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6/17/2015 - STAFF REPORTS - 2.S.
O� ?ALM S'°4 A. �L V N °v.e.nv "F°A" City Council Staff Report Date: June 17, 2015 CONSENT CALENDAR Subject: APPROVAL OF TRACT MAP 36723 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH ALTA VERDE HOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY MSA Consulting, Inc., representing Alta Verde Homes LLC, a California Limited Liability Company has requested approval of Tract Map 36723 to subdivide a vacant 7.2 acre parcel into 14 single family residential lots. Approval of Tract Map 36723 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 36723 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH ALTA VERDE HOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1000 BOGERT TRAIL, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST." STAFF ANALYSIS: MSA Consulting, Inc., representing Alta Verde Homes LLC, a California Limited Liability Company, (the "Developer"), submitted Tract Map 36723, requesting that the property located at 1000 Bogert Trail, in Section 35, Township 4 South, Range 4 East, be subdivided into 14 single family residential lots. A copy of Tract Map 36723 is included as Attachment 1. At its meeting of November 12, 2014, the Planning Commission recommended approval of Tentative Tract Map 36723, which was subsequently approved by the City Council, subject to conditions, on December 17, 2014. Pursuant to the conditions of approval, the Developer has offered for dedication to the City of Palm Springs easements for public utility and sewer purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over Lots "A" through "D;" ten feet wide z - s . ITEM NO. City Council Staff Report June 17, 2015 - Page 2 Tract Map 36723 public utility easements identified as "10' PUE," along and adjacent to Lots "A" and "B;" a public sewer easement over Lot "E;" and easements for pedestrian purposes over Lots "C" and "D;" and all as shown on Tract Map 36723. Construction of required public improvements associated with Tract Map 36723 have not been completed; an engineer's estimate of the cost of the public improvements to be completed is $1,413,000. 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 2. The City Engineer has determined that required conditions of approval associated with Tentative Tract Map 36723 have been satisfied, that Tract Map 36723 is in substantial conformance with the approved Tentative Tract Map, and that Tract Map 36723 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. ENVIRONMENTAL IMPACT: Tentative Tract Map 36723 was considered a "Project" pursuant to the California Environmental Quality Act ("CEQA") Guidelines. The City, acting as Lead Agency pursuant to CEQA, prepared a Focused Environmental Impact Report (FEIR), identified by State Clearinghouse #2014091078, for Tentative Tract Map 36723. On December 17, 2014, the City Council adopted Resolution No. 23727 certifying the FEIR. Approval of Tract Map 36723 implements the Project as envisioned by Tentative Tract Map 36723, and is therefore consistent with the FEIR previously certified by the City Council, and no further action with regard to CEQA is required to approve Tract Map 36723. FISCAL IMPACT: Approval of Tract Map 36723 will subdivided the currently vacant parcel into 14 single family residential lots. Ultimately, upon completion of the 14 residential homes on these lots, the City will receive yet to be determined additional property tax revenue. Additional, incremental costs for public service will be incurred over time. City Council Staff Report June 17, 2015 - Page 3 Tract Map 36723 SUBMITTED Prepared by: Approved by: Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, D Assistant City Manager/City Engineer City Manager ATTACHMENTS: 1. Map 2. Subdivision Improvement Agreement 3. Resolution ATTACHMENT TRACT MAP 36723 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 3 SHEETS TRACT MAP NO. 36723 lHCW NDER'S STATEMENT - A SUBDIVISION OF PARCEL 2 OF PM 26377, ON FILE IN AI --1N BOON OF MrFS AT POLIES .INE R—wU OF OWNER'S STATEMENT BOOK 189, PAGES 5 AND 6 OF PARCEL MAPS, ME cn cLERR OF lxE FED-or Prul sPRwOs. LOCATED IN THE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 ML HEREBY STATE iOLr WE ME E OWNERS C rlW LSE CONSENT NECE THE sTO PM X OF SECTION 35, T 4 S. R 4 E. S.B.M. "D' SNOYM 11EREUN; SW WE ME THE ONLY RE W CO SENT c ME WRONG 5 MIT REC RD PISS FEE A OUES 1mE DI N U LMO;nUT wE..NI CONSENT To BO GEMO REcoxoma MSA CONSULTING, INC. JANUARY - 2015 PETER>Law,AsscssOR-couxn cLERN-REcoRvav DF MIS sDBDrvrslox uAP M S.W1Hx THE GIsrENnnE m9wR 1Nl. THE REAL PROPERTY USCRMEO BELOW M OEDIMTED AS M FAUMENT FOR PUBLIC RMFOSCS: SURVEYOR'S STATEMENT HEI"" SEM"ENR FOR PUBS C VTUTY MD SEKR PURPOSED.TOGETHER WITH ME MIGHT OF OGRESS SUBOMSION GWRVITE£BY FIRST.WERILW TIRE LWPOM' AND EGRESS FOR SUM[E MA FMFACEKY YFNCLES AND PERSCHNEl. R LOTS'A AND'0', THIS IMP OURS PREPARED BY ME OR CHOSE MY DIRECT SVPEIM90H END IS BAYD UPON A DERMH AS NOWoR$DRET-(S).A SHOWN M11XIN MIS IMP. FLEW gAyEY IN CLWFIXINWCE WN ME REOIIIREMENR OF THE SUBOMSION MW ACT AM LC MOIRANS Ai THE FEWEST OF ALTA YFFLf WIRES. LET,IN ALHOMY OF 2014. THE RW PROPERTY OESCRIM BLOW 5 DEgGIED µ µ E/SEM6R FOR PUBLIC PURPOSES, PUBLC UTILITY µ0 SEWER OUNMEN5 9\MH A '10'RUE'.AMNC µ0 NJRC£NT TO Wn'A' I XFhEB!SIRTE TIUi ILL MONUMENTS ME OF THE CHMNCTER END OCCUPY ME POSIDONS MD V.SHOWN M-MENAIE STMEY(S).AS SHOWN INTENT LOS NM. INUIGTED,OR WILL BE SET IN ALCOIAWCE WITH ME TERMS OF ME MONUMENT KAEEMENT FOR ME MAL:AND TART SNO MONUMENTS ME SUFFCIENT i0 ENMEM ME SUHN£ i0 BE ME DAL PA ERIY DESCRIBED BELOW IS DEU.MG ASµ EASEMENT FOR I..TONEYn S: RELOADED. THE SIDNEY IS ISLE MD COMPLETE AS SHORN. I HEREBY SCALE MILT THIS N611C UTILITY MO SEWER EASEMENTS NN LOTS 'A-MIGNIGH W,INOIISM,M SHOWN M ELEVEMWLY CONFORMS TO THE APPIUMIID OR CONOPCMLLLV APPROAD TEMAIM MM, WITHIN MS MM IF AMYL TAX COLLECTOR'S CERTIFICATE ME HELL PROPERTY CEXRI$O BELOW IS Ofq(:LTEO µ AN GSEMENT FOR PUG'IC R]RPOSES: BEI 3� �/S LAB I HEREBY CERTIFY MIT AL0.WOM�G TO THE RELMV OF THIS OFFICE.AS OF THIS MTL THE SEINES EASEMENT MR LOT'E'.AS SHOW WHIN MS MM, l A/ y a THERE AK NO LIENS AOVMT TIE PROPERTY SHOWN ON ME WNW W➢FOR UNPAD ONE WEL PRSERIY DESCRIBED FLOW 5 DWGGkTM M M ESEMEM FOR PUBLIC PURPOSES YY STATE,COUNTY.MUNILLAL.OR MI TAPES.OR SPECML ASSESSMENM COLLECTED AS EASEMENTS FOR GEDESIFWI NflW5f5 PSR LOTS'C AND 9'.AS SHOWN W"MH M5 MM. LHARLES R.IORRIS .LS.RMEN TAPES,NICEPT TAMES OR EPECML 0.55ESS .ONA EC1W AS 1.15 NOW A LIEN BID EMP. 13/JI/IS w NOT YET W M E,WHICH ME ES"WTED TO BE S Sq SM TWO __ $� }'j [MnFtv;;W WO—NM&W^Y M+Pf MGWMW NtI.YnYena ,y WC HONEST RETMN LOTS A AND M',SHOWN M YFRNATE SIREET(5), yA OA1E0: MGY .9 .z015 WW!<eWnvlW FOR PRNATE USE FOR ME 501E SENEAT OF WRSELFES OUR SUCCESSORS.ASSYJNEES 'Ve MD LOT OWNERS WMIN MIS MW. CF OUR VENT CWNh TM COLLECTOR WE TESTIFIED WTMN FOR STORM OMN PURNMELS,M EASEMENT MR THEE EASEMENTS SHOWN AS'10' NE',AS SHOWN WITHIN ME W.FOR ME SURE USE OF OURSELFES. OUR s1q¢ssoRs.ASSNMEES MD LOT OWMERS WON MIS MAR CTfY SURVEYOR'S STATEMENT BE: - _ _'_9=- - oEPUTY NE I.WETMN FOR DMMWE PURPOSES.ME 1O DRIY.FA ..MR LOT 13.AS I HEREW STATE TUT I INYF EMNINEO THE WIIMN EM OF TRACT WP NO 36723, - SHOWN W x MIN MI5 MINE,MET THE SOLE USE OF OURSELKS,OUR SUCCESSOR'.MOGNEES MO CONSISTING OF J SEMO,NET ME SUBORMON SOWN HEREON 6 SURSTMTL4LY THE LOT ORIOLES WITHIN MI5 N P SANE AS IT MPEERED ON ME TERI MAP M MT MPRMD KTERAIICNS NERVE: TAX BOND CERTIFICATE MAT HL PRWSIOIS OF ME STATE SOME ON MefP ACT µD WHY LOCK ORGNMCEE NE EMERY REIMN FOR OPEN SEWCE UHDSMPE MD STORM DISM NOOSES.LOTS'C' MPIKMLE AT ME TIME OF MPWYK OF THE IENIAME IMP IMME BEEN COM CED WITH: I HERESY CERTRY TINT A BONG W ME SUM Of S 10� WS M.DECIDED THROUGH Y"INSWORE, FOR TIE SUE USE OF WRSELWS,pA SVCOSSCNs.M94NEES MD WHO TMT I AM S0LI6FIEO MIT YA WP IS TECHNICALLY WMRECI, µD FILED WITH ME WORD OF SUPERVISORS OF THE CWNn OF RNIEST 1DE.CALFVNU LOT OWNERS WRIN THIS MM, CONDITIONED UPON ME PAYMENT OF ALL TMES STATE CWNIY.MUNICIPAL OR LOGE .EO MO ELL SPECIAL ISSESSMEMS COLLECTED AS TMES.WAND AT ME TIME OF FNNC OF ALTA VERDE HOMES, LLC T"IG Mw WIN THE COLDLY RECoaoER ARE A LEN A RST SPO PROPERTY OUT NOT YET A VLFOMU CODES LMBIun COM. (000 WYAHIE MO wD BOLO EMS NEn WLV MPROVEO EY SOLO BWA CF SUPERVISORSMMCUS LNLLER. PLS.INC RY EMP. EO: MWY Iq ,10/5 GASI iM POND HR-I DW 'f N. A aMw—�A!WWc DOW NENI GTE1NCOUNTY TM CIN. BY: UNTY CITY CLERK'S STATEMENT IDES MON NON.NET F CLOW MO EX-O OR)ASSESSOR OF ME Cm.1 OF ME BENEFICIARY CITY OF PAW SPENDS,STATE CF CLLIFCW"1A HEREBY STATE TAT SWD ON COUNCIL AT In RECUVR NEEDED FEW ON ME MY OF . zO DULY FARMERS S NEROUNrs BEHH OF MENG RGCH,A CALFORNU CORPOOMIN.BEREILMEY PER NEED MERORW ME WITHIN HIM OF TRACT NO W 36M,AND NO ACCEPT ON BEHALF Of MESOILS REPORT OF IROST REONAED JMMAOM 29.2GI5.AS IxsTRwEM W. 2015-0. 