HomeMy WebLinkAbout7/15/2015 - STAFF REPORTS - 2.J. V �
4 A
"F°a"��. City Council Staff Report
Date: July 15, 2015 CONSENT CALENDAR
Subject: APPROVAL OF TRACT MAP 32736 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH TAHQUITZ 41, LLC, A
DELAWARE LIMITED LIABILITY COMPANY
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Jones, Cahl & Associates, representing Tahquitz 41, LLC, a California limited liability
company, has requested approval of Tract Map 32736 to subdivide a vacant 7.6 acre
parcel into a condominium lot for development of 41 residential condominium units.
Approval of Tract Map 32736 is a ministerial action, as required by the Municipal Code
and the Subdivision Map Act.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 32736 AND AN
ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH TAHQUITZ 41,
LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT
6500 34TH AVENUE, IN SECTION 20, TOWNSHIP 4 SOUTH, RANGE 5 EAST."
STAFF ANALYSIS:
Jones, Cahl & Associates, representing Tahquitz 41 , LLC, a Delaware limited liability
company, (the "Developer'), submitted Tract Map 32736, requesting that the property
located at 6500 34th Avenue, in Section 20, Township 4 South, Range 5 East, be
subdivided into a condominium lot for development of 41 residential condominium units.
The project has been identified as "Vibrante;" a site map is provided below and a
Vicinity Map is included as Attachment 1. A copy of Tract Map 32736 is included as
Attachment 2.
ITEM NO.�._
City Council Staff Report
July 15, 2015 - Page 2
Tract Map 32736 Approval
VON
i
1
Na =
I mm w
j S H" . ■ S® �0 ®�
MM fl
a
4 S Z ..lla. . ■ i■® ®I
,• LP.1.
in
r
a
pp t, f► f
m San =
TM 32736 "Vibrante" Site Map
At its meeting of August 23, 2006, the Planning Commission recommended approval of
Tentative Tract Map 32736, which was subsequently approved by the City Council,
subject to conditions, on October 4, 2006. Pursuant to the conditions, the Developer
offers for dedication to the City of Palm Springs an easement for public utility purposes
with the right of ingress and egress for service and emergency vehicles and personnel
over Lot A, Lot D and Easement A, all shown on Tract Map 32736.
Construction of required public improvements associated with Tract Map 32736 have
not been completed; an engineer's estimate of the cost of the public improvements to
be completed is $2,200,000. In accordance with Section 66462 of the California
Government Code, the Developer requests that the City enter into a Subdivision
Improvement Agreement securing the cost of those improvements not yet completed to
the City's satisfaction. A copy of the Subdivision Improvement Agreement and
associated securities are included as Attachment 3.
The City Engineer has determined that required conditions of approval associated with
Tentative Tract Map 32736 have been satisfied, that Tract Map 32736 is in substantial
conformance with the approved Tentative Tract Map, and that Tract Map 32736 is ready
for City Council approval.
It should be noted that approval of a Tract Map is a ministerial action, and the City
Council cannot condition its approval of the Tract Map; new conditions cannot be
imposed on the project that were not previously identified at the time the Tentative Tract
Map was approved.
02
City Council Staff Report
July 15, 2015 - Page 3
Tract Map 32736 Approval
ENVIRONMENTAL IMPACT:
Tentative Tract Map 32736 was considered a 'Project' pursuant to the California
Environmental Quality Act ("CEQA") Guidelines. The City, acting as Lead Agency
pursuant to CEQA, prepared an Initial Study and Mitigated Negative Declaration for
Tentative Tract Map 32736. On October 4, 2006, the City Council adopted Resolution
No. 21723 adopting the Mitigated Negative Declaration ("MND"). Approval of Tract Map
32736 implements the Project as envisioned by Tentative Tract Map 32736, and is
therefore consistent with the MND previously adopted by the City Council, and no further
action with regard to CEQA is required to approve Tract Map 32736.
FISCAL IMPACT:
Approval of Tract Map 32736 will subdivide the currently vacant parcel into a
condominium lot for construction of 41 residential condominium units. Ultimately, upon
completion of the Project, the City will receive yet to be determined additional property
tax revenue. Additional, incremental costs for public service will be incurred over time.
SUBMITTED
Prepared by: Approved by:
//�r vvl/L Kam+
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Es
Assistant City Manager/City Engineer City Manager
ATTACHMENTS:
1. Vicinity Map
2. Map
3. Subdivision Improvement Agreement
4. Resolution
03
ATTACHMENT 1
04
N
4 oke�ia°'a
Department of Public Works and Engineering We-
ISE
��..•.• Vicinity Map
I
i I
h
i
34THAVE ---DINAHSHOREDR
LU
� I
U
MONTEM0 DR
W
... r
d'F
Legend '_ 1
CITY OF PALM SPRINGS
05
ATTACHMENT 2
06
l£CYYiOL%'STA)PIIBIf
SHEET 1 CF 4 SHEETS
1170 PIT I/AY ry JOIJ a
B.09]ORO55 ACRES IN 6CCN CF MAPS AFPALES A/rHC
z 138 vs ACFEs N THC CITY Cf PALM $''RING$ WOUESi cF IHE CLCI OF TIE CITY C'ILI SPRINGS.
COJNTY OT RIVFRSIDF-, STATE OF CALI-ORNIA CALIFINA
EFF PE/£R AIOANA
TRACT NO. 32736 QLU111 COLWTYICI'R GLERE
Si/EO/NS/UN 6VAHAN RC 9Y'f ,,C.ONA ^-F CCwPnrvv
A PORTION OF THE 7A51 ON-- HA F OF TH- SOU-IT ONE HA F OF
Th-E SOJTI-EAST QUARTER OF -H- SOL'I-IEASI QUAR'LR Of SLCHON 20
TOWNSHIP C SOUTH, RANGE 5 EAST S.E.B.&V.
FOR CONDOMINIUM `HFPGSFS
JOVES, CAHL & ASSOCIAI-S
R_ IT CAHL R.C.E. 2'005
OMT6i$SIATfi1BVT BAYgRSSTATEI@?
PA III SIA/F.1NF ARF IMF ONNfFS OF Tr'C LAID IfICL U9CL.11. IIIMAP WAS PR FPARFB EY MF ON UNBEA MY 11111.A.IS EA SID ISO A FIII
AT
PC YLADEPOOK STOOD HEREIN, THA/MI ARE ME CMY PERSONS MIOSE `UOKY JI OTI'APA ITIC 'MID(HE NI SLYIRCMEN/S I III SJ60(NA I MAP AC/A.
Cw95EN'S IkC6SARY C PASS A CLEAR 91F TO SAID SAND, NA 1'If I Nn .G f r D T PT 1'A.I
NFRCBY COHSC£A r 10 11 NA.I INS RECOPgMC Or IHI$$UBLIYi!M Lti S A A, ALL ST RF OF P ARACTR 0 OCCIRY F FIASIT.ONS
MAP AS SNOXN MIHN MF LNLNCRI£EORCFR UNI: ME NLAEEY O'FtR NO'CA IEO O4 O=CY Iq1 EC SC SJ Po IIILN� ON OR BF CRC 4fMUER $1G15
TAW SILVER➢OM' All TIT SAID MALIAL011S ARE SUFIIGFAF IL CNADL �IC SURKY TO EC RCIRALCO
I ICFE6Y SrAT MAT MI5 TRADI MAP PUB5 ANMLLY CONFIRMS TO/HC IOWDRONALY
/)AN EASEMENT TO AC CITY GF PALM SPRINGS FOR PUB!.IC URLIIY APPROVED 1£NIA/I'R MAP
PURPOSES WM THE SIRIF OF INGRES5 ANO EWE55 FOR 5ERNCE AND
EMERGENCY YLCNIES AND PERSONNEL OVER 401 A COI D AND tAIWN(n. N
2)AN EASEMENT IO DESERT WA TER AGENCY ISO 1CML11D WAICR 1I11.tt CI YL cly 4 Tn
5ERACES INC STIONI5 AND APPURrGUNCES WPT TIC MCLir OF F.C£11.1 � Xp 21005 �
I UDIS"NC EAP65 F+d SERnCE AND EMERGENCY AENrll£S All FxP/ 9.O"Ur 1-11-1 �yQp(Ly M
PERSLM✓EL OVER LOT A.LCT C AID TIC IC UFLVY£ASEIIna
•� alnl
u '
/AISCOT2 AA,ILC,A OELAWARE'L.11 CIAALIT✓CMIPANY
CRY SUYY£TOA'S STATBIFVT
11 l HFREBY SLAT II AI I IIA✓£L MEO THE WMM MAP OF TRACT MAP
FRUIT NAME RTi£ NO .`AA CONS(SDNC Of J SHEE15 BU I ME 1.1111,111..1
1
IS NB57ANSAP E ME SANE AS IT APPEARED DN MC TNA II Z MAP OR
All A'PRO/c0 ALIERATCNS MEPEOT MAT ILL'ROAS'TED OE VIE STATE 5LBMNSoSO MAE 4CT ANO ANY LCCAL CFD(V4NCFS APPLICA&C AT THE I(M£
BY - CF APNO✓A'OF TW 1FNAB'AT MAP NA IT BEEN COMPLIES WN,ADD 1HAJ
PRMT NAMES 111E I AM SA RSIAO:GIRT SAID MAP IS ILJINICALY CORFEL,.
A NCIARY PUBLIC OF OTHER ST'SOP LOAPCTP Ti115
CERMCA I IfRIFIES ONLY MC IC£N IrY Of Mf CA TO MH
INOIYIOUAL AMO SIGVCO ME OOCUMEW TO XH/CH III ITTCCAR 5 ATTACHED.AND
NOI MF IAUPIi ULNES£ gY.
