing flood control and drainage easement over that certain parcel of land identified by Assessor's Parcel Number 512-290-041 to the ALTA Neighborhood Association. STAFF ANALYSIS: On June 19, 2002, the City Council approved Tentative Tract Map 30050 to subdivided the parcel of land located at the southeast corner of S. Palm Canyon Dr. and Bogert Trail into 67 single family lots. Separate from, and excluded as part of Tentative Tract Map 30050, was the parcel of land at the southeast corner identified by Assessor's Parcel Number (APN) 512-290-041, which was identified on an earlier subdivision (Tract 12848) as a floodway and not subject to development. The City's conditional approval of Tentative Tract Map 30050 included Engineering Condition #35, which stated: Developer shall obtain easements dedicated to Riverside County Flood Control and Water Conservation District (RCFC) for flood control and stormwater drainage purposes across Lots 73 and 84 of Tract 16149 (APN's 512-200-022 and -024) and across that certain 1.80 acre parcel of land indicated as floodway on Tract 12848 (APN 512-292- 001). ITEM NO. I� City Council Staff Report October 5, 2016 - Page 2 Approval of Quitclaim Deed of Drainage Easement Tentative Tract Map 30050 also included obligations to design and construct a regional flood control system to address the 100-year floodplain in that area, for which the drainage easement required by Engineering Condition #35 was necessary. In an effort to comply with Engineering Condition #35, on July 29, 2004, a Grant of Easement for flood control and drainage purposes was executed by the underlying owner of APN 512-290-041 and dedicated to the City, and recorded as Document No. 2004- 0619539. At that time, the developer of Tentative Tract Map 30050 was coordinating with RCFC on the design of the required regional flood control improvements, and it was the City's intention to assign this drainage easement to RCFC at the time final plans for these flood control improvements were approved by RCFC. However, on July 1, 2009, the City Council approved amendments to the requirements for Tentative Tract Map 30050, relieving the developer of the obligation to construct the regional flood control improvements due the excessive cost. Included with the City Council's approval was deletion of Engineering Condition #35 requiring the dedication of the flood control easement over APN 512-290-041. Tentative Tract Map 30050 was later developed as the "ALTA" subdivision and all housing construction was completed. The ALTA subdivision has made use of APN 512- 290-041 as a flood control basin that accepts storm water runoff from the private streets within the subdivision. An aerial photo of the residential subdivision is shown in Figure 1, and an aerial photo of the subject parcel of land identified by APN 512-290-041 is shown in Figure 2. y0.. f• ! . I r.=.... Figure 1 02 City Council Staff Report October 5, 2016 - Page 3 Approval of Quitclaim Deed of Drainage Easement Y 1 Pp e Figure 2 There is no public need for the City to maintain its flood control and drainage easement over APN 512-290-041, as that parcel of land has been and will permanently be maintained as a private flood control basin benefitting the ALTA subdivision. Accordingly, the ALTA Neighborhood Association has requested that the City vacate and transfer its flood control and drainage easement to it. ENVIRONMENTAL IMPACT: The requested City Council action is not a "Project' as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a 'Project' means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to authorize approval of a Quitclaim Deed, and is exempt from CEQA pursuant to Section 15378(b), in that a 'Project' does not include: (5) 03 City Council Staff Report October 5, 2016 - Page 4 Approval of Quitclaim Deed of Drainage Easement Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. FISCAL IMPACT: Transferring the City's flood control and drainage easement to the ALTA Neighborhood Association will eliminate the City's financial liability associated with maintenance of the underlying parcel. SUBMITTED: Marcus L. Fuller, MPA, P.E., P.L.S. Assistant City Manager/City Engineer Attachments: 1. July 1, 2009, City Council staff report 2. Quitclaim Deed David H. Ready, Esq., City Manager 04 ATTACHMENT 1 05 City Council Staff Report Date: JULY 1, 2009 CONSENT CALENDAR Subject: JOINT ITEM OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY APPROVING AN AMENDED AND RESTATED SUBDIVISION IMPROVEMENT AGREEMENT WITH IRP EL PORTAL ASSOCIATES, LLC ASSOCIATED WITH TENTATIVE TRACT MAP 30050 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY On July 30, 2008, the City Council authorized staff to prepare an amendment to a Subdivision Improvement Agreement with IRP El Portal Associates, LLC, a Delaware Limited Liability Corporation, to relieve the developer from the responsibility to construct regional flood control improvements along South Palm Canyon Drive for the ALTA Project (Tentative Tract Map 30050) located at the northeast corner of South Palm Canyon Drive and Acanto Drive. The revised agreement has been prepared, and it has been approved by the developer and City Attorney, and is ready for City Council and Agency approval. RECOMMENDATION: 1) The City Council approve amended conditions of approval for Tentative Tract Map 30050; and 2) The City Council approve the Amended and Restated Subdivision Improvement Agreement by and between the City of Palm Springs and Community Redevelopment Agency of the City of Palm Springs and IRP El Portal Associates, LLC, a Delaware limited liability company, associated with Tentative Tract Map 30050; and 3) The Community Redevelopment Agency approve the Amended and Restated Subdivision Improvement Agreement by and between the City of Palm Springs and Community Redevelopment Agency of the City of Palm Springs and IRP El Portal Associates, LLC, a Delaware limited liability company, associated with Tentative Tract Map 30050; and ITEM NO.. 1: City Council Staff Report July 1, 2009 - Page 2 TTM 30050 Amended Subdivision Improvement Agreement 4) Authorize the City Manager and Executive Director to execute the agreement on behalf of the City and Agency. STAFF ANALYSIS: On July 30, 2008, the City Council authorized staff to prepare an amendment to a Subdivision Improvement Agreement with IRP El Portal Associates, LLC, a Delaware Limited Liability Corporation, to relieve the developer from the responsibility to construct regional flood control improvements along South Palm Canyon Drive for the ALTA Project (Tentative Tract Map 30050) located at the northeast corner of South Palm Canyon Drive and Acanto Drive. Please refer to the July 30, 2008, staff report (Attachment 1) for more details. Staff has coordinated with the developer on appropriate amendments to the original Subdivision Improvement Agreement. Staff has also identified changes to the original Conditions of Approval to reflect the Council's authorization to delete the obligations associated with construction of the off -site flood control improvements. All of the recommended changes to the Conditions of Approval relate to Engineering conditions; a full copy of the final amended Conditions of Approval (in legislative format) is included as Attachment 2, as well as Exhibit "A" to the amended agreement. The revised agreement (see Attachment 3) has been prepared, and it has been approved by the developer and City Attorney, and is ready for City Council and Agency approval. FISCAL IMPACT: Approval of the amended Subdivision Agreement and Conditions of Approval, allowing Tract 30050 to be completed without the construction of the flood control improvements, will unencumber $2,033,750 in Community Redevelopment Agency bond proceeds originally earmarked for construction of the Tract 30050 flood control improvements. These funds can now be used for other qualified capital projects in Merged Area #2. Submitted: �% David J. Barakian Director of Public Works/City Engineer David . Ready, City Man ger ATTACHMENTS: 1. July 30, 2008, City Council staff report 2. Amended Conditions of Approval for Tentative Tract Map 30050 3. Amended and Restated Subdivision Improvement Agreement 07 ATTACHMENT JULY 30, 2008, CITY COUNCIL STAFF REPORT n.] Citv Council Staff ReAort July 30, 2008 Subject: AUTHORIZE STAFF TO PREPARE AN AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT AND MAP CONDITIONS OF APPROVAL WITH IRP EL PORTAL ASSOCIATES, LLC, A DELAWARE LIMITED LIABILITY CORPORATION, FOR TRACT MAP NO. 30050 (ALTA), RELIEVING THE CITY, THE COMMUNITY REDEVELOPMENT AGENCY, AND THE DEVELOPER FROM THE OBLIGATION TO FUND AND CONSTRUCT CERTAIN FLOOD CONTROL IMPROVEMENTS ON SOUTH PALM CANYON DRIVE AND RELEASING NINE RESTRICTED LOTS IN THE TRACT FOR SALE AND DEVELOPMENT From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department Community and Economic Development Department SUMMARY This action would authorize Staff to prepare an amendment to a Subdivision Improvement Agreement with IRP El Portal Associates, LLC, a Delaware Limited Liability Corporation, relieving the Developer from the responsibility to construct regional #food control improvements along South Palm Canyon Drive far the Alta Project, located at the northeast comer of South Palm Canyon Drive and Acanto Road. (TM 30050, Case No. 5.0899, PD 271) In addition, the Amendment would relieve the Community Redevelopment Agency of the obligation to fund a major portion of that structure, in the amount of $2,033,750. The Agency had made a commitment, included in the Subdivision Improvement Agreement, from a Tax Allocation Bond Refinancing In June 2004. Several delays in the acquisition of property for the drainage basin and acquisition of easements onto the Indian Canyons Golf Resort, across allottes property, and obtaining the Riverside County Flood Control District and the Tribal Engineering Department's approval of the flood control structure design, caused the flood control project to be delayed by several years. The original estimated cost of the flood control improvements of $2,033,750 is now significantly out of date. The newest engineer's estimate of the work Is at least $2.7 million plus the cost of water line relocation which potentially pushes the total project cost above $4.0 million, beyond the ability of any of the parties to fund at this 09 point. The Developer has raised the restricted lots out of the flood plain, making them eligible for development once a Letter of Map Revfslon (LOMR) Is received from FEMA. RECOMMENDATION: 1) AUTHORIZE STAFF TO PREPARE AN AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT AND MAP CONDITIONS OF APPROVAL WITH IRP EL PORTAL ASSOCIATES, LLC, A DELAWARE LIMITED LIABILITY CORPORATION, FOR TRACT MAP NO. 30050 (ALTA), RELIEVING THE CITY, THE COMMUNITY REDEVELOPMENT AGENCY, AND