91,M OFFRYK RECORDED PU41L.ME OFFER OF EASEMENTS MR WIS W AND'B', SHOW M WHATE STREET-n). OF MNERSIU COUNTY.CWFORNU OFFERED FOR PUBLICUTUTY MD SEWER PURPOSES,TOGETHER WIN ME RIGHT OF INGRESS MN PUMP.TO SECTION MOO OF SUBON9ON WP ACT,A PRDTAIMMY SUITS EGRESS FOR SEWICE AND EMERGENCY REFINES WM PERSONNEL:ME UEE METS SHOWN M'TO' REPORT.DOCUMENT W. 1I-11-702,FILL Eq. 12WI-01,WAS PREPARED NE',KONG MU µLLACEM TO LOTS'A�MI'B',SHOWN 0 EPRFATE STI OF ELI'(S), FERED FOR BY EMM SYSTEMS SOUINNEST,MIET NBE DON R 19.2014, RY: _ BY; CYW TO..1MO SEWER PLIffOs6;ONE OFFER OF FOIARNS MR 1.W MRWON V' NO IS M FILE WH ME CITY OF PALM SPRINGS,ENGINEERED CEPARMENT / IWCLUSNE OFFERED FOR PUBLIC UTILITY WHO SEWER PURPOSS.AND ME OFFER OF M EMELEq MR LOT F.OFFERED FOR SEWER WN 0.N1 M OEMGTW µ0 SHOWN WRWN M5 RAP. THE TENTAUFT WP FOR w0 TRMT MAP WAS MPRUSD BY ME an CaNCLL AT FS FECUUA MEETING"ETD ON THE t]M WY OF OECEMER.2014. NOTARY'S ACKNOWLEDGMENT DITEEZ a: ary CLERK AND D-amYlO PKMSPRINGS ASSESSOROF THE SEE sHSHEETm M z c caa an a L OF ME SIGNATURE OMISSIONS SEE STIR 2 J.N. 2112 SHEET 2 OF 3 SHEETS IN THE CITY OF PALM SPRINGS. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 36723 A SUBDIVISION OF PARCEL 2 Of PM 26377, ON FILE IN BOOK 189, PAGES 5 AND 6 OF PARCEL MAPS, LOCATED IN THE SW 114 OF THE NW 114 OF THE SE 114 OF SECTION 35, T 4 S, R 4 E, S.B.M. MSA CGNSUL77NG, INC. JANUARY - 2015 NOTARY'S ACKNOWLEDGMENT NOTARY'S ACKNOWLEDGMENT SURVEYOR'S NOTES A NOrµ1 PUBIN,OR OTHER O—ER CO4PUU1Nc-1 CENnl—1 WDUES ONLY n1E AEINIrc A NOTURY PU911C OR UNDER OFFICER COMPUMNI THIS CERTIFEATE KRFIES oxLr 1Xf IIXMRY WE INNS OF OEMNUS FOR MI IMP Is ME SCUMERLr -MC OF 6 ME lxomg4l N1N slcuED ME DOCUMENT rU TTWOR Ma CESCUP 5 arrOLNED.wU OF ME DOEI 1MIO STOW ME CaWYEur TO wXICH THIS CERCH-1 Is ATT . .w0 THE sauilMEsr W QIER(I/)a ME NCMXNESr aLWIIER (1/e)OF ME SCUMEAlT HOT ME TRUTHFULNESS.XCURACI,OR vwWY OF Mir MCURRI 1qr ME TRUTHFULNESS,.LLC I ON vilG1V OF LINT DaRS., oINRIFR(1/e)Cf sFWOx]S, NUUM 1p a s01IM. RAxCE a OF B sB.u..As SHOWN OH NM x0.)OF ON ONFRE M BOCN NIRP Ai PMSS HER 4 OF W➢s. SOC E OF CIL.D. ) STATE OF CWFO M. ) iµFN 0.5: N SOFFIT MI E /n� ss • INDIGrES FWXO MONUMENT A$xTEO COUNT,OFYC/UMS/R/<- )� couxlr OF ORANWe ) <t I-I.P.rts SEr T.Ls we9'. FEES". UNLESS NOTED JTHRMNISE aEFDRE ME�tc 4� T Nr A XOTMY W&LC. ON MITI 14,1A5 BEFORE ME_ B I KHIVNA A xorARY Pu9uc O TOR pCRSMVLY A➢TIRm R�JK✓ N qq<�' PENSCR.LLLY AIHMED PWILlitle I-WW1WN A INDICATES SET 1-1/4 BRASS DISK srwNED'P.LS.e9R9', NATOFNOVED iO YE ON ME BASIS Of SiTEFACIg1Y EVOENCE TO BE WE KHSCN(s)NN E NI MPEC r0 ME ON E 54SK OF SArDFICTIX�I PARENTE TO BE ME PER�SN!)1f M1105E iLISN.MI 0.C.PI(RN.CO. srC.COPE'E'NI W.ME(S)a/µE SR ISCRIED TO THE w11Wx INsrRUN ENT AND ACKx�X ..TO ME LINT NRAE(JJ Is//8E WMRHD TO ME WITHIN ITDORL.ENr µ0 AC.KNAYLE➢GEO TO YE r1MT UNLESS NOTE OTHER UEF HE/SHE/MEr EMEInE ME YlE IN xrs/xEN/1xElR w1NWM13m ClPAC11Y0Es).AND RMr IT xE/SN[/IHEY EFEPIRD ME SWE Ix na/11•t/TXEh aPWSSD GPACM(I[dJ,AVD TINT BF (_) Ix01uR5 REcgtO w1A xaMER/RIEIR WNATURE(s)ON ME INSTRUYENT ME PERSox(s).OR ME EMIIY IPCN NEWLLf Ha/xTR/TT^SIGNATURE(p)ON ME IN TTEEMENT ME PERSENR ,OR ME ENMY U BEINLF OF MUCH ME PERSCN(S)ACTED,EXECUTED ME INSTRUMENT. OF MMCX ME PERSON(;6 Mrm,E]ECUTE ME INSTRUMENT RI INdUIES RFCpio DATA PER PM RII PEN I"/5-6 I CENntt UNDER III OF PETULANT UNDER WE LAW$BF ME STATE OF C UINM MAT WE I CERTIFY UNDER TERI OF MOULTOr(UNDER ME UWs OF ME STATE OF GUIURHM MAT THE RD INgG1Es RECORD DAra PER TO MA'No,1 H.NB]B1/11-19 ICKOUMC P.RI➢x Is MILE AND[OR .. FOFOT.PARILMAI IS TRUE w0 CORRECT. MY NYNSOCH EKPIRFE !I MY PNNOPK PI OF BUSINESS W ISSdI SH FXPMES 1B(1.'1.1oIG MY P,R.N�K�IPA KkCE OF SUSHI R] INDKAIES RECORD DATA PER TH.1M No. 16149.NO 116/3-6 MYµ N1ME5S HD AND D C/NL sFll. a URRI .,IS MI NWO ART.111.SEAL. IS Mr.FNm C., Q MOI CENIERUNE ti!/w,r✓ F/94/ �3/3 rf� _ 7-0�55 RI IwlurEs acnr-oF-war NUI KENTO M N!D I——U STATE NOtaT"CO4YISSKN N0. HOi µD fCq yD SIAIE NORM!CdY65KKl HE /tle G<: T.i7(PRMT . 10KA`�rsHI K,MTn R) RN —Ip PUT INCR NFUC L PNEM CEDUIED HEREW FOR MAME) (P1Y PEORI Umm PURPOSES SR MIL AND iw IN CURB ON THE PROmNCATION OF NL S1DE UNITS. STARTED T.LS.4NNI IN UN OF THE FROM LOT CG2NEN5. EASEMENT NOTES LEr I'I.P.BTM PIAMIC PLIJO STRAINED 9LS,I969'.SET Ma MID CAC IN CONIC,FNTNG STAMPED T'LS e969'OR NNL THE TM IN QYESI SUCCESSOR TO OLLECRXw RAPIER NA TELEPHONE COMI PER INST.W. 79P71.REC FENCING WiERLLL,CALLED 9.L5,i909'.AS aPPROPRwTE,Ar RFPA NOTARY'S ACKNOWLEDGMENT 7/9Ass.D.R. LOT OdiNERS wD RADR PEUM UNLESS OTXENOTSE HOMO Tm/L mas FREE.).am.TCRS A N.C.wBt¢CR OTHER OFFICER COYRfnNG THIS CERIIFMATE-ECTRIs 041Y ME STMORY NES•DIIW./IAII®®LMIS- Tw IOIS CP ME IxOmDUIL W1p S.R.THE bJL NEVI TO YMN11 THIS CONT ICATE Is AIrAOTED,AND LEF1fl®POKATC S1NQ.T M113-Y LOTS NOT,ME TXUTHFU1NEss,ACCUWGY.M v `C,OF MAr WCLNENE OPEN SPACE LOTS-]LOTS SCAR OF.... )SS 27 6 2s COUXIY OF LECIIIINSaIES ]ON /nfy//3.-RBIs . BEFORE ME -',L.r.fBSt A NO.NRUC PENsawLr APPNaE�'b�llY�J SIGNATURE OMISSIONS WMo PROVED TO ME ON ME.-4 a SARSFASIUNY'1UENFF r0 BE ME PERSON($)wxosE NNNI LS/AGE SUBSCRIBE TO ME NRXIN IM1STRUMI AND K NCw1EDCm TO ME MAT PURSBANT TO SECTION M4M OF ME sUBg TH NSTCN MAP ACT. E SIGIUTURE(S) HE/S F%ER S E/CHU UD ME E IN HIS HER/MER*LMONIZE P3PMYTr(IEs).AND DMT BY p ]{ OF M FIXLOflNC OMSER(s)OF E MENCS MIO/M OTHER INTERESTS IMYE HIs/IEP/CXEIR sICINNFE(s)ON ME INSTRUMENT THE INERSCM(5),OR TIT[WITTY UPON III34 \` ^Yj( 36 BEEN ONTITE➢,AS MEN INTERESTS fµNOT OPEN INTO FEE. OF WXKl1 ME I'EflSGN'S)MiFD.UECIIIEa nE INSDNNFNt 1 L[9JW NCRSSM IN MIERESC N CWfORMA WTW µ)T➢FFUM1Y CCEVIM',MXMR OF M I CERTIFY UNUER PEWUTY OF PERJURY UNDER ME LRC OF THE SCARE OF COLIMON.THI ME MR EASEMENT FOR A 1ElEPKXIE SYSTEM PER INST.No.A.".REC.]/9/6S. R. FOREOONC PAPA(AMX 5 TRUE MID CORRECT. IT W COMMISSION EXPRES j,,.V,'yYWP MYPRINEIPM RACE OF BUSINESS .WasII MMs MI..OFIICVL SSfEAALL S].LcaI COUNM1 G^MxM&�wOR 540 STaE 19823149 . VIOMM ST. i COWIII NO. Tl. NONE) _ (PONTueME) ' J.N. 21J2 1 TR. MAP 30046 mT W D -' - - — bwaiss�/waEw 34 M.B. 387/13-19 41w]e . a2 SHEET 3 OF 3 SHEETS 32 33 Ir IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA i TRACT MAP NO. 36723 E Ym'(.a m'Iui N , 67 mm("' oEw'srt°xvz°N A SUBDIVISION OF PARCEL 2 OF PM 26377, ON FILE /N 4 sa BOOK 189, PAGES 5 AND 6 OF PARCEL MAPS, LOCATED /N THE SW 114 OF THE NW 114 OF THE SE 114 ° s7 ag 6 M OF SECTION 35, T 4 S, R 4 E, S.B. . 1t s g' 6°� a w a a x•�P°• MSA CONSULTING, INc JANUARY - 2015 o $ O 8 6 aaz J WfiVE DATA MONUMENT NOTES 66 Iry m x cassx [ �eex t¢ c♦ ` x \\ 51 xE,t.KR x%ncv. LOT•B•o.,_e x a"ss'>6 E � LEEA TERRACE m arnxrt smrcrl � ,3¢,e �m w/vusM nuc n.Nnm xs zsme•rwsn RER R - '¢Rh-e.,canm rs vx roR.Rum ___ ____vvx' w st 11.01 °rvc mwn M£x5nw'wl.°.S rtx 0 52 cis sv we Iw/s-e.,cans°a rx ceR.a Rwaca zl. 14 TO1n E �. ��� levw ;; ©m �R.w ..tea we svurr¢ma xsnse ausr. I-_8 m 2 ca v.« �¢.Js-e Ne av/u-le. °ss xw mR.s gyp. v so vR1ew /..sE v..nc.z. �0 i °m.T00.YMiCEimEFwl""' I_ 41I� �I -g y\ .wu �'- OO n � rump nFs.lar w...nm.s '� Gf\'�'1 2 QOP b,5�yl 13 ul �I m.�lo s f Rus'm nw norm vu um'. /I' .R. bd L I LEE DATA R z. gR � x I R w l u �I R I — X�w ❑r'r"wlm uPs�mers x�ru�]ffa��w/s-sew-r wiu Ix e l u _ m R^ 1 p m Q m.��Er /eusnc vuc nuw[v 1a xsevs-rwsN rm YsE E P u Sn mJ 1 / I\a IR,]nl sr m w «,n Rue lev/s-4 ucrvrm,5 xE mT Mrta1 I. R a . lesn ss -wl 1 I 'at t, 63 I 91 3_I 1¢.n' - 54 x HInu c DETAL•A•�12 N 1 AT L[R eEE DEfAL•B• AT IkFT it DETAI A• D TT1. xLOTs-C• olsi LOT•D• 1. I[Kx mr[1'°M _ xmww v.z' x e.r w uw - 4eR iattn' o m Aso' xm' -- - ---- TRAL --s—Tl x sVJE 1•=50. ®- _ 81ElT 4 FM EA6EMQlf ROTES BEE EHf}T 2 FOR BURVEYONB HOlEB J.N. 21]2.G02 ATTACHMENT SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and Alta Verde Homes LLC, a California Limited Liability Company TABLE OF CONTENTS 1. Construction Obligations... ............... ................. ............................. ..................2 1.1 Works of improvement........................................................................... 