AICIACY ORYAI/NIY OFTAT OGGIMEN I
AtlTAflYACXlptY1£ A6YT b^'CF PUM SPRINGS
Pis 29EI EDAACS J/n/201?
I'AT IF CAWWMA )ss
COON,IF RIITRyCC
QV _ BEFGRC ME O.m.U.6d:SSTATEIIEM
"11111 PUBLIC IS AND III SAD STATE.PCRSCNALLY A"EATIC
PGSO" MOMPS!IN.Jry Ill'TOO 11-11IL/0 ASSESSOR N MC III
KNOW!IS IS(OR PRCVEO TC M£ON THC BILLS OF SA IISIALTCRY EACENCL) l0 COLS(OF IHE CITY OF PAU/SEANCE STAN OF CALIFORNIA,HEREBY 5/A TE
6E ME PCRSONCS)NNCST NA,ME(5)IS ARE SUBSCCID TL ME WM p/N 1NSrRUMI PHA FSAID CITY CWNC¢A IS REGULAR MEE INC ILO CAIDF ME_64Y
ANO ACAMOASICS[D TO ME MAT HE AEY ENE UVC0 IHE SAME IN HISAPERATHEIR 2015,OUT l AFFIECID THE MMIN MAP CF IRA'T MAP NQ II]J6
AUTRHOFrz£O caI T6111).AND MAI BY H/S/HFRIESSES vONAIURE(S)LW ME AND 4TUPOV, AN YPIAof Or Mt POguC IHt OCpLARON a IT,A III D AID
INSTALICY/ME P£PSIN(5), CF ME ENRrY UPON IMALF OF AfiICH THE PERSCN(S; IA2MCrv1'A'I MONIST ANC CL1155 FAD rym NCI 111111 All PERSONNLL
AGIFO FLAHI/FO IK INS/HBM 1
W MESS MY I(AIO -TNLARV£MAP FOR SAID RA'T IAAP NAS APFROYEO RY SIC CITY CLI NCIL
ALAS RECUNR MEETING HELD MI ME(OM DAY Ci OCC£MBER,201A
S'CNA NFC _ __ R(MCPAL PIACL AT NOCNE55
NOTARY PUBLIC IN AND FOR SA/051A Ir I COm IY DATS
--- Mr CCMMSSIQVEYPIRES
(NnMF PRINIEO) BY
A AACTARII ATE W W S OIL THE P rWFL£RNI MIS I:ITY CLfflX Jf/0 fS-pFfIGO ASSCSSpi G III
rGD LFUG D TIL'ONLY ME PIC RTYLI OF ME nn.11TIL a.1 COY OF",I SPRRms
IN(L NOwL MH✓sIGNFO rH;oOCOI TO 1II melH IH6 utRRFlcn/P r5 RIGGED,AND
NDT ME rEII I STAIT
AccuRAcr oR vulnlr IX MAr DawM[rvT
WTM ACXAtlML NT
EUHUNs(CN GUARAND'SY' TkDL';Y NASIAL RD( COMPANY
SIATE CF GL/F'AWIA )53
CCINry OF POr sIE)
ON .erfcRF Mr. NLSRSPMII
A NOTARY PUBLIC IN AND FOR SAID STAR,PERSONALL r APP£ANTO
PERSOIIILLY PURSUANT TO.1..111 CF MC SURCINSIOII NAP ACT A 111LAINAP1 SOILS
.1w r0 Mr(AP 1114£1 II MC IN SC&i5151N"5<.OSIA'124Y EA,CNRY TD REPADI f/r NL. 9]J-<LIJO. NAG PRCPARc9 BY PSI[NL'NEc" ,OA AS MY 110 1001
BE ME PERSON(a)W CSE'AMEET, CEARC SVD5CCLOD TO ME WHIN INSIRVMENI AND OPDA 20 BY PR9ACr NO 51 i119 PREPARES EY SLAXEV CNLINECR/NG.OA LED
IUN ACRNOMFOCT)J/0 MY II HE/SHF/M£Y EXFw ILL ME SAME IHISMER/VIER .UNL 19,101A ANO IS OV fCS YAM MC IrY IT PALM SPRNGS ENpNEERINO DCPARMENT.
(RHfONp&0 CAPACHYFFC,,AND APAT BY HSMER/MaR SICNANRE(s)ON IHE
IN1111.1 ME 111ION(l).AP PC EMIT OPEN.11 OF WNCI ME F RSOI(5)
AC¢o(ICC✓RD ME mSrvOMC11
MANESS Mr HANK' TAX IX%LECTQV3 CEN/19C11]EI
SICNAIURE My PR 1141 PTACC CF 6USINC55 1 DEPLOY CERFCE VIA ACCRGNG FL PC RECTIS Or.MIS LVIKE AS
WTAPI PUBLIC IN AND FOR SAGO S Ali 11 _COUNTY .N NIS OA IE /HERE ARE NO LIENS AGAINST PC PROPERTY Slow ON ME
IT.MAP FAD 1I(14/0 51A 11,COUNTY MU/IILNAE OR LOCAL 1.5 O4
MY COMMISSIONS EN%RES S£CIAL ASSESSM[HM CIXILC I£O n5 A.(ES EYCEPT AYES CR SPEGAL
(NAAI 1I1160, ASS£SSMAITS CIXLECI£0 Ai TAMES NOW A LIFII BUT NOT YET PAYABLE
_8UV.glIRE d,�av STAIEABVT WUCM ARE ESAMATo TC BE
PMRSUANT IS Ssc1AN EguB(p)(J)(A)U).I Mr SUBOMyON MAP Acl
MC SILAWYAWS OF MC'.IS G OWN£PS C EASMEVIS OATEJ: ,2115.
ANOFOR OTHER INTERESTS NAA BEEN LIMITS..AS THEIR
INFMS!CAL.I RIPEN INTO Fri.
I.FASFMP,T FIR AFTER OR BOM POLE OA'C$ CDNOUOS OR UNOCFOROJNO FACOIS BY
AND INLIUENIAI PURPOSES III CCAIPANY IfICT010 OCTOBER AN, IS58 IN IN.11 CWAITY SAX COLLECTOR
IllW 2353.PAGE 517 LF anC("L RFCLWOS
2 EASTMENT FM PIX£LIrvsa .1,11 A.INClCEN4L PURPoSES%AN20 TC
CMIRPIAA ELfCIR f POAER'OVINY ANO CALIITFMA WATER AND TLEPHOW
GCMPANY RFCIAPOFO OCCEMB11 II, 1.2 AS wSTMMFNr ND 61-IINGAI OF
111CO,NECO40S
07
SHFFI 2 CIF 4 SHEETS
9.597 GR-Sl ACPES '1N IHE CITY OF 'ALM S'RINGS
].1 ifl NFI PCRCS
COJNTY C= RIVERSIDF, STATE OF CA_IFORNIA
TRACT NO. 32736
A PORTION OF TH= -AST ONE HA_F OF THE SOUTH ONF NAL- O'=
THE SOUTHEAST QUARTER 07 TIIF SO'JTIIFAST OUARTFR C- SECIICN 20
TOV%USH P 4 SOUTH, RAIn�E 5 _AST S.13.3.&M.
FOR CONDOMINIUM PUR'OSES
JONES, CAHL & ASSOCIATES
R. H. CAHL R.C.E. 21005
I.'d,Il PlAI I't CCMPANq /PVSat m<utR bt0 OF 1RU51 eE60R0£0 I'll AMF .N P/LE,1511111E COUPANC /ROSIEC UNDER 0£BIT CF"IS!RbWOFO
NAPCH" '11111,11 flVMf NI I/11111%OTC-Ill,fl Z Il AlYIAL 1E1Oi05 OAAAAkY 9,TITS A5 IMiRVMEN/NUMBER 2 615-0 0 0 92]A NTF/LIAL 1'1115
Bc _ _ _ BY
I'll r NANe I-E -111,NAMe IPE
Be _ Bn
v,'rNI NavE nnf PRwI NevE MI£
AO TA UNLIC 0.V OTIF ff TDF COMPLEFING IlS A NO/A Y.UB l'0 C IEP C PCER C Lf Wi
11X I S II OC 0 4 CE Tf CAIE 1ER l S IN( TIE IDENTITY 0 ME
INOTOO-L-0-41N ID-1. O W 6 H 5 61--.II,S AI p1NEL, ANO NOI NUVAi INTO 51CN-U 'N!LOCVMFM1I I X TRIS CE I! S AI/AC'➢,All
AO
!E V ILL S LI FYfJLNESS
ALL FAL CH VAL'Jlil l PU p LVMFNI AC,`NIII, 1 1.21 6 MAI LIT1.111
WTARYAOtTYlNLf3XE1B5T /pTARI'ACK/pNLFD09ENT
$nT C(CIPIOAnlA ss s/A/E 1 Le11F0R1u, ,
CWNIY Ci NIKH$lOE ) CWN]Y CF R19ERSDE
ON Bu('E MF, wl IFINIE I
A NOTARY PVBLIL IN AND FOP SAID SIAI£PERSONALLY APPEARED A NOTARY PUBLIC,N AID FOP SAD SLAT[PfRExVALLY fPFZAI
PERSONALLY PFp5OIALLA
xrvo MJ TI MC(CR PROYE➢ IN NE ON ME.11 W s1 PSFAnNNY PnBfNCE) TO .11 l0 Ne('AP PRO I" TO M£WJ ME BA9s OF 51 RVALICR✓ENU£NCFI TO
BEUTPc OGGuiu ML NAMFIS,O/,,t'AB eNcref"r/0 IHt wr.'N INs/RVMervI BE Iv£PE1111(S)NHOSE NA 4E(s)a/ARE 5"BSCRreIT TL MC roIMN MslR WlIr
AA' /5 4' PIT IA.11 ws/Nw/1111 AIT sCINOXYTGE6 TO NF WAY Hf/SN£/IlIC'EYECWED Ni SAME N ms/XER/MC/R
AV/RHOR2E"ACP EAS(((S). OR MAI BY N(5/N BEHALF OFI III,,JS�IP GN IH£ AV/RHMSI, C 'ISSONES, AND TM I BY N TIIfA/MFR 9GNA NRE(B)ON ME
MSIRUN£NT IyE PERSCN(5), OR ENRI✓p➢pV BEHALF OF NNIL1 MF➢fP50N(Sj INSWUM£N/MC PERSOA'(5/,OR ME ENRTv UPON HCX LF OF.11.111110111)
ACTED£AECVIEO ME IN5IPVMEN,_ ACC,EX£COIEO nlc 111 R ENT
N TNFSS MY MAID INM6S MY'TAN,
NAnIR! V111,1 PAL PUCCW 011. SIGNAI"RE MY PR/M"IPAL P 11E BUANEs,
NO TAR✓PUBLIC IN ANO FOP SA/0 STA I£ IN CWNIY NOTARY 11611C IN AND FOR 5A/0 SIZE I GWNIY
(NANO IIINI`0/ MY GONIAIS/ON£YPAPfS NAMC 111111) MY CLNAMIFSON tXVM'LS _
A NOTARY PUBL.0 ON 0 XER S`P R ONPL ONG INS 0 FTYK`C W VI E {]C£ 1CMP(E NG'H5
CER(FICA IE K IFIEI CNL 1Y G IY F TM CF C IE'rE £5 LN' ME OCIv T ,M llE
I.Y,IINOVAL YM"SwNE" THE OOCU 1 TO 0IFT, XS n 1.1 S AT/ACYfO,AIN NO NII.'AL IN FWCO HL 0111 4 O ICI I c ER/'.CA 5ITIA:NEO.AA'L