THE DEVELOPER FROM THE OBLIGATION TO FUND AND CONSTRUCT FLOOD CONTROL IMPROVEMENTS ON SOUTH PALM CANYON DRIVE AND RELEASING NINE RESTRICTED LOTS IN THE TRACT FOR SALE AND DEVELOPMENT STAFF ANALYSIS: As a condition of approval on most development projects, developers are required to construct public improvements that benefit their projects, especially if those improvements are located adjacent to the project site. These costs typically include street and sidewalk improvements, median islands, parkway or greenbelt landscaping, traffic signals, and all flood control and drainage facilities (on site or off site). In Palm Springs, where there exists a Drainage Master Plan in most of the city, the cost of drainage and flood control improvements are rational and predictable, if not Inexpensive. In the most expensive portion of the City, in the east -central portion (around Lowe's), a drainage fee of approximately $9,600 per acre is assessed against all development. Redevelopment Aaencv History Over the past fifteen years, several developers have made requests for Community Redevelopment Agency assistance on flood control improvement costs for residential projects in the South Palm Canyon area, particularly the Alta (formerly El Portal) and Monte Sereno projects, because many of the master plan improvements were "regional" in nature: that Is, the majority of the benefit actually accrues to properties spread over a wide area and not one particular project. The relatively high cost and regional nature of the improvements is an argument for the public agency to participate In the improvements, rather than requiring their cost to be bome by a single project The Canyon Redevelopment Project Area (now part of Merged Area #2) was formed in 1991 specifically to promote development of the area, given the significant infrastructure needs related to flood control and drainage. When the Canyon Redevelopment Project Area was created in 1991, the Agency committed to the developer of the Canyon Park Master Plan that it would fund the development of all flood and drainage infrastructure in the project area, up to a maximum of $300 million over the life of the project (40 years). The case for Agency assistance was simple: white these residential projects promised to generate significant tax increment for the Agency and would increase the supply of truly high -end housing in the city, they faced extraordinary costs due to flood control measures required by the Riverside County Flood Control District (RCFC) in order to address the regional offsite hydrology issues. The total anticipated cost of the flood control improvements alone is over $12 million, far more than can be absorbed by either a single developer or the home -buyers in the tract even in $1 million homes, if the project were to remain competitive with others in the Valley. In addition, the City required participation in the development of a bridge over South Palm Canyon Drive, as well as the construction of a fire station to serve the Canyon area. At the time that Tentative Tract Map 30050 was being considered by the City in 2003, the City was also coordinating preparation of a Master Plan of Drainage for the South Palm Canyon Area, as the area was not included in the City's Drainage Master Plan. Master Plan of Drainaae Fee The South Palm Canyon Area south of Murray Canyon Drive is not included in the City's Drainage Master Plan described above; therefore, each development proposal is subject to review and approval by RCFC, with each developer bearing the cost of his own direct (on -site) and indirect (off -site) flood control mitigation. The estimate of the entire cost of the master plan flood control improvements in the Canyon is $12 million or more. In addition, there are several areas of infrastructure that need to be upgraded to accommodate current and future development in the Canyon, including the installation of an all-weather bridge on South Palm Canyon Drive and the construction of a new fire station in the Canyon. At least a portion of the flood control and infrastructure costs are "regional;' which are often borne by either the public agencies (CitylRedevelopment Agency) or shared with other benefiting property owners. Since 1991, several studles have been completed to determine the appropriate flood control mitigation measures in the Canyon area and to estimate the construction costs, as well as to develop a cost basis for the streets, bridges, and other required public improvements. These flood control studies are a basis for determining the pro rate cost of the flood control improvements for the parcels in the area; in addition, there are estimates available for the necessary streets and traffic improvements. In 2003, the Agency hired the engineering firm of Berryman & Henigar to conduct a fee study under the provisions of the California Government Code Section 66000 in order to detenmine the public and private benefit shares of the estimated Master Plan costs and. determine an equitable share for developers seeking to develop in the Canyon area. Such a fee was adopted by ordinance based on the conclusions of that study in February 2006 and became effective in April, 2006. There are a number of factors that complicated the calculation of a fee: the topography of the area means that there is a high degree of disparity between the benefit of a flood control fee across the Canyon, with adjacent tracts being subjected to very different direct requirements for flood control improvements, depending on which Is In the flood plain; second, a portion of the area is already developed and may have been developed under more lenient flood control guldellnes, suggesting that existing development may derive benefit from the future improvements without,paying for them, and that there was 11 no prior mechanism for collecting an infrastructure impact fee; third, about half the developable Canyon area lies outside the City limits of the City of Palm Springs, making the assessment of those parcels difficult, even though some improvements need to be constructed outside the City; and, fourth, a significant portion of the Canyon is either Indian allottee land or directly owned by the Ague Caliente Band of Cahuilla Indians. While the City has the right to impose development fees on allottee land within the City limits, its ability to assess fees on Tribally owned parcels is circumscribed and the City and Tribe have not yet negotiated the specific terms of a voluntary fee program on Tribal or allottee land outside the City limits. Nevertheless, the Developer Fee was adopted In February 2006 and is in effect for the Canyon area for all new development. Infrastructure Costs The Drainage Master Plan as prepared and summarized by the engineering fine of Tettemer and Associates (now Stantec Consultfng, Inc.), include: Original Estimated Watershed/Drainage Facilities Construction Cost Dry Canyon Improvements 1 . Arenas Lateral 30,000 2 Dry Canyon Debris Basin 37,500 3 Dry Canyon Channel 1,828,750 4 Acanto Drive Storm Drain 137,500 Palm Canyon Wash 5 Westerly Bank Rip Rap Protection 1,401,250 12 Westerly Bank Concrete Levee 2,500,000 Arenas Canyon 6 Arenas North Channel 1,055,000 7 Andreas North Desilting Basin 1,043,750 8 South Palm Canyon Drive Culvert Crossing 155,000 9 Arenas South Channel 2,000,000 10 South Palm Canyon Drive Bridge & Street 3,494,079 11 Improvements New Fire Station 2,500,000 Total Estimated Construction Cost $16,747,829 12 Specific to the Alta project is a regional flood control improvement that will accept storm water runoff from the mountains south of Acanto Drive and convey it through underground culverts and an open channel, ultimately outletting into the lake located on the Indian Canyons Golf Resort at the northeast comer of South Palm Canyon Drive and Bogert Trail. The construction would not only protect the new homes in Alta from flooding but also provide all weather access to the tract itself and other properties located on Acanto or south by mitigating the sheet flow of water that crosses (and closes) South Palm Canyon Drive in a major storm event. The developer of the Alta project has had plans prepared by Stantec for construction of the required flood control improvements. The plans prepared by Stantec and specifications prepared by City staff are ready for Agency Board approval and the subsequent advertisement for construction bids. The Engineer's Estimate for this project is $2,700,000. Aaencv Financing Pronosal As a result of negotiations with Palm Canyon, LLC (the original Alta developer) commencing in October, 2001, the Agency committed to constructing the Dry Canyon Improvements, which were specifically set forth as obligations under Engineering Conditions 38, 38A, 38B and 38D to Tentative Tract Map 30050 approved by the City on June 19, 2002 (and listed as Items 1-4 In the table above with estimated cost from the Tettemer & Associates study). Conditions of Approval for Tract 30050 required the Developer to construct the drainage improvements described above. The Subdivision Improvement Agreement between the Developer and the City of Palm Springs requires the Developer to design the facility, but anticipates the Agency's contribution toward the construction cost from 2004 Tax Allocation Bond refinancing proceeds. The Developer agreed to obtain or provide: (1) approval of the flood control structure design by RCFC; and (2) acquisition and approval by the BIA of spillway easements onto the golf course and from the underlying allottees. City staff was willing to assist the Developer but the primary responsibility for these two items stayed with the Developer. The Agency refinanced Tax Allocation Bonds in June 2004 and set aside $2,033,750 for Alta flood control improvements. In 2004 the Agency and Developer expected that amount to be adequate to cover the cost of construction. This project was anticipated to be bid and constructed by the City of Palm Springs on behalf of the Agency once'the necessary easements were in place and a design was approved by RCFC. Under tax exempt financing regulations, the Agency should have expended the funds by June, 2007 in order to meet the arbitrage rules under tax exempt financing law. Because that deadline has been missed, the funds are now in a rate -restricted account. Restrictive Covenant The City has also recorded a covenant against the Developer's project, restricting the development of nine lots located closest to Palm Canyon Drive, as security for the Developer to move forward with the flood control design. This covenant would be released upon the satisfactory completion of the required off -site improvements, including the flood control improvements. The ratlonale, in addition to the security, was 13 that these lots were in the flood plain and would only have that flood