2 1.2 Other Obligations Referenced In Conditions of Tentative Map 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......................... ......-1.........3 1.10 Documents Available at the Site........ ....................................... .........3 lAlInspection ....... .......... .................................... ..........................................4 1.12 Compliance with Low..... ......... .................... ......................................4 1.13 Suspension of Work...... .............................. ......................................... 4 1.14 Final Acceptance of Works of Improvement..............................................4 2. Time for Performance... .............................. ...................................... 5 21 Commencement and Completion Dates....................................................5 2.2 Phasing Requirements.................................. ............ ............................... 5 23 Force Majeure...................................... .............................................-......5 2A 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 Subdividers Liability ...... ......................... ...... ................ 8 4.4 Letters of Credit.......................... ................... 9 4.5 Release of Security Instruments................................................... ............9 I 5. Cost of Construction and Provision of Inspection Service ...,......................—................. ................................ ......... ..................... 10 5.1 Subdivider Responsible for All Related Costs of Construction................-..... ....................................—............................. 10 5.2 Payment to City for Cost of Related Inspection and Engineering Services............. ........... .......... ...... ............................ 10 6. Acceptance of Offers of Dedication................................. ........ ............ 10 7. Warranty of Work................................................................ ............ .................. 10 8. Default...... .................. ...... ............. .............. ....... ...... 11 8.1 Remedies Not Exclusive......... .............. .......... .......... .................... 11 8.2 City Right to Perform Work...... .......................... .................................... 11 8,3 Attorneys Fees and Costs.....................---............................... ........... 11 9. Indemnity...................................-....................... ............. .......—................... 11 10 General Provisions............................ ...................... ........ ................................ 12 10.1 Successors and Assigns......... .................... ..................... ............... 12 10.2 No Third Party Beneficiaries........ .... ......................... -----......I......... 12 10.3 Entire Agreement;Waivers and Amendments......................................... 12 11. Corporate Auftft ..................................... ........... ................................— 12 2 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this Lr'T day of Ator-/ , 2015, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and Alta Verde Homes LLC, a California Limited Liability Company (Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 36723 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 Properly (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: easements for public utility and sewer purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over lots "A" and "B"; Public utility and sewer easements shown as "10' PUE", along and adjacent to lots "A" and "B"; Public utility and sewer easements over lots "A" through "D", inclusive; Sewer easement over lot "E" and Easements for pedestrian purposes over lots"C"and "D". C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvemenr (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 1 water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is$1, 413, 000.00 1.2 Other Obligations Referenced in Conditions of Tentative Man 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 fumished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 2 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as 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. 3 The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Comoletion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (301 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 4 designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, Flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to 5 Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdividers performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Workers Compensation. Subdivider shall cause every contractor and 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. Securitv. 4.1 Reouired Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter"Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of 6 $1,413,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument) with respect to the Works of Improvement in an amount equal to $706,500.00 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$7,000.00 equal to 100% of the costthereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Reguired 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 $211,950.00 equal to 151/6 of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Bests Key Rating Guide published by A.M. Best's Company, Oidwick, 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) 7 days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Reguirements 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. 8 (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 9 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdividers 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 10 default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorneys fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorneys fees and costs. Such attorneys fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorneys fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorneys 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 N Third Party Benefr ' ries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. I 10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Coroorate Authoritv.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (lii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) 12 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: 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: Alta Verde Homes LLC, a California Limited Liability Company Check one:_Individual_Partnership_Corporabion'_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: V1l.0 4t sec s e iAYT Tide: (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 Mailing Address: Z&S 6MMATCa 40067 ci ub ikc---91-00 U—— (fax) 14 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 California } County of Los Angeles } On May 27, 2015 before me, Madelyn Ly-Ian Vo, Notary Public- California personally appeared David Kivitz ONLY who proved to me on the basis of satisfactory evidence to be the person(*) whose name($) isl4p subscribed to the within instrument and acknowledged to me that he/ebeig" executed the same in his/lllbriAli t authorized capacity(fMta), and that by his/ W144 fr signature(t) on the instrument the person(%), or the entity upon behalf of which the person(t) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MAOELYN LY-LAN VO WITNESS my hand and official seal. _ comtrtwwn•Sat No"Pttblk-ONHsrlds Los Meals County //f B� //,-, 1 i /iL— M Gaston.Ea Ira Jun 22.2017 `'NNotary Po�il/Sig /trel/` �/p (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This fwm complies with current Califomia manses regarding rotary warding and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed.should be completed sad attached to the document Acknowledgments from other stares may be compkkd fw documents being sent to that state so long Subdivision Improvement Agreement as the warding does not require the Cal fwnm nary to violate Califwnta norary Imr. obeor daza4' nafattechedskcanem) • State and County information must be the Stone and County where the document Alta Verde Homes, LLC signer(s)personally appeared before the notary public fw acknowledgment. • Dale of tmlarimtion must be the date that the signcr(s)personally appeared which (title a description of attached dactxtseot continued) must also be the same date the acknowledgment is completed, Number of Pages 17 Document Date SQ712015 • The notary public must prim his a her arse as it appears within his or her commission followed by a comma and lkn your title(notary public). • Print the names) of documrnt sigrtcifs) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the convect singular or plural forms by crossing off incorrect forms(i.e. hidsh&Vmy,-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording ❑ Corporate Officer • The notary seal impression must be clew and photographically reproducible. Impression must not cover text or lino. If seal impression smudges,reseal if a (Tifle) sufficient area pemtits,otherwise complete a different acknowledgment farm. ❑ Partner(s) • Signature of the notary public mow match the signature on rile with the office of the county ekd:. ❑ Attomey-in-Fact t Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is no misused or attached to a different document. ❑ Other 'e Indicate title or type of attached document,number(Irpages and date. 8 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title tic.CEO,CFO,Secretary). 