0 MF "N" f5S NO MEN 1IIFU E5.
FCCUfl P9 YIlIM IY OFM ID...AIMFNI ANRA^Y. 6 VALO,TYOF INATOOCNANI
WrWDAACWtlNf. 'T_ W7IMYAGCMJNLE019.FM
STATF DF wLIFwN1A )5s sle rE I aulwNlA )6
coW n G.w uE R➢"c/ TOPITY 6F 11115ZE)'
TO BEF0.PF III.
I NGIAHY VV911f IN all0 fW SII/1 STA n"i➢fRSONAI LY APPFAfl(0 A NOTARY PVBL'C IN ANO f9R$Ar0$TAT PfPSCNALL Y gFPEFREO
PERSONAL: PCRSRYAUY
BE INS TO MC(OR PROSE IC MC ON TAf BASSSIBS I$ TO T4EORY E190EY1) fi NNOBN FO SO!W.10I IC NC Cl/MC OA_45 OF SI IL 1LTCRY fNOENCL) IL
BE Mf PFRSON(5/NIN NAAI£(5J 6SAFE S BSCR/Bf0 TO Mf I rtIBIRVMENJ BE ME P%POKFT5)Iw/05C NAMf(S)IS//AR[I Er Ex IB£0 IO nl£M Ir WIsA rRF,
AN" IANNOM£OOEO IN ME MAT NN I B/MfY,%ECUIEO M£SPME W HNO PIE
AND HWN 0 COLEO T01AE MAI TVAr F/III£I EEECU2L TAF SAME,1 X�S/4Ei/hFR
AV TVUENT CA PARSIVS),ANO MAI By IIIWIIN SEPAIF OF
IF ON IIIC ASIRH/MIjI CAPACI lfTj,ANO M1IAT BY MS/NFP/n1EIR SICJIA,.1)Orl NF
l
/NSBVMGn PIE PE`Fl"IT, CF]nC ENTITY UP6N B&u6 G`roul//w[PERSOV(S) WS JM£NI TS PBRi IIST?OR ALE EN➢TY UPON 9111LF OF vnlCn nlF PrFS,M/(51
ACICq IXECl/ICO vlC INS]AUIM T AC><0.EATCUF.O TnC M9R1.'M11T
WIN£55 01 FAIT: INIIIESS MY IA.
5,6NANRE MY PRIN1'PSC llf IF SI111FYI SGNA FURL Y 111ICTFAL PGCE O!HUSVIESS
ATNNFI PUBLIC M AAO FOR SAID SLATE IN CiUNIY NOTARY PI/BLIC IN ANO FOR SAIO STATE I LWNIY
AY CYN/MAtiSIW LNPIRES NY COMu/590N 11"IES'
(NP Mf PRIN IEDJ (NAME YN/NROJ
08
SII 3 CIF a SHEETS IN HIE CITY OF 'ALM SPR NGS
e0117 CRc3 Aa+es CC'JNIY 0` RIVLRS 0a, SIAI'_ OF CA'JT-0?NIA
7.339 NET ACRS
TRACT NO. 32736
A PORIION OF THE =AST ONE HALT OF THE SCJ'II ONL IIALI O'
a TI C SOUTHEAST QUARTER 0 TII_ SOJTIILAS( QUARTER O- SECTION 20
TOWNSHIP 4 SOUTH, RANOE 5 EAST S.B.B.&M.
• a FOR CONDOMINUM PU4°CSFS
JONES, CARL & ASSOCIATES
R. H. CALL RC._. 2'CC5
d0
wuxr_uwE LEGENC uoeouENT vmE=
E flMACN WPD xs a u,x6zxr a - u .1 v ¢E.rtubry ignO
1> 16
O s
[ x EE IN rRll11 -fus+,1111-111—Ir 30 21
W
1.1PER s IE`Z gCAR°N 65 o
1P;`1 x -
aEM,6 m�E N.o. =mE°.9,oI E°reE°,ER 11 Rx-x,
s x
� �N.E.»sE e.6. ,C.a,Eo zo, res tr.A
6r)rre
on r7 r rro
mEE. : "`
e rno :E .vEc ., SoE<E 11 *a .rSs s#94 z5 R
-11
�61
li
yT i
RIM
/j is"a1 �
�Ni�.aa .Nc11'RCE
N'\
IN,a-/Wz 6519NTEz 951 s/ �}ps
10
bn= sL'E —1
T I z
Gin R,INIEIN
o xr
.s cEru a•° r' �
1-
a _
�
E-
I aA �rx,
I a,�w
RIIE
[ )I � s i
[ J
a '_ e.e,
ACC -R AS �.o aI
�1- o
I win Es c A Al
ssra wawa as - °
s,Tb- oww.d'0 - a a re..a RE »s 1'. I-IR
IlE T.RE, RI R9R
mn.-,a
/,
II n A
[re Ta r6esxN /z!. .ne r 09
S o, III
4 0' 4 SHEETS
a T oss AC IN THE CITY 0- PALM SPRINGS M unm— e.oias _xcnT 1.
eE.znc
zlle NET ACRES CALIFRN,A -
z. Nil
L DATA COUNTY OF RIVERSIDE, STATE OF — -
r eeARwc Ersm.a `�' IF
TRACT NO. 32736
211111
A PORTION OF TI-E EAST ON- HALF 0- THE SOLT-I ONE IAL- 01 OO ID' -
L.1 v THE SOuT-IEAST O-ARTER OF THE SOUTHEAST OUAR-ER C- SECTION 20 o' a'
�OWVSHIP 4 SOUTH, RANGE 5 EAST SB.9,&`A
FOR CONOOMINIUN PURPOSES n S5
C JONCS, CA. & ASSOCIATES C " -
E R. H. CAHL R.C.E. 21005
O
C N
Lv
r IIIll 11 0 1112X [ O
G
x •
x v WnMif 5 aLE
9'1)SYN' ) / J049] 112111 •e 5o
{� it \[TMs1S[11 OFEoaSF
(x�RUEOe .i.5 E9 AS TM_vc�.Lixi 6 S 1/S Rc' 1 \
_ pA o '`
III
R
�. _-L i �D ❑ I �
LOT D ey /
LLLJJJ s i 4' -b
LOTA e � 'aCCC'Lst+ \th\a
61
Cy
��`
o ee ��
/ a Lor9e
r'1 j� �l� .eo,.,. 5 ,.1.1.
ro oaeI.min
h -1 1 �daDa x, _
�yrJn we'`95'�` 11
-
o or LME DATA - -0. \\\\
n 8 „ '"'"ry
k B PER G )FSTANE \
\ 'uni TIE
ro wsER I
p
Elxes. liApAL... \\��\� $
It I Y C BEAFIM DATA
Ri
Id
G i. .
5 ID.R o K E
it CI I CT7 ® 11 1
�ID ®o. 'All 11
\ I ecl WATER AGENCY
6
rID IDExr °1—�� '�. .