plain designation removed once a LOMR was received upon FEMA's acceptance of the installed flood control protection. However, the Developer has raised the pads out of the flood plain and has requested the City Engineer support its Letter of Map Revision (LOMR) application without the construction of the flood control improvements in order to move forward with marketing them. As described above, if the project went forward without the construction of the flood control Improvements the change in the pad height would pmtect the individual homes, but the overall access to the tract could be cut off, as well as access for anyone living along Acanto Road or south. Proiect Delays Since the beginning of the design process, the project has been challenging. Currently In the event of a major flood, water flows off the mountain and across Palm Canyon Drive and eventually makes its way to the golf course, which is the natural flood control retention area_ The nature of the original improvements was that they were designed to take flood water from the Dry Falls area on the west side of Palm Canyon Drive, route the water Into an inlet structure on that side of the street on property owned by the Tribe, into a pipe that would cross under South Palm Canyon Drive into a landscaped rip -rap channel flowing northbound along the east sloe of Palm Canyon Drive, into another box or pipe that would cross under Bogert Trail and empty the water into the lake on the Indian Canyons Golf Resort, near Bogert Trail and Palm Canyon. The benefits were the protection of homes and the ability to have all weather access along South Palm Canyon Drive. At first delays were design -related. In crossing South Palm Canyon Drive, RCFC required that the box be at least 6 feet high in order to allow for maintenance equipment to get in after a major flood event. Without a debris basin in Dry Falls, the risk was that the structure would carry debris into the box and back up. Without adequate height to get equipment in, RCFC felt they would be unable to maintain the structure, and their Operations staff rejected any plan that did not include 6' of height. Another problem was that a B' high box would require a vertical realignment of South Palm Canyon Drive, meaning a major rise in the road. In addition, any design crossing South Palm Canyon Drive would require the relocation of a 30 inch Desert Water Agency line and a secondary 16 inch water line at a cost of nearly $1 million. Various design options that included smaller, wider boxes with access from the top never received final approval from RCFC. At the outlet and of the structure, the Developer was required to obtain easements to carry the water onto the golf course. They obtained through the threat of condemnation. a privately -owned parcel for storm water detention (the Stich Parcel) and a leasehold easement from the Agua Caliente Development Authority, the owners of the golf course and the lessee of the land. However, negotiations with the six allottees which own the underlying fee Interest on the golf course and adjacent parcels were more difficult and took much longer. The easement over the fee interest, rather than merely the leasehold interest, is necessary in order to effect an easement In perpetuity or "without limitation." 14 At this point staff understands that an easement has been negotiated between the Developer and allottees but not finalized through the BIA. Without the easements the structure cannot reach the outlet on the golf course. Concurrently with the negotiation for the allottee easements, the Developer needed to obtain an easement for the inlet structure from the Tribe for access onto the Toro Ranch property on the west side of Palm Canyon Drive. However, Tribal engineering staff directed the Developer to redesign the project to provide more flood control protection on Tribally -owned property on the west side of Palm Canyon Drive. This redesign changed the location of the entire flood control channel: rather than crossing under South Palm Canyon Drive near Acanto, the flows would be conveyed north along the west side of South Palm Canyon Drive in a wider open channel on Tribally -owned property with an ultimate culvert crossing at Bogert Trail to the outlet at Indian Canyons Goff Resort. Under this redesign, the City/Agency would have constructed the channel using the bond funds but then dedicated it to the Tribe, which would have needed to provide the City with the same standard indemnification as we would have received from RCFC. After more than a year of Stantec working on a modified design, Tribal staff decided that It was not In the Tribe's best interest to have the structure on the west side of Palm Canyon Drive and agreed to allow the original design to move forward. The amount spent by the Developer on design is over $750,000 to date, and the Developer had received informal estimates of the actual construction cost of the structure, including the water line relocation, to be in the M5 to $4 million range. The Engineer's estimate of the flood control project alone is $2.7 million. The Developer has Indicated that they are not prepared to absorb these additional costs considering the relative benefit of the project to the development and the current state of the home building industry. In 2007, the City Engineer directed the Developer to: • Provide the City with copies of the bids received for the Flood Control Improvements from the contractors that have informally bid the project. • Complete the construction plans for the flood control improvements, prepared by Stantec, including processing them for approval from RCFC. • Complete the construction plans and details for the required relocation of Desert Water Agency (DWA) facilities at South Palm Canyon Drive and Bogert Trail necessary for Installation of the flood control improvements. • Complete the acquisition of storm drain easements in favor of the City of Palm Springs from the Tribe and Individual Tribal allottees. • Complete the other required offsfte improvements including undergrounding of utilities, street Improvements, landscaping, etc. regardless of whether or not the flood control improvements are constructed as these are an obligation under the Subdivision Agreement. Both the Developer and Consulting Engineer have produced letters that provide additional detail about the design and approval process. Recommendation It had been the City/Agency's Intention to proceed with formal construction bidding of the flood control improvements as a publicly bid City Project, including requisite utility relocation of DWA facilities, such that the City would receive a valid construction cost for the project and definitively determine the significance of the cost overrun above the Agency's maximum contribution. However, given the Engineers estimate of $2.7 million for the flood control structure itself, the informal construction bids in the range of $3.5 to $4.0 million for the combined project, and the inability of the Developer to contribute additional funds In a fragile housing market, it is apparent that to proceed with this project, the Developer, City and/or Agency would have to expend additional funds along with the original $2,033,760, which may be. better invested in other initiatives, such as Improvements in Section 14. Staffs recommendation is to proceed with the Amendment to the Subdivision Improvement Agreement to relieve the Agency and Developer with the responsibility for constructing this regional improvement in favor of the project -based solution of paying the establish drainage fee of $137,000 and raising the pad elevations. The Developer is still required to complete the other required offsite improvements obligated under the Subdivision Improvement Agreement, including the undergrounding of utilities, street improvements, and landscaping, whether or not the flood control improvements are constructed. The second recommendation would be to assist the Developer in its LOMR application to FEMA, once the City has received certification that the pads are raised outside the flood plain without the construction of the flood control Improvements. These are the recommendations of staff based on the financial realities of the project today and the activities of the Developer to protect the homes in the tract. However, not building this flood control structure means that the area south of Bogert Trail would remain without an all-weather crossing, including the Alta tract itself. This includes the subdivisions within and outside the City on Acanto Road, and the Indian Canyons themselves, which are several miles south of Acanto. There is no all-weather crossing on South Palm Canyon today and that condition would remain without the drainage structure discussed in this report FISCAL IMPACT: Amending the Subdivision Agreement and Conditions of Approval to allow Tract 30050 to be completed without the construction of the flood control improvements would save the Community Redevelopment Agency at least $2,033,750 in bond proceeds. These funds could be used for other qualified capital projects in Merged Area #2, which includes the Canyon and Section 14. The Canyon Project Area and Section 14 are in the same Merged Project Area #2. 