2015 Version www NotaryCiasses corn 800-873-9a65 Securely attach this document to the signed documcM with a staple. 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 DCORPORATE NAME(S) OF SIGNER(S) OFFICER(S) ❑ 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 EXHIBIT"A" TRACT MAP 36723 LEGAL DESCRIPTION Tract Map No. 36723, as recorded in Map Book_, Pages through inclusive, records of Riverside County, California. 16 N s1 1 9 Nib N My i N� E � �gVill � ����9� R��a .11111 111 a IIa' C b gg 1 r 110 �� N,3N � p p p 'Jill$�}6 3 � R� b b bib Vill ICL is 101XI 11 Vq will pit III CY'S a gg � 333e 99 n d [ XP[ N¢ $1 N V1 w i gig will W %1 9 F 1!b 9 N N Rall a a, Ali 11 2 1 gQRBR : �� I Ali �R•�� � � 4x� t i Q� a a �Qp�' ( a• all I o 21 ism : R x 9 as Y 11 dy� �L Rallll A�p� Z� R sFB Cps d v M lit W� E v 1A 1 V g N x $ k w R 4� �� r � lg 0€ E 3 g o o • 121 l, � Jt a I I I I 10 'k In J G s 61 t 'k € € € € J's i t q R m # G� RR p i {, s u� o a$ i I �jj� a aka �an � a 6 Y G T q N � a u 4 v v J TR. 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N $ , V� ♦ na.. d 1 v m,A,•x..nlwrz wv..vatlerrArgtl iJe 1 1 _ IPA WTA i rv..w r aV,�r..m�m.s mr.v Iwr I Q Ir wr 1 nar �° '°'w' p,s,•u.sw nl.\rwr rwMrravn,-x. • I morfm.w Ww+/af v6 a4.r6 ---4 $ I 1 e 1 — Omar rla srrvuw/evxm xuw I 1 I � 1 r.rrV.lr er•nwgti rM 1 CC M 1 I 6R ORTAL•A' 1 API 2jh�R!!D6TAL s AT L!T \ I gC\ / AT LEFT I I I 1 � �2 ♦ I d n 1 ETAL A trwl• a mm rrc LOT•C'Axr c LOT VI 4...< -__-__ 1___-- atLf Iu�J.}I (fw f•.O Im rm mos >r Iw<rP• .'/r.M fs�a IwOila�,er M (� w IN wIFrIW Yrr.a �•�— - _ — rv.�------ ---- __ T Tom_-------I-- tilIIL 1•-O ________.. lR lOM GA6MO 1A)TR !R MRT!POR DIlIYOVOW6 Nam I.N. 2171662 EXHIBIT"B" TENTATIVE TRACT MAP 36723 CONDITIONS OF APPROVAL 17 Resolution No.23727 Page EXHIBIT A CASE: 5.1342 PDD 371 /3.3748-MAJ&TTM 36723—ALTA VERDE HOMES, LLC December 17, 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 'I. Protect Description. This approval is for the project described per Case 5.1342-PD 371/3.3748-MAJ & TTM 36723; 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 August 19, 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 an Codes gnd 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 S. Tentative Mao. This approval is for Tentative Tract Map 36723 located at 1000 Bogert Trail, date stamped August 11, 2014. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. ADM 6. Indemnification, The owner shall defend, indemnify, and hold harmless the City of Palen 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 G C)Resolution No,23727 Page 7 Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1342-PD 371/3.3748-MAJ & TTM 36723. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, Indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 7. Maintenance and Repair. The property owners) 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 8. T ne Limit on Ao4roval. Approval of the Planned Development District PDD 371 Tentative Tract Map 36723 and Major Architectural Applications 3.3748- 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 9. Rieht 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 10. Py_41 Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4%for residential projects with first $100,000 of total building permit valuation for Individual single-family units exempt Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts ReSoloUon No.23727 Page 8 Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 11. 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 12. Tribal Fees Required. As the property is located within Agua Caliente Indian Reservation, the applicant shall pay the Valley Floor Planning Area Mitigation Fee prior to Issuance of Building Permits. This fee shall be paid to the Tribe for the development of this property, as required by the Tribal Habitat Conservation Plan. ADM 13. C&R' . 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 successordn-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 City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances, Resolution No. 23727 Page 9 ADM 14. CC&R's DepOSlts & 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 IS. CFD. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Facilities Disbict (CFD) under the authority of Government Code Section 53311 at seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually per dwelling unit or dwelling unit equivalency unit, subject to an annual consumer price index escalator. The district shag be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. All the Mitigation Measures contained in the Focused EIR shall be part of the conditions of approval. ENV 2. Coachella Valley MuftWp-Species Habitat Conservation Plan (CVMSHCPI Local Development Mitigation Fee (LDMFi reauired. All projects within the City of Palm Springs, not within the Ague Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the Issuance of certificate of occupancy. ENV 3. California Fish &Game Felts Required. 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 Ming the action with the County Recorder shall be submitted by the applicant to the City in the fora of a money order or a cashier's check payable to the RiveErgide 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 shag 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.dfc.ca.00v for more information. ENV 4. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shag submit a signed agreement that the mitigation measures outlined as part of the EIR will be included In the Resolution No.23727 Page 10 plans prior to City Council consideration of the environmental assessment. Mitigation measures are defined in the approved project description. ENV 5. 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. ENV S. Mural Resource ite 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. ENV 7. 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 recordstupdates 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. do ' htin Conformance. Exterior lighting plans, including a photometric site plan showing the project's 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 pennk. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shalt be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Water Eclent Landscaoing 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. Resolution No.23727 Page 17 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. PLN 3. Submittal of Final PDD. The Final Planned Development plans shall be submitted in accordance with Section 94.03.00 (Planned Development District) of the Zoning Ordinance. Final development plans shall include she plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission and Planning Department. Final Planned Development District applications must be submitted within two (2) years of the City Council approval of the preliminary planned development district. PLN 4. Sion 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. PLN 5. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for Tool 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 6. 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 7. 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 8. Pool Enclosure Approval 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 9. 