G r"
o. ice�wIB
_ 4 R UTLITY.SEA Eaics
•� u�Al
�.. �1� .e 5.
ens ix.v/w a. nw �I' ) f'c'o.aQ�si'�pei AxoW racx Ill R/w vix AVE
�r
L gc m
r r1eE�T px
F _ Qw>HAreas E. 1
AO
OVi ie In'p n[q n.. F �sou't 5vr GiEs.E s 1
ATTACHMENT 3
3. 1
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
Tahquitz 41, LLC, a Delaware Limited Liability Company
12
TABLE OF CONTENTS
I. Construction Obligations......................................................................................2
1.1 Works of Improvement...............................................................................2
1.2 Other Obligations Referenced in Conditions of
TentativeMap Approval .............................................................................2
1.3 Intent of Plans............................................................................................2
1.4 Survey Monuments ....................................................................................3
1.5 Performance of Work .................................................................................3
1.6 Changes in the Work..................................................................................3
1.7 Defective Work...........................................................................................3
1.8 No Warranty by City...................................................................................3
1.9 Authority of the City Engineer.....................................................................3
1.10 Documents Available at the Site ................................................................3
1.11 Inspection...................................................................................................4
1.12 Compliance with Law.................................................................................4
1.13 Suspension of Work...................................................................................4
1.14 Final Acceptance of Works of Improvement...............................................4
2. Time for Performance...........................................................................................5
2.1 Commencement and Completion Dates.....................................................5
2.2 Phasing Requirements...............................................................................5
2.3 Force Majeure............................................................................................5
2.4 Continuous Work....................................................................... ...6
..............
2.5 Reversion to Acreage.................................................................................6
2.6 Time of the Essence...................................................................................6
3. Labor.....................................................................................................................6
3.1 Labor Standards.........................................................................................6
3.2 Nondiscrimination.......................................................................................6
3.3 Licensed Contractors .................................................................................6
3.4 Workers' Compensation.............................................................................6
4. Security................................................. ............7
....................................................
4.1 Required Security.......................................................................................7
4.2 Form of Security Instruments .....................................................................7
4.3 Subdivider's Liability...................................................................................8
4.4 Letters of Credit..........................................................................................9
4.5 Release of Security Instruments ................................................................9
t
13
5. Cost of Construction and Provision of Inspection
Service................................................................................................................10
5.1 Subdivider Responsible for All Related Costs of
Construction.............................................................................................10
52 Payment to City for Cost of Related Inspection
and Engineering Services ........................................................................10
8. Acceptance of Offers of Dedication.....................................................................10
7. Warranty of Work................................................................................................10
8. Default ................................................................................................................11
8.1 Remedies Not Exclusive ..........................................................................11
8.2 City Right to Perform Work.......................................................................11
8.3 Attorney's Fees and Costs .......................................................................11
9. Indemnity................................................. .................................... ..11
.......... ...........
10 General Provisions..............................................................................................12
10.1 Successors and Assigns..........................................................................12
10.2 No Third Party Beneficiaries.....................................................................12
10.3 Entire Agreement; Waivers and Amendments .........................................12
11. Corporate Authority.............................................................................................12
2
14
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this day of , 2015, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY'), and Tahquitz 41, LLC, a
Delaware Limited Liability Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 32736 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit"B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs an easement for public utility purposes with the right of
ingress and egress for service and emergency vehicles and personnel over Lot "A", Lot
"D" and Easement W.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
1. Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
1
Z5
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $ 2,200,000.00
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
2
16
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
3
17
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon approval by the City Engineer or his
designee. Extension of time may be granted upon mutual agreement of the City
4
1 18
Engineer and Subdivider, either verbally or in writing, as required by the City Engineer
or his designee.
2.2 Phasing Reauieements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Subdivider
acknowledges City's right to withhold the issuance of further building permits on the
Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements
that are a condition to issuance of building permits have been satisfied. Such
requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the
Subdivider by the City, if, upon a determination by the City Engineer or his designee,
completion of specific Works of Improvements or other requirements associated with
the development of the Property have not been completed to his satisfaction.
2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency (including City), required changes to the scope of work required by City,
and similar causes; provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
66499.11-66499.20-314. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
5
tg
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of Califomia Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shalt discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Secu
4.1 Required Securitv.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter"Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$2,200,000.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
6
20
(a) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $1,100,000.00 equal to 50% of the estimated construction cost
referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $3.0 00.00 equal to 100% of the
cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $330,000.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of Califomia. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Bests Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty(30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
7
21
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
8
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely {led, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdividers written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
9
23
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
10
24
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorneys fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorneys fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemn . Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third parry beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
11
25
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. CorporateAuthority..The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
12
26
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By
James Thompson, City Clerk David H. Ready, City Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
Marcus Fuller, City Engineer/Assistant City Manager
SUBDIVIDER:
Tahquitz 41, LLC, a Delaware Limited Liability Company
Check one:_Individual Partnership_Corporation"_Company
'Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
27
Mailing Address:
LJ --
(� (fax)
14
28
ALL-PURPOSE ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE
INDIVIDUAL WHO SIGNED THE DOCUMENT, TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS,
ACCURACY,OR VALIDITY OF THAT DOCUMENT.
State of CAPACITY CLAIMED BY
County of SIGNER
On before me,
Date Name, Title of Officer ❑INDIVIDUAL(S)
personally appeared ❑CORPORATE
NAME(S) OF SIGNER(S) OFFICERS)
o personally known to me- OR— TITLE(S)
❑ proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S)
persons(s) whose name(s) is/are subscribed to the within ❑ATTORNEY-IN-FACT
instrument and acknowledged to me that he/she/they executed ❑TRUSTEE(S)
the same in his/her/their authorized capacity(ies), and that by ❑SUBSCRIBING WITNESS
his/her/their signature(s) on the instrument the person(s) or the ❑GUARDIAN/CONSERVATOR
entity upon behalf of which the persons(s) acted, executed the ❑OTHER
instrument.
Witness my hand and official seal.
SIGNER IS REPRESENTING:
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
15
29
EXHIBIT"A"
TRACT MAP 32736 LEGAL DESCRIPTION
Tract Map No. 32736, as recorded in Map Book _, Pages through inclusive, records
of Riverside County, California.
16
30
EXHIBIT"B"
TENTATIVE TRACT MAP 32736 CONDITIONS OF APPROVAL
17
31
RESOLUTION NO.
EXHIBIT A
Case 3.3745 MAJ
VIBRANTE
December 10, 2014
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 Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Protect Description. This approval is for the project described per Case
3.3745 MAJ; except as modified with the approved Mitigation Monitoring
Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped November 25, 2014,
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division except as modified
by the approved Mitigation Measures and conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. 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 Case 3.3745. The City of Palm Springs will promptly
32
Case 3.3745—6500 30 Avenue-Viluanle Page 2 of 21
Conditions of Approval
notify the applicant of any such claim, action, or proceeding against the City
of Palm Springs and the applicant will either undertake defense of the matter
and pay the City's associated legal costs or will advance funds to pay for
defense of the matter by the City Attorney. If the City of Palm Springs fails to
promptly notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall
waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the Improvements including
and without limitation all structures, 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 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.
ADM 7. Time Limit on Approval. Approval of the Major Architectural Application
(MAJ) shall be valid for a period of two (2) years from the effective date of the
approval. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause.
ADM 8. Right to Aooeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Public Art Fees. This project shelf be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4%for residential projects with first$100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the artwork and protect the public rights of access and viewing.
33
Case 3.3745—6500 30 Avenue-Vibrante Page 3 of 21
Conditions of Approval
ADM 10. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community-wide system
and shown on the City's master plan).
ADM 11. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result In revocation of this Conditional Use Permit.
ADM 12. CC& 's 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 for approval In a format to be approved by the City
Attorney. These CC&R's may be enforceable by the City, shall not be
amended without City approval, and shall require maintenance of all property
in a good condition and in accordance with all ordinances
ADM 13. CC&R's.
ADM 22. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of
building permits, the applicant shall submit a draft declaration of covenants,
conditions and restrictions ("CC&R's")to the Director of Planning for approval
in a format to be approved by the City Attorney. The draft CC&R package
shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to
be recorded.
c. Provisions for joint access to the proposed parcels, and any open space
restrictions.
d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor-in-interest.
Approved CC&R's are to be recorded following approval of the final map.
The CC&R's may be enforceable by the City, shall not be amended without
34
Case 3.3745-65W 34"Avenue-Vibranle Page 4 of 21
Conditions of Approval
City approval, and shall require maintenance of all property in a good
condition and in accordance with all ordinances,
ADM 23. CC R's Deposits & Fees. The applicant shall submit to the City of Palm
Springs, a deposit in the amount of$3,500, for the review of the CC&R's by
the City Attorney. A $675 filing fee shall also be paid to the City Planning
Department for administrative review purposes
ADM 24. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement
regarding the location of the project relative to roadway noise, City special
events, roadway closures for special events and other activities which may
occur in the Central Business District, Desert Museum and Desert Fashion
Plaza. Said disclosure shall inform perspective buyers about traffic, noise and
other activities which may occur in this area.
ADM 25. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local-Development Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuiila Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. California Fish & Game Fees Reaulred. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the fort of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). 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. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.aov for more information.
ENV 3. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
35
Case 3.3745—5500 34"Avenue-Vibrante Page 5 of 21
Conditions of Approval
ENV 4. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
a. A Native American Monitor(s) shall be present during all ground
disturbing activities including clearing and grubbing, excavation, burial of
utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of
Cahuilla Indian Cultural Office for additional information on the use and
availability of Cultural Resource Monitors. Should buried cultural deposits
be encountered, the Monitor shall contact the Director of Planning. After
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to further
investigate the site. If necessary, the Qualified Archaeologist shall
prepare a treatment plan for submission to the State Historic Preservation
Officer and Agua Caliente Cultural Resource Coordinator for approval
b. Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the projects conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. It lights are proposed
to be mounted on buildings, down-lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
applicant shall submit a landscape and irrigation plan to the Director of
Planning for review and approval prior to the issuance of a building permit.
Landscape plans shall be wet stamped and approved by the Riverside
County Agricultural Commissioner's Office prior to submittal. Prior to
submittal to the City, landscape plans shall also be certified by the local water
agency that they are in conformance with the water agency's and the State's
Water Efficient Landscape Ordinances.