16 J Ow David J. Barakian Director of Public Works/City Engineer Thomas J. Wi n Assistant City Manager J hn S. a o d & Fxpnorric Da�opnrent David H. Ready Executive Director Attachments:1) Letter from Andrew I. Sands, IRP EL Portal, LLC (Developer) 2) Letter from William E. Lawson, P.E., Stantec Consulting, Inc. (Engineer) 17 IRP El PORTAL ASSOCIATES, LLC 31" Cody Court Palm Springs, CA 92264 Judy 17, 2008 Mr. John Raymond City of Palm Springs Director of Community and Economic Development 3200 E. Tahquitz Canyon Way Falm Springs, CA 92262 Re: Alta Flood Control Improvements Dear Mr. Raymond, As you know, the design of the Flood Control Improvements have been going on for over four years now. Back in Jtme of 2004, your Agency set aside 52,033,750 for the Flood Control Improvements in question. At the time, both your Agency and Palm Canyon, LLC, (developer prior to IRP El Portal Associates, LLC) expected the money to be adequate for the cost of construction. However after four years of design changes and delays to accommodate Riverside County Flood Control (RCPC), Desert Water Agency (DWA), the City of Palm Sponge, the Tribe, the Allonees, and four years of cost escalation, the $2,033,750 Is no longer sufficient to cover the cost of construction. The history of the Flood Control Improvements design is described in the attached letter from our consulting engineers, who are once again requesting additional funds to be, able to complete their services. Without getting in too much detail, the following is a brief history: To begin with, the original design was modified numerous times in order to meet RCFC's maintenance requirements, the issue being the shallow structures that were initially designed to avoid existing DWA waterlines along South Palm Canyon and Bogart Trail. Then, in negotiating rights and fees for easements with the Tribe and Allottees, the project was more or legs put on hold until an agreement could be reached on an alternative location for the Improvements. At the request of the tribe, the decision was trade to move the bulk of the Flood Control Improvements from the easterly side to the westerly side of South Palm Canyon Drive. However, after substantial delays and many design considerations, the Tribe reversed their previous decision and the Flood Control Improvements were relocated once again to the easterly side: Additionally, further design changes were mandated as a result of the District's maintenance requirements of having a N Mr. John Raymond July 17, 20M Page 2 6' deep reinforced concrete box (RCB) structure. Ultimately, thus requitement resulted in a complete vertical realignment of South Palm Canyon Drive and the relocation of a number of DWA lines. Per the City's request, we obtained an engineer's estimate to construct the approved Flood Control Improvements. The Improvements were estimated at S2.7 million. This number, however, did not include the cost of the now required vertical realignment of South Palm Canyon Drive and the relocation of DWA lines, nor did it include similar work required on Bogart Trail. The total cost of this project, excluding costs we have incurred to date exceeding $750,000, will now exceed $4 miWon. As indicated above, over the last four years we have expended in excess of $750,000 on this project trying to bring all the parties and design requirements together. Yet, we still face ongoing design costs, RCFC maintenance fees, and costs associated with purchasing the easements, the latter of which remains unresolved. We have worked diligently and in good faith to fulfill our obligations under the Conditions of Approval. The costs of the Improvements, however, after years of delays, design changes, and cast escalation are substantially more than the $2,033,750 bond originally set aside. Our costs to date as explained above, have substantially exceeded our initial budgeted financial obligations related to the Conditions of Approval and, given current market conditions, we are not in a position to further exceed our obligations and absorb the difference between the original cost and the projected costs of the newly designed Improvements. The ten single family lots in our subdivision that were deemed to be in the 100-year flood plain have been raised out of the plain. TherefIcre, we respectfully request that you relieve us of any furrier obligations related to the Flood Control Improvements. Y President Cc: David Ready Tom Wilson Palm Springs City Council 19 apnpcCdes Inc. I1e�TbeCkn ZlYSU243MM TO. (sail) 023-MM t Floc(940)9235121 �IItiI:C July 16. 2005 File, 2W 014W5. 210 Concert Realty Partners, LLC 601 South Figueroa Street Suds 3400 Los Angeles, California 90017 Attention: Mr. Andrew Sands, Managing Partner Reference: South Palm Canyon Channel and Acanto Drive Storm Drain Design, Tract 30050 Dear AAr Sends: Stantac Is currently out of funds to continue to seivice the above referenced project. I have reviewed the vark= stages of the conshtd(on plan preparation for the subject project and will describe below how Ilia design has evolved to where it is today. I have also reviewed the Scope of Services eovarad by each of the project Change Orders, meeting minutes and other significant proles correspondence and documents that he vs bean prepared s nce the pn>lact was acquired by IRP EI Panel Associates, LLC, In late 2004. The fa0ovr9g paragraphs summa its y1e JIM of my findings in this review and we hope that this letter will help explain our nrpueat for additional funds, Construction Plans Prior to the acquisition of We prof act by IRP El Portal Associates, LLC, three (3) plan submittitls were made to Riverside County Flood Control it Water Conservation District (Dishict) and were dated November 20. 2003, March 3, 2004 and June 30. 2004, respectively. These plans were preparad for Palm Canyon, LLC who preceded IRP El ported Associates in the development of Tract No. 30060 and the associated Dry Canyon Channel (now referred to are the South palm Canyon Channel). These initial plans showed the channel as primarlly an open trapezoidal channel along the easterly side of South Palm Canyon Drive (SPC !rive) with a reach cif RCB (Reinforced Concrete BOX) culvert from the inlet on the wool side of SPC Drive at Acento Dive to the open charms[ on the east side ohthe street and similarly, a short reach of RCB passing under Bogen Trail to the oullst In Canyon South [log Course. The open channel was provided with a sightly weaving bottom alignment and Intermittent rlprap protection. The Acanto Drive Storm Drain system consisted of OT ID RCP (Reinforcad Concrete Pipe) from Acanto Drive to a junction with the open channel southerly of the tract entrance road, and had 12 catch basin inlets in Acanto Drive. A short 24" RCP storm drain was also provided In Bogen Trail which cortmKietl io the RCB Ihate, and two inlets in SPC Drive were also provided, The bad detention basin's 30' ID RCP OU" pipe also connected to the ROB southerly of Bogart Trail. The RCB culvert structures were destgned with very shallow heights of only three (3) to four (4) feet in order to clear the existing WYA waterlines in Who street IJlhmatiely, however, the District changed their view and OPPosed these shallow structures, and asked for aftemative design solutions that were more eondus(ve 10 District maintenance vwnoJECTsta W14o)sdc=oo=Or_Suriegg TdwnJltp_2W8071edec 20 .orb 10, 20M W. Aedrew Bwxk Miumo g PWner Paps2da RaBrrenrc aeWh Pahe gnyea ahennol and Awep DAna Mane Drain D"4^ Traot 3OM Concurrently, onootng discussions bstassn IRP El Panel As odems and Apo Cesents Devaopmertt AuMaiy rapardfng the acquisition of aaeaments tar the prated revealed that ire TdbevvaMea the hood OW" channel 10 be beatad on the war" side d South Palm Canyon Drive for more toad ON" d Tribal Land. In Jura 2004 exhibits ware prepared showing a continuous RCS facility, mostly along Me wad* aide of SPC Drina, but am" to Me aastsi is when thane was adequate clearance over the water Kuban. I reco a number ofvarfaftw on this txarospt, fret don'thon eA*b for mWo them a her d Mem. Use of pre -east RCB's Was also studied during Brie period. In November 2004 an wd*k showing two optiom wan prepared. One option was for a bap charnel elan tit westeriy aide of $PC Drive wth a Irma ROB Waning the sheet and mMi it ng an to The gait muse rrudel. The second option wan kir a contli RCB structure, macty IacaEad an ft wsaary side of pre SUW but Waning at he same buts v as In the Prat option. The OF ro RCP Acanto Drive slam drain was extended mach further non to a point of connection with the RCS In ft" op0ons. On Jarerry 28, 2008, tlhare was a revealing h*MalftDisMlftwhlMdmMWofDisWtdNaboirle constructed at Tom Nritle was the primary MW of discumbn. There was tilt or no "Moment between the Disci t and the Tribe and It was &AV the months that renewed that we poelpared the plan review prows whh Me DISM and bagsn owatk more closely with ft Tribe and the City d Palm SOW as we oongnaed to WO an Alternatives. WO lad a nanber of malls gs with the Tube, DWAand MSA during Mat period and on June 9, 20M the Tribe sent a MW to tine Cty pmpoeug that an open channel be on Tribal lands song the wed" rids d Spc Drive. Progress was sow however, but with the Tribe's cooperation we did develop an alignment and Wass -Swan for tits tropwed channel and exhibits shavdng the channel Net at the rams boom previously proposal for on Res inlet (7- submittal) atAcwrto MM, but with Me auht comeeling to proposed c�lurnrutei rid from Ms fusaa waatsry ANuraa project ((now called Eagle Canyon) and passig under sPC Bogen Tres iMa the Bolt aurae. M tidy �ODd, StaMec prepared an sxhbit ahoaing Me necessary fiMd survey work and prepare the tupognopprequiramenis for this channel ho nwo. A mom" was heat at the Tribal Planing ofiloe on Jeratary t t. 2WO to ciamraa Me mapping sod �rn n requiraents for the channel. A draft Memanim um d tlndsrstardlrg (MOIL) was prepared by Daly Walls for the Trba and aahr~ to Me Ciy. IRP el Portal Associates, and Stantec for review on March 1, 2W& Due to the lack dory iaMr pmgrm with ft Tuft however, the daafgn work sow awe fa a sfanislhL n August was with 2008, we were adviead Mal Ode Writers had left his position at Trig Planning and that the TAX drawing he of la stow the channel oonatmcdon on Tribal tends. Corauaeney, IRP EI Portal Aseookdes eakad tar Increased aaeistwm km Shudw to hook for an am It sogr0on to the drettage Probreea On January a. 2007, Marcus Fuller of the City of Pain Springs Inued an emit Indicating that the atom drain chain Oft t was being `re- ' On March 21, 2DO7, we met with the Disiot again io rarna up wilh a vlaWa aduhon for the project Stantee vas then Instructed by IRP El Portal Associates to prepare prellmtnary Pia ASAP anti 6lrhrnR Mom b tlN [uslnaf for reuisw. Thor reghMsfed mtorhltiei was recce on April D. 2007. On May 16. 2007 we received pan cheek com mants ken the Dlatric, and I sWWW a nuaYng with the District on June 12, 2007 to discuss throe comments, Although very deviled fora preliminary revlew, the DlabbyS COMM Ms formed a good cat of design odM to for the preparation of the final construction plane. IRP rJ Portal Associates hawaver. was reluctant to slow Btsntac to proceed wgh the final plan preparallm th.1PRQ1ECitt@aMat100lWoC{Zeo oOaYtr 84rYo4_Taa+ItFiPlaWa7maae 21 90affto July is. 200 Mr. Andrew Sands. Managing Partner Page 3 of 3 ROMAM: South Palm Caay4h Channel and Acamo Drive Storm Drain Design, Tract 30060 unlit we were sure that The District and City would both support the proposed design. Stantec was eventually 8rhMd to proceed with the final design and the Construction plane were submitted to fire District for review on December 21. 