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'/ Resolution No. 23727 Page 12 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. PLN 10. Provide'smart controllers for all irrigation systems. PLN 11. Pre-wire all units for photovoltaic rooftop units. PLN 12. The maximum height of perimeter walls shall not exceed six (6) feet. (Added by PC on November 12, 2014) FIRE DEPARTMENT CONDITIONS These Fire Department conditions may not provide all requirements. Detailed plans are still required for review. FID 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 June 2, 2014.Additional requirements may be required at that time based on revisions to site plans. FID 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. FID 3 PLANS AND PERMITS Complete plans for private fire service mains or fire sprinkler systems should be submitted for approval well in advance of installation. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E.Tahqultz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM—6:00 PM, Monday—Thursday C 0 Resolution No.23727 Page 13 A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. The minimum fee is $ 208.00. Inspection fees are charged at the fully burdened hourly rate of the fire inspector. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall indicate all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supportive data (calculations and manufacturer's technical data sheets) shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FID 4 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. FID 5 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 V4 inch). Approved security gales 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, 0 Resolution No.23727 Page 14 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 code 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. FID 6 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. • 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. • Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 24 foot clear width. Red curb shall be stenciled "NO PARKING"and"FIRE LANE"with white paint. 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 43 feel from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 94-02. FID 7 Surface (CFC 503.Z3): 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. FID 8 Fire Hydrant Flow and Number of Fire Hydrants (CFC 508.6): 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) FID 9 Operational Fire Hydrant(s) (CFC 606.1, 508.5.1 & 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. Resolution No.23727 Page 15 FID 10 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. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section 11 of Chapter 8.04 "Building Security Codes"of the Palm Springs Municipal Code. ENGINEERING DEPARTMENT CONDITIONS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit, Work shall be allowed according to Resolution 17950 — Restricting Street Work on Major and Secondary Thoroughfares. ENG 2. Submit street improvement plans prepared by a registered Califomia civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from the Planning Department. B. All agreements and improvement plans approved by City Engineer, BOGERT TRAIL ENG 3. The Main Entry(Street"A") shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have a minimum width of 59 feet or as approved by the City Engineer. ENG 4. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 5. Construct a 6 inch curb and gutter, 20 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200 and 206, ENG 6. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the Main Entry (Street "A") in Resolution No.23727 Page 16 accordance with City of Palm Springs Standard Drawing No. 214 and 212A. ENG 7. Remove and replace existing pavement with a minimum pavement section of 3 inches asphalt concrete 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 to clean sawcut edge of pavement along the entire Bogert Trail frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. 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. PRIVATE STREET"A" ENG 8. Dedicate an easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private street. ENG 9. Construct a minimum pavement section of 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. (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.) ENG 10. Construct a wedge curb, with the back of the wedge curb located 18.5 feet from both sides of centerline along the Street "A" frontage with 25' foot radius curb retums and spandrels as required per City of Palm Springs Standard Drawing No. 200 and 206. ENG 11. Construct a 6 feet wide cross gutter as required from Lot "C" to the southwest comer of Street A"and Street W. ENG 12. Construct a street knuckle at the intersection of Street "A" and Street "B" per City of Palen Springs Standard Drawing No. 104. ENG 13. Construct minimum 10 feet wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201. ENG 14. The gated 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 IJ v,+ Resolution No.23727 Page 17 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. A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries shall utilize a combination of a Tomar Strobeswhch'"k, or approved equal, and an approved Knox key electric switch when required by the fire code official. Secured non-automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of inch) when required by the fire code official. 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. PRIVATE STREET"B" ENG 15. Dedicate an easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private street ENG 16. Construct a minimum pavement section of 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. (If an alternative pavement section is proposed, the proposed pavement section shall be designed by a Callfomla registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.) ENG 17. Construct a wedge curb, with the back of the wedge curb located 18.5 feel from both sides of centerline along the Street "A" frontage with 25' foot radius curb returns and spandrels as required per City of Palm Springs Standard Drawing No. 200 and 206. ENG 18. Construct a 6 feet wide cross gutter as required from Lot "C" to the southwest comer of Street"A"and Street"B". ENG 19 All on-site cul-de-sacs shall be consbucted in accordance with City of Palm Springs Standard Drawing No. 101, curb portion only. The proposed center island within the cul-de-sac shall not exceed twenty feet (20') in diameter. Construct all cul-de-sacs with a minimum curb radius of 43 feet throughout the cul-de-sac bulb. Resolulbn No.23727 Page 18 ENG. 20 Construct a street knuckle at the intersection of Street "A" and Street "13" per City of Palm Springs Standard Drawing No, 104. ENG. 21 Construct minimum 10 feet wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201. SANITARY SEWER ENG. 22 All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. ENG. 23 Construct an 8 inch V.C.P. sewer main across Private street"A"and "8"of the Tentative Tract Map 36723 frontages, located 5 feet from centerline or as required by the City Engineer. Connection of Sewer System shall be made thru Lot "C", and connect to existing 8" sewer Main located in Lot "P" of Tract Map 3Dt146. ENG. 24 Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. ENG. 25 All sewer mains constructed by the developer and to become part of the City sewer system shall be digitally video recorded (Developer shall contact City treatment plant facility for acceptable digital video format)and submitted to the City for review prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall.be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. ENG. 26 Upon completion of the construction of public sewer lines, an as-built drawing in digital format shall be provided to the City as required by the City Engineer, if the sewer was not constructed in accordance with the original approved sewer plans. GRADING ENG. 27 Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. 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 Resolution No. 23727 Page 19 Municipal Code, and shall be required to utilize one or more"Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10' Dust Control issues, please contact AQMD at (909) 396-3752. or at httoJ/www.AQMD aov. 