36
Case 3.3745—6500 340 Avenue-yibrante Page 6 of 21
Conditions of Appmvat
PLN 3. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93,20.00. The applicant shall submit a sign program to
the Department of Planning Services prior to the issuance of building permits.
PLN 4. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thermal standards for"Cool Roofs". Such roofs
must have a minimum initial thermal emittance of 0.75 or a minimum SRI of
64 and a three-year aged solar reflectance of 0.55 or greater. Only matte
(non-specular) roofing is allowed in colors such as beige or tan.
PLN 5. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03,00 of the Zoning
Ordinance,
PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 7. Pool Enclosure ADDroval Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval
by the Planning Department prior to issuance of Building Permits.
PLN 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 9, Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 10. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they
may not be terminated or substantially amended without the consent of
the City and the developer's successor-in-interest.
37
Case 3.3745—6500 30 Avenue-Vbrante Page 7 of 21
Conditions of Approval
PLN 11. Notice to future buyers on Views Applicant shall notify all prospective buyers
of units within the proposed development that there are no written or implied
rights to the preservation of scenic views from any of the units.
PLN 12. "Smart Controllers" for landscape irrigation Single Family Residential units
are to be provided with "smart controllers"for managing efficient use of water
for landscape irrigation.
PLN 13. Pre-wiring for Installation of Photo-voltaic systems. If the project does not
include photo-vokaic system(s) for electrical production, 'pre-wiring" and
appropriate configuration of electrical panels and conduit njust be provided to
accommodate the future installation of such equipment on rooftops of
structures within the proposed development.
PLN 14. (add any additional conditions imposed by the Planning Commission or Citv
Council here)
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes"of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such approval
is subject to the following conditions being completed in compliance with City standards
and ordinances.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a Califomia Registered Civil
Engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
34TH AVENUE
3. Construct a 6 inch curb and gutter located 32 feet north of centerline along the
frontage with an appropriate transition to the existing 6 inch curb and gutter
located 32 feet north of centerline at the southwest comer of the site in
accordance with City of Palm Springs Standard Drawing No. 200.
38
--
Case 3.3745—6500 34� Avenue•Vibranle Page 8 of 21
Conditions of Approval
4. Construct a 40 feet wide driveway approach (Main Entry) in accordance with City
of Palm Springs Standard Drawing No. 205. The centerline of the Main Entry
shall be aligned with the centerline of Lawrence Street. The gated entry design,
including widths of ingress and egress lanes, shall be subject to the review and
approval by the Fire Marshall. Emergency access shall be provided to the Fire
Department.
The gated Main Entry is subject to review and approval by the City Engineer and
Fire Marshall. The applicant shall provide an exhibit showing truck turning
movements around the entry, demonstrating the ability of standard size vehicles
to maneuver through the entry (without reversing) if unable to enter the project.
A minimum of 50 feet shall be provided between the back of sidewalk on the
adjacent street and the gated entry directory/control panel, with an approved
maneuvering area provided between the directory/control panel and the entry
gates. The ingress and egress lanes shall be a minimum of 20 feet wide, unless
otherwise approved by the Fire Marshall. An opticom system for automatic
operation by emergency vehicles, with uninterrupted power supply (battery back-
up), shall be Installed for the entry gates, meeting the approval of the Fire
Marshall.
S. The second gated entry onto 34th Avenue is not approved; the access shall be
limited to emergency access for the benefit of the City of Palm Springs. The
gated entry, as proposed, does not provide sufficient stacking or maneuvering
area for vehicles unable to enter the development.
6. Construct a 35 feet wide emergency exit access driveway approach in
accordance with City of Palm Springs Standard Drawing No. 201. The centerline
of the emergency access shall be aligned with the centerline of Marguerite
Street. The entry shall be restricted to emergency access only, to the City of
Palm Springs, in a manner acceptable to the Fire Marshall.
7. Construct a Type C curb ramp meeting current California State Accessibility
standards on each side of the Main Entry in accordance with City of Palm
Springs Standard Drawing No. 214. The applicant shall ensure that an
appropriate path of travel, meeting ADA guidelines, is provided across the
driveway, and shall adjust the location of the access ramps, if necessary, to meet
ADA guidelines, subject to' the approval of the City Engineer and ADA
Coordinator. If necessary, additional pedestrian and sidewalk easements shall be
provided on-site to construct a path of travel meeting ADA guidelines.
8. Construct a 5 feet wide sidewalk behind the proposed curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210. The
applicant may construct a 5 feet wide meandering sidewalk. Easements for
sidewalk purposes shall be dedicated for those portions of the meandering
sidewalk that extend onto private property.
39
_-
r
Case 3.3745—55DO 34"Avenue-Vibrante Page 9 of 21
conditions of Approval
9. Construct a minimum pavement section of 3 inches asphalt concrete pavement
over 6 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, from edge of proposed gutter to
clean sawcut edge of pavement along the entire frontage in accordance with City
of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement
section is proposed, the proposed pavement section shall be designed by a
California registered Geotechnical Engineer using "R"values from the project site
and submitted to the City Engineer for approval.
10. The applicant shall be required to construct asphalt concrete paving for streets in
two separate lifts. The final lift of asphalt concrete pavement shall be postponed
until such time that on-site construction activities are complete, as may be
determined by the City Engineer. Paving of streets in one lift prior to completion of
on-site construction will not be allowed, unless prior authorization has been obtained
from the City Engineer. Completion of asphalt concrete paving for streets prior to
completion of on-site construction activities, if authorized by the City Engineer, will
require additional paving requirements prior to acceptance of the street
improvements, including, but not limited to: removal and replacement of damaged
asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the
City Engineer.
11. All broken or off grade street improvements shall be repaired or replaced.
DINAH SHORE DRIVE EMBANKMENT SLOPE MAINTENANCE ROAD
12. Dedicate an easement for access purposes with the right of ingress and egress
for service vehicles and personnel over the southeast corner of the site as
necessary to provide a 15 feet wide access road along the Dinah Shore Drive
embankment slope.
13. Acquire an easement for access purposes for the benefit of Palm Springs across
the property located immediately east of the project, identified by Assessor's
Parcel Number 680-340-002, as may be necessary to construct the 15 feet wide
access road from Avenue 34. In the event it is not possible to acquire said
easement, the site plan shall be revised to relocate the 15 feet wide access road
such that the entire access road is located on-site.
14. Dedicate an easement for access purposes with the right of ingress and egress
for service vehicles and personnel over the northeast corner of the site as
necessary to provide a tum-around maneuvering area for the north end of the 15
feet wide access road along the Dinah Shore Drive embankment slope. The
layout of the tum-around maneuvering area shall be submitted to the City
Engineer for review and approval.
40
Case 3.3745—6500 34� Avenue-Vibrante Page 10 0(21
Conditions of Approval
15. Construct a retaining wall in accordance with a Geotechnical Report and
designed by a California registered Engineer, along the easterly property line to
support the proposed embankment for the access road to the Dinah Shore Drive
Bridge embankment slope, as generally indicated in Typical Section "D" and
Detail 1 on Tentative Tract Map 32736. The retaining wall shall be designed
using appropriate loading caused by maintenance vehicles on the access road.
The structural retaining wall design shall be submitted to and approved by the
Building Department prior to approval of a grading plan.
16. Construct a 15 feet wide access road in accordance with a Geotechnical Report
and designed by a California registered Engineer, on the easterly side of the
proposed retaining wall along the easterly property line. The access road shall be
designed for maintenance vehicles and shall be gated at the south end. The
access road shall be surfaced with clean gravel.
ON-SITE PRIVATE STREETS
17. The on-site layout of streets and parking spaces is subject to further review and
approval by the City Engineer. Adjustment of proposed street alignments, and
deletion or relocation of proposed parking spaces may be required during review
and approval of construction plans for on-site improvements, as required by the pp
City Engineer. Approval of the preliminary site plan does not constitute approval GU
of the on-site layout of streets and parking spaces as proposed. CONDITION
HAS BEEN SATISFIED PER TTM 32736 DATED 5123114
18, The proposed central island of the traffic circle shall not exceed 20 feet in �.
diameter. Construct the traffic circle with a minimum outside curb radius of 43
feet throughout the traffic circle.
19. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws. An
accessible path of travel shall be constructed of Portland cement concrete,
unless alternative materials meeting state and federal accessibility standards is
approved by the City Engineer.
20. Dedicate an easement for public utility purposes, with the right of ingress and
egress for service and emergency vehicles and personnel over the proposed
private streets.
21. All on-site private streets shall be constructed with standard 6 inch curb and
gutter, a wedge curb, or other approved curbs, and cross-gutters, as necessary
to accept and convey street surface drainage of the on-site streets to the on-site
drainage system. On-site streets may also be constructed with inverted crowns
as necessary to convey street surface drainage to the on-site drainage system.
41
Case 3.3745—6500 30 Avenue-Vilxante Page 11 or 21
Conditions or Approval
22. Construct a minimum pavement section of 2'Y2 inches asphalt concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24
Inches at 95% relative compaction, or equal, between the edges of the proposed
gutters. If an alternative pavement section is proposed, the proposed pavement
section shall be designed by a Califomia registered Geotechnical Engineer using
"R"values from the project site and submitted to the City Engineer for approval.
23. Parking shall be restricted along the on-site private streets as necessary to
maintain a 24 feet wide clear two-way travel way, except for designated parking
spaces and parking bays. Regulatory Type R26 "No Parking" signs or red curb
shall be installed along the drive aisles as necessary to enforce parking
restrictions. A Home Owners Association shall be responsible for regulating and
maintaining required no parking restrictions, which shall be included in
Covenants. Conditions, and Restrictions required for the development.