2007. On January 9, 20M Marcus Falter (City) requested Ihat Stantec use prepare Technical Spac{9cafien and an Engineer's Opinion of the Estimated Construction Cost for the project for use In bidding out one comdrudlon of the project. The requested documents and a set of progress plane were suhmfitad to the Cgy and to the iRP L9 Portal Assndstes on April9, 200a. The submitted documents were not wifhout additional design changes and delays. In order forthe Distinct to approve the design, the RCB's height had to be adjusted to meal District malnteneree requlri merits 'this in Turn resulted In a vertical realignment of SPC Drive and the relocation of the 30' and 10" Desert Water Agency Ines. OfNarent options, Including smaller, wider RCBs with access from the top were suggested but not approved try tha fYetrk:t The currant dean, Ike the P Submiltal of 2004, has the food control channel on the &ad" side, but there are significant design differences. Based on Comments received from the District and from the City the open portion of the chermel is shorter in length now anti has a straight alignment and a fully dprap4mad trapezoidal section, aegkming at the tract entrance road the channel Is a buried RGB structure that extends upstream to the Inlet on the wealledy aide of On Drive. The Interior height of The RCB's has been Increased to six (0) feet to softly Disiriet moi ntenarem requirements; accordgng to DWA. this will require a costly relocation of Interfering portions of The waterines In &PC Drive and in Bogen Trail. Maintenance access to the RCS's and open channel remains a design issue with the DIWIcl, but there is insufficient space available to give them all of the access that they wonL The alignment of the Acenk; Drive Storm Drain remains relatively unchanged, however, the profile of the pipe has bean modined to achieve a minimum slope of one (1) percent, and one pipe material has been changed to a concrete arch aeetion so as to allow the necessary earth rover over the pipe without major changes In the existing grading of the area. At the moment efler several rounds with the DWAd and the cry, some additional wok on The plans will sip be requled in order to secure District and Cry approval of The plans for construction of the project Change Orden To data, fourteen (14) change orders have been processed Through IRP El Poftaf Associates in order to cover the Charles In the design direction that have been dasaibed above. Additional funding will be required by Stanteo to complete the construction plans and to prepare and proem a LOMR Through FEMA for fhe final design If these radlities are to be constructed Please lotus know what your earliest oornveuent time to meet Is tit That we can ou0ine the additional services required for Steniec to complete your project If you have any questions in regards to the Information provided in this letter, please rat me know. Sincerely, STANTEC CONSULTING INC. William E. Lawson, PE Senior Project Manager, Environment TO. (see) 223-9173 Fax (940) 923-8077 c. Joe Long Kevin Brandt V%PRO"Tan204016aatdociMeoreAr,5umse Te NLIRP_200ae716Aao 22 ATTACHMENT AMENDED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 30050 z3 EXHIBIT A TTM 30050 and Case No. 50899 - PD-271 Northeast corner of South Palm Canyon Drive and Acanto Drive June 19, 2002 Amended by Council July 9, 2009 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, 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. PLANNING 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 Specific Plan Amendments, TTM 30050 Case No. 5.0899 - PD-271. 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 judgement or failure to appeal, shall not cause. a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, 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 24 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. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 5. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. 6a. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 6b. The property development standards for this project shall be Section 92.01.00, R-1-B Zone, except for the modifications to minimum lot size, lot depth, lot width, front and side front setbacks, and detached garages. Front and side front setbacks for the residences and detached garages will be considered at 10 to 15 feet and 20 to 25 feet, respectively, pending submittal of final development plans. 7. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit: Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Final landscape plans shall include the entire street right-of-way landscaped areas. The project shall be responsible for installation and maintenance of all landscaped areas within the right-of-way and easement area. 8. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code. Therefore, a fee of $1,250.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 9. 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. 10. _ All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 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 25 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. 11. 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 and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property including the equestrian easement and landscaping within right-of-way in a good condition and in accordance with all ordinances. 12. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attomey. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. 13. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 14. 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. 15. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 16. The street address numbering/lettering shall not exceed eight inches in height. 17. Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 18. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 19.. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 20. Texture, materials, and colors to be used on the proposed fences and walls shall be submitted for review and approval prior to issuance of building permits. 21. Vehicles associated with the construction of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 22. 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 Engineering specifications. 26 23. 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. 24. Trash cans shall be screened from view and kept within fifty (50) feet of the street. 25. The applicant shall dedicate a 30' easement and construct a 15' wide equestrian trail between the property line and Lots 27 to 35. Design and details shall be submitted with the final Planned Development plans. The equestrian trail shall be separated from the sidewalk and Lots 27 to 35. A minimum 15' decomposed granite trail, landscape, fencing and signing shall be provided. If SP-1 is amended, and a trail is no longer required, the Planning Commission may delete this condition at Final PD stage. 26. Final development plans shall be prepared in accordance with the Mitigation Monitoring Program for Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan/EIR. Prior to approval of the Final PD and Final Tract Map, a comprehensive mitigation monitoring report consistent with the Monitoring Program shall be prepared and approved by the Director of Planning and Zoning. The City shall be reimbursed for the cost of preparation and/or review of said report. Refer to City Council Resolution No. 17598 certifying the Final EIR for the Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Plan for specific details. All mitigation measures, where applicable, shall be adopted as conditions of approval. The following measures are hi -lighted for convenience: a. Prior to final project acceptance including approval of the final map or planned development district, the City shall establish a formula for the applicant's payment of their "fair share" of the costs of the matters listed below, and applicant shall pay fees pursuant to the formula or post such security as the City Attorney shall determine is appropriate. The fair share formulas shall be based on data developed by City or its consultants to determine the applicant's proportionate responsibility for providing the specified public improvements, and for producing affordable housing, based upon the benefits received by the project and/or impacts caused by the project. The costs shall include not only construction costs, but also design, engineering and other similar costs, as well as City administrative costs including the costs of developing the fair -share formula. Fair -share formulas shall be developed for the following matters: Funding of site acquisition and construction of a fire station providing adequate fire protection services to the project site and vicinity. il) Funding of site acquisition and construction of affordable housing meeting the goals of the City's Housing Element. See Section 5-10 (5-184) Jobs and Housing for specific mitigation measures. 27 , iii) Funding of construction of off -site roadway improvements and signals as shown in Table 5.14 of the Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan Final Environmental Impact Report. b. Appropriate removal and recompaction of surface soils in areas to support structures will mitigate potential settlements. Building sites planned within the alluvial areas shall be evaluated by the soil engineer for settlement potential during detailed geotechnical studies for design of structures, with respect to the specifics of proposed structure locations, soil conditions, foundation loads, etc. A final soils report shall be submitted with the detailed development plans (grading and structural) for the project. C. All outdoor lighting constructed on the project site shall be directed at the ground to prevent unnatural lighting from interfering with the activity of nocturnal animals that live in the surrounding natural areas. Exceptions to this condition shall be limited to accent landscape and architectural lighting. All lighting which directly illuminates hillsides and wash areas shall be prohibited. This condition shall be included in the CC&R's. d. The applicant and the building contractor shall halt grading or any other construction activity in the immediate vicinity immediately if archaeological resources are uncovered during grading. The applicant and/or contractor shall notify the City and Tribal Council in writing and shall summon a qualified archaeologist to determine the significance of uncovered archaeological resources and appropriate mitigation measures. e. Due to the historical sensitivity of the area, a tribal representative and/or a qualified archaeologist monitor shall_ be present during all rough grading operations. A written report shall be provided to the City outlining the nature of any resources found on -site, disposition, etc. At the end of construction a written report shall be provided summarizing resources found (if any) and if any additional work is needed. POLICE DEPARTMENT: Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: FIRE: Prior to any construction on -site, all appropriate permits must be secured. Fire Department Access: Provide detail on the entry median and entry gate area. A 20 foot unobstructed width is required, including gate openings. 2. Mandatory Fire Sprinklers: Project is beyond a 5-minute response time from closest fire station. All buildings, regardless of size, require an automatic fire sprinkler system. (1003.2.1 CFC) 28 3. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes (Or combinations thereof located as directed by the fire department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) 4. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except ground cover plantings. 5. Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 6. Fire hydrant systems: Following fire department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (901.2.2.2 CFC) Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC). Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. Secondary Emergency Access: The emergency access area shown at the south- west corner of the project (west of Lot 35) must meet the same requirements as an access road in condition #7 above. ENGINEERING: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: STREETS Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: V A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing- dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. PALM CANYON DRIVE SOUTH The following conditions of approval which refer to the pavement width shall be revised, IF necessary, to agree with the focused traffic study as approved by the City Engineer. 3. Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage. A Aogu 'r width additional right of 10 feet on the west side of the section l alone the entire frontage for a total Fight of way width of 54 feet 5. Construct a 12 inch wide mow strip, 20 feet EAST of centerline from Acanto Drive to the north tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE and at the NORTHEAST AND SOUTHEAST corners of the intersection of PALM CANYON DRIVE SOUTH and STREET 'D" per City of Palm Springs Standard Drawing No. 200 and 206. 6. Construct both halves of a 6 foot wide cross gutter at the intersection of PALM CANYON DRIVE SOUTH and STREET "D" with a flow line parallel with and 20 feet EAST of the centerline of PALM CANYON DRIVE SOUTH in accordance. with City of Palm Springs Standard Drawing No. 200 and 206. sew•_ = We stem' skar.r.al r igtegagga roadway the a-Vtt a fan! -4 the Pathway ;"tea be s <' 9 inch thick granite Gernpasted to 0 ever 24 Ratb.fe sail GompaGted to 901%, tartan hlaok nog al meeting the a gr•vcJ. cf t6s City Engineer and D'r,eGtOF of' Planning and Construct a 15 feet wide meanderina equestrian/pedestrian trail along the entire frontaoe constructed with 6 inch thick decomposed granite compacted to 90% over 24 inches native soils compacted to 90%. tartan block. or eaual. meetino the approval of the Citv Enaineer. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed mow strip to 10 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils 30 Engineer and submitted to the City Engineer for approval. A redwood header shall be installed along the west edge of pavement. 8a. All improvements on South Palm Canvon Drive shall be completed within six (6) months of Citv approval of the revised Subdivision Improvement Aqreement. ACANTO DRIVE 9. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, 3 feet NORTH of sectionlcenterline and 32 feet NORTH of section/centerline (distance measured from back of wedge curb on south side to flow line of wedge curb on north side) respectively, from South Palm Canyon Drive to the east tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE per City of Palm Springs Standard Drawing No. 200 and 206. 11. Construct a 15 foot wide meandering equestrian/pedestrian trail along the entire frontage with 6 inch thick decomposed granite compacted to 90% over 24 inches native soil compacted to 90%, OR equal, meeting the approval of the City Engineer and Director of Planning and Building. Construct a redwood header on both sides of the trail along its entire length. 12. Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage via the tract map. 13. Construct ac pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to proposed gutter along the entire frontage in accordance with modified City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 13a. All improvements on Acanto Drive shall be completed within six (6) months of Citv approval of the revised Subdivision Improvement Aareement. PRIVATE STREETS 14. The following traffic calming devices, OR equal, (the final configuration to be approved by the City Engineer) shall be incorporated into the on -site streets: Narrowed pavement 'chokers' shall be provided at one location on Street "A", one location on Street "C", one location on Street "D", and one location on Street "E", as approved by the City Engineer. Chokers shall be designed with a transition using 25 foot reverse curves and a 40 to 80 foot long, 20 foot wide (10 31 feet each side of centerline} narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. The proposed chokers at the east and west ends of Street "D" can be constructed but are not a requirement of these conditions of approval. If they are part of the street improvements, the approval of the City Engineer will be required for the design of same. 15a. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 16.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersection of Street "A" with Street "C" and "D" and at the intersection of Street "D" with Street "B" per City of Palm Springs Standard Drawing No. 200 and 206. Parking shall be allowed on both sides of the street if all buildings are sprinklered and if the parking lanes are clearly marked leaving a clear 20-foot wide vehicular path to satisfy Uniform Fire Code standards. It shall be the responsibility of the Homeowners Association to maintain the delineation and provide signs for the life of the project. Final street design shall be subject to final approval of the Fire Chief, City Engineer, and Director of Planning and Building. 15b. In the event 15A above cannot be implemented, the project shall comply with the following condition: Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 18.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersections of Street "A" with Street "C" and "D" and at the intersection of Street "D" with Street "B"per City of Palm Springs Standard Drawing No. 200 and 206. 16. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "A" with Streets "C" and "D" with a flow line parallel with and 16.5 feet East of the centerline of Street "A" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 17. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "B" with Street "D" with a flow line parallel with and 16.5 feet West of the centerline of Street "B" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. Construct knuckles at the intersection of Street "A with Street "E" and at the intersection of Street "B" with Streets "C" and "E" in accordance with City of Palm Springs Standard Drawing No. 104. 19. The on -site cul-de-sac shall be constructed in accordance With City of Palm Springs Standard Drawing No. 103, curb portion only. 20. All centerline radii shall be a minimum of 130 feet. 21. Construct minimum 10 wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201. 32 See Condition No. 22 for gated entrance requirements for Main Entries that are proposed to be gated. 22. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum curb cut of 100 feet (from BCR to ECR) for the gated Main Entry. B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security gates shall be a minimum of 20 feet clear width in each direction. E. Provide separate lane of ingress for residents. SANITARY SEWER 22. The on -site sewer mains will be maintained by the HOA. Provision for this shall be addressed in the CC & Rs. 23. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. 24. Developer shall construct an 8 inch sewer main across all PRIVATE STREET frontages, through the proposed 20 foot wide drainage/sewer easement adjacent to the southwest property line of Lot 9 OR the northeast property line of Lot 8 and through the existing 30 foot wide utility easement to the existing manhole south of the Palm Canyon Drive South and Bogert Trail intersection in accordance with the Master Plan of Sewers and connect to the existing sewer system. The 20 foot wide drainage/sewer easement shall be located entirely within Lot 8 or Lot 9. 25. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. 26. The project is subject to a sewer assessment fee of $146.19 per lot for construction of the 15" sewer main in Avenida Granada, Calle Palo Fierro and 33 Laverne Way. The fee shall be paid prior to issuance of a building permit for individual lots. GRADING 27. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 28. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: E. Copy of Planning Department comments regarding the grading plan. F. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 30. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 31. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 32. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A 34 copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 33. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 34. 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 import or 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE o:: TraGtl2913'^.PN 912 2L'2 90 . 36. The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure (if available). On -site retention/detention or other facilities approved by the City Engineer shall be required if off -site drainage structures are unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage structures (if any exist), and to determine required stromwater runoff mitigation measures for this project. 37. A portion of this property (a portion or all of Lots 2 thru 10, and 13 and Lots A and B) is in Federal Insurance Ratg Map (FIRM) zone A and shall conform to all of the FEMA and City of Palm Springs Flood Hazard Ordinance requirements for this zone. 38A. T l3pnr c."..�1design and Gens st :^tea— ir13' ass a p37tt19^ of AIN 626 n3n_nn4 mstent with RGFQ Standafd^-, x_ appr ease.-9.-tr tkY 319w for the sens#UrAien of flood 35 sc^trsl =a :�cr IN.-. that arss ^f !mod mere -------------- 01,22 __ Wet i t d.PAS. 38C. The deVOIGPeF shall enteF inte a Geepefatiye aqFeeFAefAA,&h dt•e 38D, DOYSIOPeF Shall senatFuGt a 15 feet iNide aGGess read along the eastedy side 9 the drainage ehannel aInns the wast trend boundary div alse_ be ed ag pedestrar trci! jr, .. marr _ Git;• Er'g;.nV_V; _Isar, 6.9 nd obst •eted assess to the d.einane of a re.difigate _f rnxWan . or I of Gempletion. This property is located within a special flood hazard area (SFHA). and is subject to the provisions of Chapter 8.68 et. sea. ("Flood Damage Prevention") of the Palm Springs Municipal Code, and applicable state and federal laws and requiations. Svecifically. this cropertv is located within a designated SFHA identified by Zone A (Base Flood Elevation undetermined) as shown on the current Federal 36 Insurance Rate Map (FIRM) for the Citv of Palm Sprinas. California, Riverside Countv. Communitv Panel Number 06065C 1568G. dated Auaust 28, 2008. The applicant shall comply with all applicable local, state and federal laws and regulations associated with development occurring within a SFHA. 39a. Applicant shall provide the Buildina Department with the elevation of the lowest floor (including basement). The elevation certification shall be done. on a form acceptable to FEMA, by a reaistered professional civil engineer or survevor. 