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 Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. ENG. 28 Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Aqua 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, N 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. ENG. 29 In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color, green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG. 30 In accordance with City of Palm Springs Municipal Code, Section 8.50.D22 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed at the time of issuance of grading permit for <:} Resolution No 23727 Page 20 mitigation measures for erosion/blowsand relating to this property and development ENG. 31 A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be requited for and incorporated as an integral part of the grading plan for the proposed development. A copy of the GeotechnicauSoils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. ENG. 32 A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. ENG. 33 A Notice of Intent (NOi) to comply with the California General Construction Stonnwater Permit (Water Quality Order 2009-0009-DWO as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. 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 or building permit. ENG. 33 This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-speck Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up-to- date SWPPP shall be kept at the project site and be available for review upon request. ENG. 34 In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved 'Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-77"208). WATER QUALITY MANAGEMENT PLAN ENG. 35 This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Resolution No, 23727 Page 21 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 contaminated stormwater and non-stormwater runoff, shall 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 contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate stone sewer system ("MS41, to the satisfaction of the City Engineer and the RWQCB. 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 (if any). ENG. 36 A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within the underground parking garage and the on-site private drive aisles. Direct release of nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG. 37 Prior to Issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement"with the County-Clerk Recorder or other instrument on a standardized fort to inform future property owners of the requirement to implement the approved Final Project- Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project- Specific WQMP include: requiring the implementation of the Final Project- Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project- Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. ENG. 38 Prior to Issuance of certificate of occupancy or final City approvals (OR of "final" approval by City), the applicant shall: a. Demonstrate that all structural BMPs have been constructed and Installed in conformance with approved plans and specifications; Resolution No.23727 Page 22 b. Demonstrate that applicant is prepared to implement all non- structural BMPs Included in the approved Final Project-Specific Water Quality Management Plan (WQMP), conditions of approval, or gradingibuilding permit conditions; and C. Demonstrate that an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable). DRAINAGE ENG. 39. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shalt be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention, ENG.40 Direct release of on-site nuisance water or stormwater runoff shall not be Permitted to Bogert Trail. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains ENG. 41 This project shall 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 contaminated stormwater and non-stormwater runoff, shall 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 Resolution No.23727 Page 23 Permit, that effectively intercept and pre-treat contaminated stormwater and non-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. 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 ENG.42 The project is subject to an "Area Benefit Fee" drainage fee of$4,213.00 per acre of single family residential development, in accordance with Chapter 9.69.040, or as may be adjusted annually in accordance with Chapter 9.69.060 of the Palm Springs Municipal Code. The drainage fee shall be paid prior to issuance of a building permit. ENG.43 Construct storm drain improvements, including but not limited to catch basins, storm drain lines and retention basins for drainage of on-site streets into the on-site retention system in Lot "C", as described in the preliminary Hydrology Report for Tentative Tract Map 36723. ENG. 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. ON-SITE ENG. 45 Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match the existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shah be restored to a smooth rideable surface. ENG. 46 All proposed utility lines shall be installed underground. ENG, 47 All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG. 48 The developer is advised to contact an utility purveyors for detailed requirements for this project at the earnest possible date. ENG. 49 Nothing shall be constructed or planted in the comer 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 Palen Springs Zoning Code Section 93.02.00, D. 0 Resolution No.23727 Page 24 ENG. 50 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 in accordance with City of Palm Springs Standard Drawing No. 904 ENG. 51 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. GENERAL ENG. 52 The applicant shall comply with all required Standard Conditions and Mitigation Measures identified in the Focused Environmental Impact Report, whether or not restated in these conditions of approval. All required plans shall be prepared in conformance with all applicable Standard Conditions and Mitigation Measures. ENG. 53 Development of the site is subject to all applicable provisions of Chapter 92.21.1.05 "Design Standards° of the Palm Springs Zoning Code, whether or not restated in these conditions of approval. All required plans shall be prepared in conformance with all applicable provisions of the Code. ENG. 54 A Road and Bridge Impact Fee of$2,704 per single family residential unit; as well as a Fire Station Fee of $469.00 per acre for single family residential units and $1,875 per multi-family residential units shall be paid (or as may be adjusted annually) in accordance with Chapter 9.69.040 and 9.69.060 of the Palm Springs Municipal Code, shall be paid prior to issuance of a building permit ENG. 55 Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall 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 by the City Engineer. ENG. 56 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. Resolution No 23727 Page 25 MAP ENG. 57 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 Tale 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. ENG. 58 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 (Parcel) Map by the City Council, or in the absence of a Final (Parcel) Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy. ENG. 59 Upon approval of a Final map, the Final 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, CCS83 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, Arclnfo Coverage or Exchange file, DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD 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. ENG. 60 Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The easements, identified as an easement to Southern California Edison recorded as Instrument No. 64905 on 1974; an easement to Verizon recorded as Instrument No. 79471 on July 9, 1965; and easements to Desert Water Agency, Instrument No. 108731 recorded on Sept. 22, 1965. Instrument No. 65547 recorded on June 27, 1969, Instrument No. 46609 recorded on April 15, 1964 and Instrument No. 109136 recorded on April 26, 1988 shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of the extinguishment, quit-claim, relocation or abandonment of the record Resolution No.23727 Page 26 easement(s), building permits for proposed buildings encumbered by the existing record easement(s) will be withheld until such time as this easement is removed of record and are not an encumbrance to the affected buildings. TRAFFIC ENG. 61 A minimum of 46 inches of clearance for 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 Bogert Trail, Street"A"and Street"B"frontages of the subject property. ENG. 62 All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy ENG. 63 Install a stop sign, stop bar, and 