SANITARY SEWER
24. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
25. The on-site private sewer system shall connect to the existing public sewer
system in 34th Avenue. Connection shall be made to the gravity sewer main and
not into the existing sewer force main. Sewer plans shall be submitted to the
Engineering Division for review and approval. Private on-site sewer mains for
residential projects shall conform to City sewer design standards, including
construction of 8 inch V.C.P. sewer main and standard sewer manholes. All on-
site private sewer systems shall install sewer manhole covers with the words
"Private Sewer". A profile view of the on-site private sewer mains is not
necessary provided sufficient invert information is provided in the plan view,
including elevations with conflicting utility lines. Plans for sewers other than the
private on-site sewer mains, i.e. building sewers and laterals from the buildings to
the on-site private sewer mains, are subject to separate review and approval by
the Building Division.
26. The on-site private sewer system shall not connect to the existing sewer manhole
within 34th Avenue. The on-site sewer system shall connect to the sewer main
with a standard sewer lateral Connection in accordance with City of Palm Springs
Standard Drawing No. 405.
27. All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions
and Restrictions (CC&R's) required for this project.
42
Case 3.3745—65oo 30 Avenue-Vibranle Page 12 of 21
Conditions of Approval
GRADING
28. Submit a Precise Grading and Paving Plan prepared by a California registered
Civil Engineer to the Engineering Division for review and approval. The Precise
Grading and Paving Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and
shall be required to utilize one or more "Coachella Valley Best Available
Control Measures" as identified in the Coachella Valley Fugitive Dust Control
Handbook for each fugitive dust source such that the applicable performance
standards are met. The applicant's or its contractor's Fugitive Dust Control
Plan shall be prepared by staff that has completed the South Coast Air
Quality Management District (AQMD) Coachella Valley Fugitive Dust Control
Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificates) of Completion from
AQMD for staff that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella
Valley Fugitive Dust Control Handbook and related "PM10" Dust Control
issues, please contact AQMD at (909) 396-3762, or at www.AQMD.gov. A
Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive
Dust Control Handbook, shall be submitted to and approved by the
Engineering Division prior to approval of the Precise Grading and Paving
plan.
b. The first submittal of the Precise Grading and Paving Plan shall include the
following information; a copy of final approved conformed copy of Conditions
of Approval; a copy of a final approved conformed copy of the Tentative Tract
Map; a copy of current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report.
c. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing
shall be installed. Fencing shall have screening that is tan In color; green
screening will not be allowed. Perimeter fencing shall be installed after
issuance of Grading Permit, and immediately prior to commencement of
grading operations.
d. Perimeter fence screening shall be appropriately maintained, as required by the
City Engineer. Cuts (vents) made into the perimeter fence screening shall not be
allowed. Perimeter fencing shall be adequately anchored into the ground to
resist wind loading.
43
Case 3.3745—6500 3e Avenue-Vibranle Page l3 of 2l
Conditions of Approval
e. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas on-
site shall be permanently stabilized, in accordance with Palm Springs Municipal
Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter
fencing shall be removed, as required by the City Engineer.
29. Prior to approval of a Grading Plan, the applicant shall obtain written approval to
proceed with construction from the Ague Caliente Band of Cahuilla Indians, Tribal
Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the
Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to
determine their requirements, if any, associated with grading or other construction.
The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal
Archaeologist as early as possible. if required, it is the responsibility of the applicant
to coordinate scheduling of Tribal monitors during grading or other construction, and
to arrange payment of any required fees associated with Tribal monitoring.
30. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
31. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed
permit shall be provided to the City Engineer prior to issuance of a grading
permit.
32. Notice of Intent to comply with Statewide General Construction Stormwater Permit
(Water Quality Order 99-08-DWQ as modified December 2, 2002) is required for the
proposed development via the California Regional Water Quality Control Board
(Phone No. (760) 346-7491). A copy of the executed letter issuing a Waste
Discharge Identification (WDID) number shall be provided to the City Engineer prior
to issuance of a grading permit.
W 33, In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c),
the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand
relating to this property and development.
34. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the
proposed development. A copy of the soils report shall be submitted to the
Engineering Division with the first submittal of a grading plan.
35. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
44
Case 3.3745—6500 34"Avenue-Vduante Page 14 of 21
Conditions of Approval
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Precise Grading
Plan. The California Department of Food and Agriculture office is located at 73-
710 Fred Waring Drive, Palm Desert(Phone: 760-776-8208).
DRAINAGE
36. All stormwater runoff passing through and falling onto the site shall be accepted
and conveyed to a new drainage system to be constructed as part of the
development. On-site retention and other storm drainage facilities approved by
the City Engineer shall be required.
37. This project will be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater
River Region from the Colorado River Basin Regional Water Quality Control Board
(RWQCB). The applicant Is advised that installation of BMP's, including mechanical
or other means for pre-treating stormwater runoff, will be required by regulations
imposed by the RWQCB. It shall be the applicant's responsibility to design and
install appropriate BMP's, in accordance with the NPDES Permit, that effectively
intercept and pre-treat stormwater runoff from the project site, prior to release to the
City's municipal separate storm sewer system ("MS41, to the satisfaction of the City
Engineer and the RWQCB. Said measures shall be designed and Installed on-site;
and provisions for perpetual maintenance of the measures shall be provided to the
satisfaction of the City Engineer, including provisions in Covenants, Conditions, and
Restrictions (CC&R's) required for the development.
38. This project may be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued far the
Whitewater River Region from the Colorado River Basin Regional Water Quality
Control Board (RWQCB). The applicant is advised that installation of BMP's,
including mechanical or other means for pre-treating stormwater runoff, may be
required by regulations imposed by the RWQCB. It shall be the applicant's
responsibility to design and install appropriate BMP's, in accordance with the
NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the
project site, prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required,
such measures shall be designed and installed on-'site; and provisions for
perpetual maintenance of the measures shall be provided to the satisfaction of
the City Engineer, including provisions in Covenants, Conditions, and
Restrictions (CC&R's) required for the development.
45
Case 3.3745—6500 34' Avenue-Vibrante Page 15 of 21
Conditions of Approval
39. Submit storm drain improvement plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
40. Construct drainage improvements, including but not limited to catch basins, and
storm drain lines, for drainage of on-site streets into the on-site underground
retention system, as described in the Hydrology and Hydraulic Study for
Mountain Terraces at Indian Oasis, Tentative Tract No. 32736, prepared by
Jones, Cahl & Associates, revised March 9, 2005. The hydrology study for
Tentative Tract Map 32736 shall be amended to include catch basin sizing, storm
drain pipe sizing, and underground retention system sizing calculations and other
specifications for construction of required on-site storm drainage Improvements.
41. The applicant is advised that the proposal for an underground retention system
within the landscaped parkway along 34th Avenue may preclude the ability to
install appropriate landscaping as may be required by the Department of
Planning Services. The underground retention system shall be designed at a
sufficient depth to allow typical landscape planting, including trees, and in a
manner that does not interfere with the ability of the system to receive runoff in
the future.
42. Installation, maintenance and operation of drywells or similar facilities used for
on-site stormwater management are subject to certain federal regulations. In
accordance with the Code of Federal Regulations (CFR) Title 40 Part 144.26, the -
owner and/or operator of any Class V injection well shall submit an Inventory
Form to the Environmental Protection Agency (EPA) to register ownership,
liability, and location for any and all Class V injection wells. Drywelis, unlined
sumps, seepage pits, and infiltration galleries are all classified as shallow Class
V injection wells. injection wells on private property (except for those strictly
intended for roof runoff) are subject to these regulations. No owner and/or
operator of any Class V injection well, shall construct, operate, maintain, convert,
plug, abandon, or conduct any other injection activity in a manner that allows the
movement of fluid containing any contaminant into underground sources of
drinking water, if the presence of that contaminant may cause a violation of any
drinking water regulation under CFR Chapter 40 Part 142 or may otherwise
adversely affect the health of persons (in accordance with CFR Title 40
Part144.12). Every injection well and infiltration device shall be accessible for
routine inspection and maintenance. For more information on the use of Best
Management Practices for drinking water source protection in relation to Class V
injection wells, go to http://www.epa.govisafewater/protecttswpbmp.html.
43. The underground retention system shall be installed on-site and not within the
public right-of-way. The underground stormwater retention system shall be sized
to have a sufficient capacity equal to the volume of increased stormwater runoff
due to development of the site, as identified in a final hydrology study approved
by the City Engineer. A decrease to the required retention volume may be
allowed for percolation of the stormwater runoff into the underlying gravel and
46
Case 3.3745-6500 3eAvenue-Vibrante Page 16 of 21
Conditions of Approval
soil, not to exceed 2 inches per hour or as otherwise supported by a percolation
test at the site. Provisions for maintenance of the underground stormwater
retention system shall be included in Covenants, Conditions, and Restrictions
(CC&R's) for the Home Owners Association (HOA), including reference to the
fact that maintenance and/or replacement of the system may require removal of
existing landscaping improvements within the landscape parkway at the sole
expense of the HOA. The CC&R's shall reserve the right of the City to inspect
and ensure that the underground retention system is operable, and in the event
of its failure, shall provide the City the right to advise the HOA and require its
repair or replacement to the satisfaction of the City Engineer.
44. All on-site storm drain systems shall be privately maintained by a Homeowners
Association (HOA). Provisions for maintenance of the on-site storm drain
systems acceptable to the City Engineer shall be included in Covenants,
Conditions and Restrictions (CC&R's) required for this project.
45. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $9,212.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
46. On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this project, the
applicant shall be responsible for coordinating the scheduled construction with the
Ague Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal
Archaeologist. Unless the project site has previously been waived from any
requirements for Tribal monitoring, it is the applicant's responsibility to notify the
Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, for
any subsequent phases or elements of construction that might require Tribal
monitoring. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during construction, and to arrange payment of any
required fees associated with Tribal monitoring. Tribal monitoring requirements may
extend to off-site construction performed -by utility companies on behalf of the
applicant (e.g. utility line extensions in off-site streets), which shall be the
responsibility of the applicant to coordinate and arrange payment of any required
fees for the utility companies.
GENERAL
47. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
47
Case 3.3745—65W 30 Avenue.Vibrar4e Page 17 of 21
Conditions of Approval
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.). Multiple excavations, trenches, and other street cuts within
existing asphalt concrete pavement of off-site streets required by the proposed
development may require complete grinding and asphalt concrete overlay of the
affected off-site streets, at the discretion of the City Engineer. The pavement
condition of the existing off-site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
48. All proposed utility lines shall be installed underground.
49. In accordance with Chapter 8.04A01 of the City of Palm Springs Municipal Code,
all existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are on-site, abutting, and/or
transecting, shall be Installed underground unless specific restrictions are shown
In General Orders 95 and 128 of the California Public Utilities Commission, and
service requirements published by the utilities. The existing overhead utilities
across the south property line (excluding the 115kV power lines) meet the
requirement to be installed underground. A letter from the owners of the affected
utilities shall be submitted to the Engineering Division prior to approval of a
grading plan, informing the City that they have been notified of the City's utility
undergrounding requirement and their Intent to commence design of utility
undergrounding plans. When available, a utility undergrounding plan shall be
submitted to the Engineering Division identifying all above ground facilities in the
area of the project to be undergoounded. Undergrounding of existing overhead
utility lines shall be completed prior to issuance of a certificate of occupancy.
50. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
51. Upon approval of any improvement plan by the City Engineer,the improvement
plan shalt be provided to the City in digital format, consisting of a DWG
(AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and
PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of
the digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer.
52. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) shall be documented with record
drawing "as-built" information and returned to the Engineering Division prior to
issuance of a final certificate of occupancy. Any modifications or changes to
approved improvement plans shall be submitted to the City Engineer for approval
prior to construction.
48
Case 3.3745—65M 34"'Avenue-Vibrarde Page 18 of 21
Conditions of Approval
53. Nothing shall be constructed or planted in the corner cut-off area of any
(intersection or) driveway which does or will exceed the height required to
maintain an appropriate sight distance per City of Palm Springs Zoning Code
Section 93.02.00, D.
54. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per
City of Palm Springs Standard Drawing No. 904.
55. The City's embankment slope parcel may be landscaped, if required by the
Director of Planning Services or if requested by the applicant. In either case, the
applicant shall submit an application for an Encroachment Agreement for
installation and maintenance of landscaping within the City's embankment slope
parcel. The applicant will be required to include provisions in the Covenants,
Conditions and Restrictions (CC&R's) for this project which require the perpetual
maintenance of the landscaping on the City's embankment slope parcel,
including liability for all damages and for repair to the embankment slope andlor
the Dinah Shore Drive street and bridge improvements in the event of failure of
the City's embankment slope due to the applicant's use of the parcel.
MAP
56. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcel and all lots created
therefrom, and copies of record documents shall be submitted with the Final Map
to the Engineering Division as part of the review of the Map. The Final Map shall
be approved by the City Council prior to issuance of building permits.
57. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions related—
to the Engineering Division's recommendations. The CC&R's shall be approved
by the City Attorney prior to approval of the Final Map, or in the absence of a
Final Map, shall be submitted and approved by the City Attorney prior to
issuance of a Certificate of Occupancy.
58. Upon approval of a final (parcel) map, the final (parcel) map shall be provided to
the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital
Submission" from the Riverside County Transportation and Land Management
Agency." G.I.S. digital Information shall consist of the following data: California
Coordinate System, CC583 Zone 6 (in U.S. feet); monuments (ASCII drawing
exchange file); lot lines, rights-of-way, and centerlines shown as continuous
lines; full map annotation consistent with annotation shown on the map; map
number; and map file name. G.I.S. data format shall be provided on a
CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile,
49
Case 3.3745—6500 340 Avenue-Vibranle Page 18 of 21
Conditions of Approval
Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file),
DGN (Microstation drawing file), DXF (AutcCAD ASCII drawing exchange file) ),
and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and
format of G.I.S. digital data to be submitted to the City may be authorized, upon
prior approval of the City Engineer.
TRAFFIC
59. Install a street name sign at the intersection of 34th Avenue and the Main Entry
in accordance with City of Palm Springs Standard Drawing Nos. 620 through
625.
60. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the intersection of 34th Avenue and the Main Entry in
accordance with City of Palm Springs Standard Drawing Nos. 620-625.
61. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development.
Minimum clearance on public sidewalks (or pedestrian paths of travel) shall be
provided by either an additional dedication of a sidewalk easement (if necessary)
and widening of the sidewalk, or by the relocation of any obstructions within the
public sidewalk along the 34th Avenue frontage of the subject property.
62. Construction signing, lighting and barricading shall be provided during all phases
of construction as required by City Standards or as directed by the City Engineer.
As a minimum, all construction signing, lighting and barricading shall be in
accordance with Part 6 "Temporary Traffic Control of the California Manual on
Uniform Traffic Control Devices for Streets and Highways" dated January 13,
2012 or subsequent additions in force at the time of construction.
63. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of byiiding permit.
FIRE DEPARTMENT CONDITIONS
FIRE 1 These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan received and
dated May 27, 2014. Additional requirements may be required at that time
based on revisions to site plans.
FIRE 2 Fire Department Conditions were based on the 2013 California Fire Code
as adopted by City of Palm Springs, Palm Springs Municipal Code and
latest adopted NFPA Standards. Four complete sets of plans for private fire
service mains, fire alarm, or fire sprinkler systems must be submitted at
time of the building plan submittal.
50
Case 3.3745—5500 34"Avenue-V brante Page 20 of 21
Conditions of Approval
FIRE 3 Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access
roads shall be provided for every facility, building or portion of a building
hereafter Constructed or moved into or within the jurisdiction. The fire
apparatus access road shall comply with the requirements of this section
and shall extend to within 150 feet of all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by
an approved route around the exterior of the building or facility.
FIRE 4 Security Gates (CFC 503.6): The installation of security gates across a fire
apparatus access road shall be approved by the fire chief. Where security
gates are installed, they shall have an approved means of emergency
operation. The security gates and the emergency operation shall be
maintained operational at all times. Electric gate operators, where provided,
shall be listed in accordance with UL 325. Gates intended for automatic
operation shall be designed, constructed and installed to comply with the
requirements of ASTM F 2200 and an approved Knox key electric switch.
Secured non-automated vehicle gates or entries shall utilize an approved
padlock or chain (maximum link or lock shackle size of % inch). Approved
security gates shall be a minimum of 14 feet in unobstructed drive width on
each side with gate in open position.
In the event of a power failure, the gates shall be defaulted or automatically
transferred to a fail safe mode allowing the gate to be pushed open without
the use of special knowledge or any equipment. If a two-gate system is
used, the override switch must open both gates.
If there is no sensing device that will automatically open the gates for
exiting, a fire department approved Knox electrical override switch shall be
placed on each side of the gate in an approved location.
A final field inspection by the fire Gode official or an authorized
representative is required before electronically controlled gates may
become operative. Prior to final inspection, electronic gates shall remain in
a locked-open position,
FIRE 5 The Palm Springs Fire Department requires a minimum width of 24 feet for
two-way private streets, minimum width of 24 feet. No parking shall be
allowed in either side of the roadway.
FIRE 6 Designated fire lanes in private developments shall be not less than 24
feet wide (curb face to curb face)with no parking on either side. Wedge,
or rolled curbing contained within a 24 foot fire lane shall be capable of
supporting 73,000 pound GVW fire apparatus.
FIRE 7 Reduced Roadway Width: Areas with reduced roadway width (such as
51
Case 3.3745—65oo 34e Avenue•Ytbrante Page 21 of 21
Conditions of Approval
entry and exit gates, entry and exit approach roads, traffic calming
areas) that are under 36 feet wide require red painted curb to maintain
minimum 24 foot clear width. Red curb shall be stenciled "NO
PARKING'and "FIRE LANE"with white paint.
FIRE 8 Dead-end fire apparatus access roads in excess of 150 feet in length shall
be provided with approved provisions for the turning around of fire
apparatus. The City of Palm Springs has two approved turn around
provisions. One is a cul-de-sac with an outside turning radius of 45 feet
from centerline. The other is a hammerhead turnaround meeting the Palm
Springs Public Works and Engineering Department standard dated 9-4-02.
FIRE 9 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs.
GVW) and shall be surfaced so as to provide all-weather driving
capabilities.
FIRE 10 Fire Hydrant Flow and Number of Fire Hydrants (CFC 508.5): Fire
hydrants shall be provided in accordance with CFC Appendix B, Fire Flow
Requirements for Buildings, for the protection of buildings, or portions of
buildings, hereafter constructed. The required fire hydrant flow for this
project is 750 gallons per minute (with fire sprinklers) (CFC Appendix B)
and one available fire hydrant must be within 250 feet from any point on lot
street frontages. (CFC Appendix C)
FIRE 11 Operational Fire Hydrant(s) (CFC 508.1, 508.6.1 & 1412.1): Operational
fire hydrant(s) shall be installed within 250 feet of all combustible
construction. They shall be installed and made serviceable prior to and
during construction. No landscape planting, walls, or fencing is permitted
within 3 feet of fire hydrants, except ground cover plantings
FIRE 12 NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform
system design and installation. System to be designed and installed in
accordance with NFPA standard 13R, 2010 Edition, as modified by local
ordinance.