39b. In accordance with Chapter 8.68.140(A)5 and Chapter 8.68.140(D)2(b) of the Palm Sprinas Municipal Code and 44 CFR 60.3(d)(4). the applicant shall be required to submit an application to the Federal Emeraencv Manaaement Aaencv (FEMA) for FEMA's issuance of a Letter of Map Revision (LOMR). A complete application for the LOMR. includina all appropriate technical studies and hvdraulic analvses, record drawings ("as-builts"). topographic survevina. and pavment of reauired FEMA application fees. shall be submitted and approved by FEMA, prior to issuance of a buildina permit. A bulldina hermit for construction of anv bulldina on this Poverty currently located within a soecial flood hazard area will not be issued until the City receives final annroval of the annlicant's LOMR annlication to FEMA by evidence of a LOMR issued by FEMA. GENERAL 40. Any utility cuts in the existing off -site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 41. All existing and proposed utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. Within six (6) months of Citv approval of the revised Subdivision Improvement Aareement. the applicant shall pav all utilitv underaroundina fees to Southern California Edison (SCE) as may be necessary to schedule utilitv underaroundina., and the applicant shall cause to be constructed all underground utilitv infrastructure (i.e. conduit and vaults) necessary to relocate the existing above around utilities into an underaround system. Evidence from SCE and other utilitv companies of intent to relocate existina above around utilities shall be provided to the Citv Enaineer. 42. 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. The approved original grading/street plans shall be as -built and returned to the 37 City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 43. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 44. 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 93.02.00, D. 45. 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 Engineering specifications. MAP 46. The 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 Parcel Map or Final Map to the Engineering Department. 47. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 48. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above -ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE SOUTH and ACANTO DRIVE frontages of the subject property. 49. Install a 4-way stop sign at the intersection of Street "A" and Street "D". Install a stop sign for vehicles egressing at Palm Canyon Drive South. Install a stop sign for vehicles entering Street "B" at Street "D". Install a stop sign for vehicles entering Street "A" at Street "C". 50. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the PALM CANYON DRIVE SOUTH AND ACANTO DRIVE frontages prior to issuance of a Certificate of Occupancy. 51. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. RE 52. 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. 53. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. 39 ATTACHMENT 2 40 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY CITY OF PALM SPRINGS CITY CLERK AND WHEN RECORDED MAIL TO. I R A Exam: 1st City of Palm Springs Attn: City Clerk Box 2743 Palm Springs, CA 92263 SIZE NCOR SMF NCHG FOR RECORDER'S USE ONLY R 16-17 NO DOCUMENTARY STAMPS NEEDED APN: 512-290-041 T.R.A.: 011-068 QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, whereas the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("GRANTOR" herein), does hereby remise, release and quitclaim to Alta Neighborhood Association, a California Non-profit Mutual Benefit Corporation, ("GRANTEE" herein), all of its right, title, and interest in an easement for flood control and drainage purposes, over and across the real property in the City of Palm Springs, County of Riverside, State of California, as established by that certain "GRANT OF EASEMENT" recorded on August 9, 2004, as Document #2004-0619539, official records of Riverside County attached hereto as "Exhibit 1 ", and made a part hereto. DATED: CITY OF PALM SPRINGS, a California charter city and municipal corporation By: David H. Ready, City Manager APPROVED AS TO FORM: In Doug Holland, City Attorney ATTEST: James Thompson, City Clerk 41 EXHIBIT 66V GRANT OF EASEMENT, RECORDED AS DOCUMENT NO. 2004-0619539 ON AUGUST 9, 2004, TO BE QUITCLAIMED PURSUANT TO THIS DOCUMENT FOLLOWS THIS PAGE. 42 Recording Requested by and After Rewrdmg Rentm to. City Clerk City of Palm Springs Box 2743 Palm Snnngs. CA 22 Pu;sumnt to Government File No. R-04 - 029 DOC se 0004-0619!SZS 08/09/2004 08:00fi Fee:NC Page i of 8 Recorded in Official Records County of Riverside Gary L. Ursa Assessor, County Clerk 8 Recorder lIIIII illliilllllllllIIIiIIiIIIIIIIIIiIIIiII_IIIIIII! M 5 p Rqt!- I si1E on pcop 1 nocOR SW Wsc - A R ! LON. i RF-UNo I KHO 6103, this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply. NO DOCUMENTARY STAMPS NEEDED,% GRANT OF EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, IRP El Portal Associates, LLC, a Delaware limited liability company, GRANTOR, hereby grants to the City of Palm Springs, a Municipal Corporation, GRANTEE, an easement for flood control and drainage purposes, over and across the real property in the City of Palm Springs, County of Riverside, State of California, described as follows: Being overthe land described in Exhibit "A' and shown on Exhibit "B" attached hereto and made apart hereof. Date: ( ;i !/i: ���, ?O&q IRP El Portal Associates, LLC, a Delaware limited liability company By: Newport - El Portal, LLC, a California limited liability company, its Manager and Member By: Newport Coast Capital Management, LLC, a California limited liability company, its Manager By 5ignanre (f By Frank: Eder. President Printed Nome and Tide By: HU El Portal Member, -L a Delaware limited liability company, its Member By Signah�e Y p By Andr Jldte, Senior Vice President J16ind Name and Tide 43 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On Auoust 3. 2004 before me, Silvia Bonilla, Notary Public . personally appeared Andrew J. White. personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. S VIA BONILLA, Notary Public ----------------___,.---------------•--OPTIONAL---------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this torn to other document. Description of Attached Document Title or Type of Document: GRANT OF EASEMENT Document Date: July 29, 2004 Capacity(ies) Claimed by Signer(s) Signer's Name: Andrew J. White ❑ Individual X Corporate Officer Title(s): Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: IRP El Portal Member MEMBER. LLC, a Delaware limited liability comoanv, its Member Number of Pages: Five (5) III II lllll! 110 11111111IINII 111111111111 l 1111111 o8®R2 of eat a� 0�R 4 Under the provisions of Government Code 27361.7, I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary : chi I -VIA- Sc,rvs i UA-' Commission #: l Z v s `I W �I Place of Execution :I of AV45,P'L es OCJVN�r .Date Commission Expires: l kCo-042'4e .. 2 i,f 2-o ol- Date : p[Uy-�k- c� / 2,00 �{ Signature : uW�. v� �l vit�'J + I �IIIIl�IIf IIII I� I �l�ll II�III IIIIII III 11111 INI 1111 08 2�� 2D©I 68?0ER 45 ALL-PURPOSE ACKNOWLEDGWNT County of d� yO/�l h On , i A1�'Z.�'j T�t>ra f before me, " Wit(/'W'../ <.. Dale , _ (' ,Name, Tine of Offi er personal y appeared c\ _le illj"LJ2� NAME(S) OF SIGNER(S) risonally known to me - OR - is �e subscri d to the within instrument and the same it his/ Oaidr authorized capacity( the Wtrumen he person(r) or the entity upon the instrument. W.a ss7y hand and official seal. 4 Signature of Notary be the and that whose name(51 on CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) �<CORPORATE OFFICERSS) TITLF,(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBI.NG WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER IJCHRISIINA R. KELLY SIGNER IS REPRESENTING: Commission- allforr F7 - Notary Public CalRdm a �s Riverside County a4 �. �'% (v�Cantrl-ixpica.l�tTl A`VENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this cerfflicate to unauthorized document. THIS CERTIFICATE Title or Type of Document Mi1NT BE ATTACHED TOTHE DOCUMENT Number of Pages D-612WBED AT RIGBT. I Signer(s) Other Than Named Above /f n l7n DATE of llOCl ENT U_.t<4G, c„'zcrvC 1IIIIIIII1IIIIIII'I1I1IIIIII11111 Ili11111till1111 °a�°0aooa gs��aH 46 Under the provisions of Government Code 27361.7, I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: r, G Vzt,&+( I\) it�- f- • _ L �5 - i' Conunission # : (25sls%p - - Place of Execution: 2kU&;z-Llt0a L Ou"-T Date Commission Expires : , U, iuAll 22. , 2ct)5 Date ; A vugA- `2,oc4 - Signature �IIIIN���lIIIII NIN N Pill Ill HillIIIIIIII a��95�'Bs3oaFl 47 EXIIIBIT "A" GRANT OF EASEMENT LEGAL DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE MERIDIAN, LYING NORTHWESTERLY OF THE NORTHWESTERLY LINE OF LOTS 7 AND 8 OF TRACT 12848, AS SHOWN BY MAP ON FILE IN BOOK 124, PAGES 1,2,3 AND 4, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. SAID PROPERTY IS ALSO SHOWN ON THE MAP OF SAID TRACT 12848 AS "FLOODWAY" IIIk IIIIII IIIII I II IIIII I III IIIIII III IIIII III IN s0 c �81e$ 3sr 4 8 EXHIBIT "B" PERDIDO DRIVE NB9'35'057 Section 35, Bogert Trail Flood Retention Basin APN 512-292-001 0P CITY OF PALM SPRINGS *� PUBLIC WORKS & ENGINEERING (k lld�� DEPARTMENT LEGAL DASCRIPTION: DESIGN BY: SCALE: JRM 1" = 100' CHECKS) BY: W.O. p I I IIII II II G3 20994 jeOF7 of SEE EXHIBIT "A" I IIII II III I Ifl II I III II Illll LINE DATA Q IIjI DELTA I LENGTH Ij RADIUS I f Q l 9G'00'00" i 31.42' I 20.00' I (0 190'00'00" 31.42' li 20.00' I 43"39'58' I 209,58' I 275.00' I 17439'02" I 23.45' I 18.00' 02" I 222.22I 50.00' GRANT OF EASEMENT RENG.: R-04-029 SHEET NO.: 1 OF 1 4q 1I Uu PALM L ;O RN\ City ®f Palm Springs Office of the City- Clerk 3200 Tahgnia C,nwm Way ^ Palm Springs, California 92262 TEL f7(0) 323-5'_04 • FAX (760) 322-8332 • TDD, (760) x64-9527 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the Interest in real property conveyed by dated: August 5, 2004 from, GRANT OF EASEMENT, R-04-029 IRP El Portal Associates, 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 5`" day of August 2004, pursuant to authority granted by the City Council of said City, by Resolution No. 20255 made on the 161h 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 5°i day of August 2004. i� 4ATIC61AA. SANDERS City Clerk (seal) Rev. 1103 IIIIIlhllICIII IICI IIIIII IIII III ICIIII' Of''09 0f.0 :'GOR 50 Post