'STOP" legend for traffic exiting the development at the intersection of Bogert Trail and Street "A" in accordance with City of palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices for Streets and Hiohways dated January 13 2012 or subsequent editions in force at the time of pnstruction, as required by the City Engineer. ENG. 64 Install a street name sign at the intersection of Bogert Trail and Street "A" in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625 and the Califomia Manual on Unfform Traffic Control Devices for Streets and Highways, dated January 13 2012 or subsequent EngiEngi ns neer in force at the time of construction, as required by the City ENG. 65 Low profile and glare protected lights shall be installed on each side of the Main Entry located on Bogert Trail. ENG. 66 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 (MUTCD), dated January 13, 2012, or subsequent editions in force at the time of construction. Resolution No.23727 Page 27 ENG. 67 This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS Bond No.: 12114665 Premium: $28.260,00/2 Years CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Alta Verde Homes LLC, a California 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 36723, 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. The Guarantee Company of NOW, THEREFORE, we, the Principal and North America USA as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), In the penal sum of one million four hundred thirteen thousand dollars ($1 .413.000.00) 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 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 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. Performance Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 26th , 2015. SUBDIVIDER: Alta Verde Homes LLC, a California Limited Liability Company Check one:_Individual_Partnership x 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: 'r,%V \4-r" Name: Title: t1 t V-%ci. 4*gM%*O.w+s— Tide: --f (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; The Guarantee Company of North America USA By: (Surety Name) Attorney-in-Fact Shane wolf (All Signatures Shall Be Notarized) CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 California ) County of Las Angeles ) On May 27, 2015 before me, Madelyn Ly-Ian Vo, Notary Public- California nra. personally appeared David Kivitz who proved to me on the basis of satisfactory evidence to be the person(G) whose name(4Y/ is/We subscribed to the within instrument and acknowledged to me that he/si /fry executed the same in hislYpPdtlNirir authorized capacity(aM4), and that by his/liwAkEir signature(0) on the instrument the person(b), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NUVOELYN LKLAII Vo WITNESS my hand and official seal. Conadeglon 0 20.7020E Ndary PutTEg-CalHordg t ADO" Lor,Expiesjun2y Caatn.Expires Jun 22.2017 J Notary Public nalu (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM 7hisforse complies with mmni California staiuies mgardmg notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT f rurdrd.should be compkied and attached to the docruneni.Aabrmrledgmenis from atherstales may be completed fordocumems being seat to that state so long City of Palm Springs Bond#12114665 ar the wording does not require the California annoy to violate Caftibrma notary law. (title or description d atached docu nail) a Stone and County information must be the State and County where the document Alta Verde Homes, LLC- Labor& Materials signcr(s)personally appeared before the notary public for acknowledgment. (Title of description of abdied document oundinued) • Date of notasimlion must be the date tire(the signals)personally appeared which 2 ULV. must also be the same date On acknowledgment is completed. 5/26/2015 • The not" public must prim his or her name as it appears within his w her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the ru me(s) of document signers) who personally appear at the time of notarisation. CAPACITY CLAIMED BY THE SIGNER • Indicate The comi singular or plural fonts by crossing off incorrect forms(i.e. ❑ Individual(s) WOW*"-is/era)or circling the correct forms.Failure to correctly indicate the information may lead 10 rejection of document recording. ❑ Corporate Officer • The notary seal impression must be elver and photographically reproducible. Impression must not cover text or lino. If seat impassion smudges,reseal if a It sufficient area permits,otherwise complete a diffemn acknowledgment form. ❑ Partner(s) • Signature of The notary public must match the signetum on file with the office of the county clerk. ❑ Attomey-in-Fact a Additional inrom,mian is not required but could help to ensure this ❑ Trustee(s) ackmwledgmcnt is not misused or attached to a different document. ❑ Other + Indicate title or type c rameched document,number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secreury). 2015 Version www.NolaryClasses.corn 800-873-9865 • Securely attach this document to the signed document with a maple. ALL- PURPOSE CERTIFICATE OF 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 California } County of Orange } On May 26, 2015 before me, Susan E. Morales, Not Public personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(&)whose names) ish"subscribed to the within instrument and acknowledged to me that helshekhe executed the same in his/befAheir authorized capacity(46), and that by hisitheFRFleir signature(e) on the instrument the person(&), or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SLISAN E.MORALES WITNESS my hand and official seal. COMM.02101798 Z NoTARYPUSLIC-CALIFori"R ORArWECpURry Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Thisfarm complies with currem Califnrrila smtwes regarding nwary wording and. DESCRIPTION OF THE ATTACHED DOCUMENT fneeded,should be compleredandauached to the darument Acknolwedgentsfrom other states ma)-be completedfor docammins being sew(a rhw state so long ar the Bond 412114665 u arding does tint require the California notary to riolare Cal forma notary hair (Title w descoon of attached document) - State and County mfamation mute be the State and County where the document Guarantee Company of North America signcis)personally appeared before the rotary public for acknowledgment (Title or dnsaipliolt of attached document nsidinued) • Date of notarization must be the date thin the signer(s)personally appeared which most also be the same date the ock usairdgmcnt is comdcted Number of P 2 Doeurnenl0ale 5/26115 woe mtnaory public mustprint his or her name as it appears within his or her Pages_ by a comma and then your title(notary public). • Print the name(s) or document signcgs) who personally appear a the time of notaruauon CAPACITY CLAIMED BY THE SIGNER - Indicate the contest singular or plural forms by crossing air incorrect lamas(I c MJsitrhhy-a lew)w nrebryl the COn[eel tams Failure to conrecdy ntdusac Ihrs ❑ Individual (a) tnformation may lead to rejection of document recording. ❑ Corporate Officer - The rotary seal impression must be clear and photographically reproducnbk. Impression must rot cover text or lines. If seal impression smudges,reseal if a (Tide) sufficient arm permits,otherwise complete a dtRemm acknowledgment form. ❑ Partner(s) • Signature of the rotary public mist match the signature on file with the office or the county clerk El Attorney-in-Fad a Addilional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment its rot messed or attached to a diflererit document. Other Indicate title or type orattached document.another of pages and date ❑ 4 Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer,tridicate the title(i.e CEO,CFO,Secretary) 2015 Vers,an,w4 N<llaryClasses tam 600-873-9665 • Securely witch this dwurrma go the signed documens with a staple THE The Guarantee Company of North America USA GUARANTEE POWER OF ATTORNEY Southfield,Michigan KNOW ALL BY THESE PRESENTS:Thal THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the Slate of Michigan,having its principal office In Southfield,Michigan,does hereby corslhute and appoint Todd M Rohm,Cathy S Kennedy,Bmm A Senn,Shane Wotf Rohm Insurance Agency Its true and lawful anomey(s)In-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of kdemnity,and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statue.rule,regulation,contract or otherwise, The execution of such Imtnsneni(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all Wells