END OF CONDITIONS
52
CITY OF PALM SPRINGS
BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS
WHEREAS, the City Council of the City of Palm Springs, State of California, and
Tahquitz 41, LLC, a Delaware Limited Liability Company (hereinafter designated as
"Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, dated
, 2015, and identified as Tract Map 32736 is hereby referred
to and made a part hereof, and
WHEREAS, Principal is required under the terms of said Agreement to maintain
and guarantee the costs or repair and/or replacement of defective materials or defective
workmanship in such improvements, which guarantee shall remain in effect for a period
of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter
called "City'), and to furnish a bond for the faithful performance of said Agreement and
the payment of all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of any such maintenance and warranty work.
WHEREAS, Principal has completed said work and the City has accepted, or
substantially concurrently herewith is accepting, said work, subject to the requirement of
delivery of this obligation.
NOW THEREFORE, we, the Principal, and
as Surety, are held and firmly bound unto the City, and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the aforesaid
Agreement, for one (1) year from and after the date of completion and acceptance of
said work, in the penal sum of three hundred thirty three thousand dollars ($
330,000.00), lawful money of the United States, for replacement and repair of any and all
defective materials or defective workmanship within said improvements, and the
payment of all materials furnished or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor in connection with
any such maintenance or warranty, that said surety will pay the same in an amount not
exceeding the amount hereinabove set forth, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, successors, executors and administrators,
jointly and severally, firmly by these presents.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
The condition of this obligation is such that if the above bonded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and provisions
in the said Agreement respecting the repair and replacement of defective workmanship
and materials thereof made as therein provided, on his or their part to be kept and
53
Maintenance &Warranty Bond
Page 2
performed at the time and in the manner therein specified, and in all respects save
harmless the City of Palm Springs, its officers, agents and employees, as therein
stipulated, then this obligation becomes null and void; otherwise it shall be and remain in
full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, al!to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications.
♦ 4 ♦ R 4
(Signatures on Next Page)
54
Maintenance &Warranty Bond
Page 3
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on 2015.
SUBDIVIDER:
Tahquitz 41, LLC, a Delaware Limited Liability Company
Check one: _Individual_Partnership Corporation'_Company
*Note, for Corporations, two corporate officers must sign this document, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
SURETY
By: By:
(Surety Name) Attorney-in-Fact
(All Signatures Shall Be Notarized)
55
CITY OF PALM SPRINGS
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Palm Springs, State of California, and
Tahquitz 41, LLC, a Delaware Limited Liability Company (herein designated as
"Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, dated
, 2015, and identified as Tract Map 32736, hereby referred
to and made a part hereof; and
WHEREAS, Principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and as
Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in
the penal sum of two million two hundred thousand dollars ($ 2,200,000.00) lawful
money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, successors, executors and administrators, jointly and
severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
provisions in the said agreement and any alteration thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Palm Springs, its officers, agents and
employees, as therein stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specked therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anywise affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
56
Performance Bond
Page 2
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on 2015.
SUBDIVIDER:
Tahquitz 41, LLC, a Delaware Limited Liability Company
Check one: _Individual _Partnership_Corporation'_Company
'Note, for Corporations, two corporate officers must sign this document, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
SURETY
By: By:
(Surety Name) Attorney-in-Fact
(All Signatures Shall Be Notarized)
57
CITY OF PALM SPRINGS
BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS
FOR SETTING OF MONUMENTS
WHEREAS, the City Council of the City of Palm Springs, State of California, and
Tahquitz 41, LLC, a Delaware Limited Liability Company (hereinafter designated as
"Principal") have entered into an agreement whereby Principal agrees to set certain
survey monuments, which said agreement, dated _, 2015,
and identified as Tract Mao No. 32736 , is hereby referred to and made a part hereof;
and
WHEREAS, said Principal is required under the terms of said Agreement to
furnish a bond for the faithful performance of said Agreement and the payment of the
engineer or surveyor for the setting of said monuments.
NOW THEREFORE, we, the Principal, and as
Surety, are held and finely bound unto the City of Palm Springs (hereinafter called
"City"), and all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of the aforesaid Agreement with respect to the setting of
monuments, in the penal sum of three thousand dollars ($ 3,000.00), lawful money of
the United States, for materials fumished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such work or labor, and for
the completion of said setting of monuments, that said surety will pay the same in an
amount not exceeding the amount hereinabove set forth, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators,jointly and severally, firmly by these presents.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
The condition of this obligation is such that if the above bonded Principal, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
provisions in the said Agreement respecting the setting of monuments and any
alteration thereof made as therein provided, on his or their part to be kept and
performed at the time and in the manner therein specified, and in all respects according
to their true intent and meaning, and shall indemnify and save harmless the City of Palm
Springs, its officers, agents and employees, as therein stipulated, and shall have
provided to the City evidence that the engineer or surveyor, and all said contractors,
subcontractors, laborers, materialmen, and other persons employed in the performance
of the aforesaid Agreement with respect to the setting of monuments, have been paid
for the setting of monuments, then this obligation becomes null and void; otherwise it
shall be and remain in full force and effect.
58
Monumentation Bond
Page 2
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications.
(Signatures on Next Page)
59
Monumentation Bond
Page 3
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on 2015.
SUBDIVIDER:
Tahqultz 41, LLC, a Delaware Limited Liability Company
Check one:_Individual_Partnership_Corporation* r Company
*Note, for Corporations, two corporate officers must sign this document, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
SURETY
By: By:
(Surety Name) Attomey-in-Fact
(All Signatures Shall Be Notarized)
60
CITY OF PALM SPRINGS
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Palm Springs, State of California, and
Tahquitz 41, LLC, a Delaware Limited Liability Company (hereinafter designated as
"Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, dated
_, 2015, and identified as Tract Map 32763 is hereby referred to
and made a part hereof; and
WHEREAS, under the terms of said agreement, principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Palm Springs to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held
firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the aforesaid agreement
and referred to in the aforesaid Civil Code in the sum of one million one hundred
thousand dollars ($ 1,100,000.00), for materials furnished or labor thereon of any kind, or
for amounts due under the Unemployment Insurance Act with respect to such work or
labor, that said surety will pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond, will pay, in
addition to the face amount thereof, costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,
to be awarded and fixed by the court, and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this bond, and it does hereby
waive notice of any such change, extension, alteration or addition.
61
Labor& Materials Bond
Page 2
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on , 2015,
SUBDIVIDER:
Tahquitz 41, LLC, a Delaware Limited Liability Company
Check one:_Individual_Partnership_Corporation' _Company
'Note, for Corporations, two corporate officers must sign this document, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
SURETY
By: By:
(Surety Name) Attorney-in-Fact
(Ali Signatures Shall Be Notarized)
-6 2
ATTACHMENT 4
63
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING TRACT MAP NO. 32736 AND
ASSOCIATED SUBDIVISION IMPROVEMENT
AGREEMENT WITH TAHQUITZ 41, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, FOR
PROPERTY LOCATED AT 6500 34TH AVENUE, IN
SECTION 20, TOWNSHIP 4 SOUTH, RANGE 5
EAST
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of
August 23, 2006, recommended approval of Tentative Tract Map 32736, subject to
conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its
meeting of October 4, 2006, approved Tentative Tract Map 32736 subject to conditions;
and
WHEREAS, Tahquitz 41, LLC, a Delaware limited liability company, (hereinafter the
"Subdivider'), has filed Tract Map No. 32736 with the City in accordance with Section
66458 of the California Government Code; and
WHEREAS, the Subdivider offers for dedication to the City of Palm Springs an
easement for public utility purposes with the right of ingress and egress for service and
emergency vehicles and personnel over Lot A, Lot D and easement A, all as shown on
Tract Map 32736; and
WHEREAS, required public improvements have not been completed by the
Subdivider as of the filing of Tract Map 32736, and the Subdivider has requested that
the City enter into a Subdivision Improvement Agreement with the Subdivider to
secure the cost of public improvements in accordance with Section 66462 of the
California Government Code.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Tract Map 32736 is in substantial conformance with approved Tentative
Tract Map 32736.
Section 2. Tract Map 32736 is in conformance with the General Plan.
Section 3. Tract Map 32736 conforms to all requirements of the Subdivision Map Act
of the State of California.
64
Section 4. In accordance with Section 66477.1 of the California Government Code,
the offers of dedication to the public on Tract Map 32736 shall be
accepted by the City Clerk, subject to improvement, who shall certify
acceptance by signature on the map thereof.
Section 5. The City Council hereby approves a Subdivision Improvement Agreement
for Tract Map 32736 with the Subdivider, and accepts subdivision
improvement securities in conformance with the requirements therein for
public improvements.
Section 6. The City Manager is hereby authorized to execute the Subdivision
Improvement Agreement with the Subdivider.
Section 7. The City Clerk shall cause to have recorded the Subdivision Improvement
Agreement with the Riverside County Recorder.
Section 8. Requisite conditions associated with Tentative Tract Map 32736 have
been satisfied, or will be satisfied pursuant to the Subdivision
Improvement Agreement for Tract Map 32736 approved herewith.
Section 9. Tract Map 32736 is hereby approved for purposes therein defined.
ADOPTED THIS 151h day of July, 2015.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
65
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on July 15, 2015 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
66