Office Box 2743 0 Palm Springs, California 92263-2743 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY CITY OF PALM SPRINGS CITY CLERK AND WHEN RECORDED MAIL TO. City of Palm Springs Attn: City Clerk Box 2743 Palm Springs, CA 92263 S R 16-17 APN: 512-290-041 T. R.A.: 011-068 2016-0482916 11/01/2016 12:33 PM Fee: $ 0.00 Page 1 of 14 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder 11 ' RM`l IlvhwWWI111 _ Jfl9 R A Exam: r� p�?' Page DA PCOR Mlsc Long RFD 1st Pg Adtl Pg Cert cc SIZE I NCOR SMFIfNCHG T� Zr Jf� QUITCLAIM OF EASEMENT DEED For valuable consideration the receipt of which is hereby acknowledged, the City of Palm Springs, a California Charter City, ("GRANTOR" herein), does hereby convey, transfer, remise, release, and forever quitclaims to Alta Neighborhood Association, a California Non -Profit Mutual Benefit Corporation, ("GRANTEE" herein), its successors and assigns, all of its right, title, and interest in that certain easement in the City of Palm Springs, County of Riverside, State of California, entitled "Grant of Easement" recorded on August 9, 2004, as Document #2004-0619539, official records of Riverside County, State of California, attached hereto as "Exhibit 1" and made a part of this Quitclaim of Easement Deed. This deed is made under the authority of and approved by the City Council of the City of Palm Springs on October 5, 2016. IN WITNESS WHEREOF, City of Palm Springs, a California Charter City, by its City Council, has caused this Quitclaim of Easement Deed to be executed on its behalf, by its City Manager. This 14oday of October, 2016 CITY OF PALM SPRINGS, a California Charter City ATTEST: By, David H. Ready, City Manager / James Thompson, City Clerk APPROVED A FORM2� (// `�� APPROVED BY CITY COUNCIL DouglaVC. Holland, City Attorney A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On October 24, 2016, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 24th day of October, 2016. Signature: '111. ' /JAMES THOMPSON, CITY CLERK !/City of Palm Springs, California Title or Type of Document QUITCLAIM EASEMENT DEED Alta Neighborhood Association V V R CHC�4�ORPt 4</FORN� EXHIBIT 991" GRANT OF EASEMENT, RECORDED AS DOCUMENT NO. 2004-0619539 ON AUGUST 9, 2004, TO BE QUITCLAIMED PURSUANT TO THIS DOCUMENT FOLLOWS THIS PAGE. 4 DOC a 2004-0019559 08/09/2004 08;00A Fee:NC Page 1 of 8 Recorded in OfficAal Records County of Riverside Gary L. 0rso Assessor, Coun(jtyll EEClerk &ff !Recorder ii Recording Requmted by and III �Ifll� �III� IIII �II�I flllll ����I III III�I III III After Recording - - - ReRirp [0M i s U �I aaos size oA vccR i nacoa 31,� us; City Clerk Cityof Palm Springs Box 2743 Palsy Spans, CA 92263 I _ _ _ _ - _ _ _ - I ww i torn a—ti I ncrc xnm Pursuant to Government Code Section 6103, this docurner-t is bejcg recorded as a benefit to the City of Palm Springs and recording fees shall not apply File No. R-04-029 GRANT OF EASEMENT NO DOCUMENTARY STAMPS NEEDED For a valuable consideration, receipt of which is hereby acknowledged, IRP El Portal Associates, LLC, a Delaware limited liability company, GRANTOR, hereby grants to the City of Palm Springs, a Municipal Corporation, GRANTEE, an easement for flood control and drainage purposes, over and across the real property in tic City of Palm Springs, County of Riverside, State of California, described as follows: Beizig over the land described in Exhibit "A° and shown on Exhibit "B" attached hereto and made a part hereof. Date i >r!/i,r, ��, . G'OL� IRP El Portal Associates. LLC, a Delaware limited liability company By: Newport - El Portal, LLC, a California limited liability company, its Manager and Member By_ Newpott Coast Capital Management, LLC, a California limited liability company, its Manager By SignaNre ��/� By Frank Eder. President Pnn ed Name and Tide By: MY El Portal Member., LL a Delaware limited liability company, its Member By SiEnaLe /a� ,, By Andrew4hite. Senior Vice President Prjm¢d Name and Tide CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On Auaust 3. 2004 before me, Silvia Bonilla, Notary Public , personally appeared Andrew J. White, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name Is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. jSVIA BONILLA, Notary Public x �W �.LLA '•�^•'i ' IWYCCV7NfS5¢]fti!1 V;47Ci!J,iialar ---------- — - --- -..—�-- -- -OPTIONAL---------- ----- - ------ - - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to other document. Description of Attached Document Title or Type of Document: GRANT OF EASEMENT Document Date: July 29. 2004 Number of Pages: Five (5) Capacity(ies) Claimed by Signer(s) Signer's Name: Andrew J. White ❑ Individual X Corporate Officer Title(s): Vice President Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: iRP El Portal Member MEMBER. LLC. a Delaware limited liabilitv comoanv, its Member I11111 IIIIII Illl11111IIII! Illlll1111111111 Hill 11111111 08�°02a5`0 of 9� Under the provisions of Government Code 27361.7, I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows; dame of Notary : '�i i _Vi A- i UA— Commission Place of Execution : �,1�'S v �s coyNN Date Commission Fxpires : (a? CUB ,�— 2-1 20 01- Date : kUSZ3- 0- ` / 200 �h Signature : { -!` JI- IIIIIIIIIIIIIiIIIIIIIIII IIIIIlIII! IIIIIIII II IIII �� CQ�/2 04188?0cF ALL-PURPOSE ACKNOWLEDGMENT S1aie of T Courtly of On •l!; lX s�ll�Z .* 7.fi.)r before me, °, ,}�jiLi�G.'�''✓ � �� lh"`> JS Date ,/ ,Name, Title of Oftiecr j personalty appeared c. ;s'7_tlii'L.-?-/ • / , NA-ME(S) OF SIGNER(S) J J C�,persoually known to me - OR - ❑_ yt•oved-tF-me-enihe-l�a;��sati5fastosy-cuuieuae w be ttae pexsons(� whose name(5'J is �iesubscrt Gd to the within ius[mmen[ and a-knowledged to me chat to sht`•'t�ey executed dre same itt�slc/U� authorized capacity), and that by � r/dtcit signatures) on the instrrmen the persan(s) or the entity upon half of�ic s � CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) CORPORATE OFFICERS)' F��,ssLLi; ci TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBI.NG WITNESS ❑ GUARDIANl CONSERVATOR ❑ OTHER the instrument. CHRISIINA R. KELLY SiGIVER IS REPRESENTING: ��im ss�py hand and offici�al se//al. � � /, Signature of Notary u t� Commission R 12AA59! ¢ .,�,:;`� � - Notaryy Puitlic - CalNan t7 ;:M ,s'1 kiverside County .'�•=�. AtyCa7an.6¢:ia l�t222A5� — A`ITENUON NOTARY: Altbough the information requested below is OPTIONAL, it could prevent fraudulent attachmeat of this certificate to unauthorized document. / T"S CERTIFICATE Title or Type of Document A LNT BE ATTACHED TUTHE DOCUMENT Number of Pages DATE of DOCCNIENT_ D13CMBED AT RIGHT. Sigtaer(s� Other Than Named Above IIa �i tit err �©40$s a o3a„111111111111111� 11111111111111111111111111111 fa Under the provisions of Crovernment Code 27361.7; I certifv under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary : ( Y7 Sk" l tJ i4— Commission # : [ 2 U Jl�y (-P r _ Place of Execution: 21UZStF { T� �___--_--- Date Commission Expires: A A1'JL 2t[ 22_ 2G�S Date : !• xi -)AA c:; . "2oDet V � Signature:-- �I�II� Il IIII� I� IIIII �II �III�I I� �I�' Ifll I��I 8:: 69 5 �- 1 0 3'09fl E_KIIIBIT "A" GRANT OF EASEMENT LEGAL DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE MERIDIAN, LYING NORTHWESTERLY OF THE NORTHWESTERLY DINE OF LOPS 7 AND 8 OF TRACT 12848, AS SHOWN BY MAP ON FILE IN BOOK 124, PAGES 1,2,3 AND 4, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. SAID PROPERTY IS ALSO SHOWN ON THE MAP OF SAID TRACT 12848 AS "FLOODWAY" 1 IIII II II III i �� IN 1111 Illpl III Hill 1111 ill s0 201 9 3e0A EXHIBIT "B" Ln In N � \ Z \\ Cr z\ 0 Q d � CL � F- O �\ \ 2 PERDIDO DRIVE N89'35'05"E Lvl O LINE DATA 10 ` DtTA LENGTH RADIUS I 0 1go-DO 31.42' I 20.00' 10190ro0'00" 31.42' 1 20.00' 1 10143-39.56- 1 2D9.58' I 275.00' I 1 ® 174'39'02" 1 23.45' 1 18.00' 1 1 ®1 254-39.02- I 222.22' j 50.00' Section 35, Bogert Trail Flood Retention Basin APN 512-292-001 PAG,�A CITY OF PALM SPRINGS GRANT OF EASEMENT PUBLIC WORKS & ENGINEERING DEPARTMENT LEGAL D115SCRRTIGN: DESIGN BY: SCALE: FILE NO.: JRM 1" = 100, R-04-029 SEE EXHIBIT "A" CHECKED 8Y: I W.O. # SHEET N0.: I IIIIII 81 IIIfI IIII IIIIIIIII IIIIII II II 20:A 0F195,3o1 OF 1 3 ©0f e 0Ao 11•o -gvl" City of Palm Springs Office of the City Clerk 3200 Tahgwn. t :aiyen stay - Peh Spnnyrs, CAN,,,.. 92262 TEL C60) 31i,R204 • FAX 160) 311-d;?s • TED h(0) W-9517 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by dated: August 5, 2004 from, GRANT OF EASEMENT, R-04-029 IRP El Portal Associates, 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 5'h day of August 2004, 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 5°i day of August 2004. PATRICIA A. SANDERS City Clerk (seal) Rev. 1/03 IIIIlIIIII IIIII 1111111111I111 III 1111111©� 0 0" g83 �A Post Office Pox 2743 0 Palm Springs, California 92263-2743 R 16-17 APN: 512-290-41 T.R.A.: 011-068 Alta Neighborhood Association, a California Non-profit Mutual Benefit Corporation c/o Desert Management 400 S. Farrell Drive, Suite B210 Palm Springs, CA 92262 Tel: 760-325-4257;Fax: 760-778-6846 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by From, QUITCLAIM DEED City of Palm Springs, a California charter city and municipal corporation Grantor, to Alta Neighborhood Association, a California Non-profit Mutual Benefit Corporation, Grantee, is hereby accepted by the Board of Directors of said Alta Neighborhood Association, pursuant to the authority granted to the Board of Directors of said Alta Neighborhood Association under applicable law and the governing documents for the Association, and the Grantee consents to recordation thereof by the City of Palm Springs. Dated at Palm Springs, California this Aeday of October 2016. Alta Neighbor od Associatin By: Its: I11arr a6,5-f7erx1r/ By: Its: dltRo4✓sc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ss. County of Riverside On /G - 27-A �� before me. Ric[,^ rd W. Martin. Notary Public Date Here Insert Name/and Title of the Officer personally appeared 41C�OL 1'10'-7— ?C,/Q7-Z N Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ignature of Notary Public llipCNICHAND W. MAIITIN Commission A` 1993192 s ommsry sin •199319A Notary Seal NMnlde County My Comm. Expires Nor 2. 20164 Description of Attached Document: Type of Document: o " �i T� ✓ '+�✓i Document Date: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ss. County of Riverside ) On 112 -Z 6-/-, Date personally appeared , before me, Name(s) of Signer(s) Rut.^ rd W. Martin, Notary Po61ie Insert Name and Title of the Officer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islaze subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature/ ature of Notary Public RICHARD W. MARTIN L Commission ♦ 1993192 Not Seal i .i , ^ Notsry Public - Cxblomle i "'J i Riverside County My Comm. Expires Nov 2, 2016 Description of Attached Document: Type of Document: �r/�/G 1� G!- �e-- Document Date: /�/%A��