and purposes, as if the same had been duty executed and acknowledged by Its regularly elected officers at the principal office The Power of Attorney Is executed and may be certified so,and may be revoked,pursuant to and by authority of Ariicde V.Section 9.03 of to BY-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meetkg held on the 310 day of December,2003 The President,or any Vice President.aairg with any Secretary or Assistant Secretary,shag have power and authority, 1. To appoint Atamey(s)-I o fad, and to aulhodae them to execute on behalf of the Company, all coach to Seal of the Company thereto, bonds and undertakings.contracts of Indemnity and other waihngs obligatory In the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations In favor of the Florida Department of Transportation only,it Is agreed that the power and authority,hereby given to the ANomeyan-fad Includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the Slate of Florida Department or Transportation. It Is fully understood that consenting to the Slate of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assilgree,shall not relieve this surety comparry of any of is ubggadons under its bond. 1. In connection with obligations in favor of the Kentucky Department of Highways only,It is agreed that the power and outhorgy hereby given to the Allomey-In-Fect cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner— DeparMeM of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meelkg duty called and hell on the Blh day of December 2011.of which the following is a true exoerpl: RESOLVED that to signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Prover of Attorney or certification thereof authorizing the execution and delivery of any bond.undertaking,contracts of Indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. ..rw IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and E� Is corporate seal to be affixed by Its authorized officer,this 23rd day of February,2012. a ' wf ty THE GUARANTEE COMPANY OF NORTH AMERICA USA �rv.w�v STATE OF MICHIGAN Stephen C-Ruschak,President 6 Chief Operating Officer Randall Mus"man,Secretary County of Oakland On the 23rd day of Febrary,2012 before me came the individuals who executed the preceding instrument.to me personally known,and being by me duty swum,said that each Is the herein described and authorized officer of The Guarantee Company of North America USA;trial the seal affixed to said instrument is the Corporate Seal of said Company;tat the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takal IN WITNESS WHEREOF,I have hereunto set my hand et The Guarantee I* Notary Public,State of Michigan Company of Nall America USA offices the day and year above written. Cormry of Oakland �J My Commission Expires February 27.2016 AcArV in Oekleod County I,Randal Museelman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still In full force and effect IN WITNESS WHEREOF,I have Ihereuto set my hand and alladied the seal of said Company this 26th day of May,20 i 5 4 �""•" Randall Musselmon,Secretary Bond No.: 12114667 Premium. $140.00/2 Years 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 Alta Verde Homes LLC, a California 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 Map 36723, 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. The Guarantee Company of NOW THEREFORE, we, the Principal, and North America USA as Surety, are held and firmly 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 seven thousand dollars ($7 0. OQ.00), lawful money of the United States, 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, 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. Monumentation Band Page 3 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 26th 2015. SUBDIVIDER: Alta Verde Homes LLC, a California Limited Liability Company Check one:_Individual_Partnership X Corporation•`Company 'Note, for Corporations, two corporate officers must sign this document, as indicated below; for all o authorized agents must sign this Agreement. By: c— By: Signature (notarized) Signature (notarized) Name: O fv4 N 410 %"Va Name: Title: d.c y— jPCgS� eF.u-r- Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one or 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; The Guarantee Company of North America USA By: (Surety Name) Attorney-in-Fact Shane wolf (All Signatures Shall Be Notarized) ALL- PURPOSE CERTIFICATE OF 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 California } County of Orange } On May 26, 2015 before me, _Susan E. Morales, Notary Public a.a personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(s)whose name(e) istafe subscribed to the within instrument and acknowledged to me that he/sheAbey executed the same in his/hedtbaic authorized capacity(iay, and that by his/hadViiek signatures) on the instrument the person(4 or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN E.MORALE WITNESS m hand and official seal. COMM.#21017g8 C y Nornmrtwauc-ct�au+u�� p �h Comm.oruwoacOUNTY - r f oue,n �. m a►✓moo Fxp ..MarchIr .ra,xe,sot a Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT Thisformcomphesi,ah tumor Cehfornra statutes regarding notary wording and fneeded shouldbecompletedandaaachedtothedocument AcMohredgenlsfrom other sixes miry be canhnkfedfor docvmew being sent ro that slate sa tong as the Bond#12114667 wording does not require the rai forma rotary to rioiate Col lama rmmry lax- (Title or daspgltian or attaUed document) • Slate and CounTy infrtmimon most be the State and County when the document Guarantee Company of North America signer(s)personally appeared before the notary pubhc for acknowiedgmem (title a description olalbchad document earn6nued) • Date of nmarimuon most be the date that the signers)personally appeared which most also be the saint time the acknowledgment is completed. Numberof Pages 3 Document Date 5/26/15 a The notary public most final his or her name as it appears within his or her commission followed by a comma and then your title(notary public) • Pratt the names)of document signer(s) who personally appear at the time of amortization CAPACITY CLAIMED BY THE SIGNER • Indicate ow correct singular or plural forms by crossing of incorrect farms(i e. ❑ Individual (s) hdsheAhey-itslare)or circling the correct forms Failure m correctly indicate this ❑ In orate Officer . imvrm titan may lead to relecti n of document recording. Corporate notary seal impression most be clear and photographically reproducible Impression most not cover text m lines If seal impression smudges,nt-sal if a (Title) sufficient onto permits,otherwise complete a different acknowledgment form ❑ Partner(s) • Signature of lha artery public must match the mention:on file with the offine of the county clerk. EI Attomey-in-Fad 0 Additional Information its not required but could help to ensure this ❑ Trustee(s) acknovAcdgmem is red misused or attached to adiffercm document Other fi Indicmc title or type orarmched document.number of pages and date ClO Indicate the capacity claimed by the signer If ilia claimed capacity is a corpora omeer,indicate the title it .CEO,CFO,Secretary) 2015 Version wvnv NotaryClasses.com 800-873-8865 • Securely anach this document to the signed document with a staple THE The Guarantee Company of North America USA GUARANTEE POWER OF ATTORNEY Southfield,Michigan KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the state of Michigan,having is principal office in Southfied.Michigan.does hereby constitute ant appoint Todd M.Rohm,Cathy S Kennedy,Bona A..Semh,Shane Wolr Rohm Insurance Aacncy its true and lawful atomey(sykh fact to execute.seal and deliver for and on its behalf as surety. any and act bonds and undertakings, contracts of Indemnity and other writings obligatory In the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents.shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fury and amply,to all intents and purposes,as if the same had been duty executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney Is executed and may be ceniried so,and may be revoked,pursuard to and by authority of Article I%,Section 9 03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 314 day of December,2003. The President,or any Vice President,acting with any Secretary a Assistant Secretary,shall have power and authority: 1. To appoint Afiorney(s)in-fact and to authorize them to execute on behalf or the Company, and adach the Seal of Ill Company thereto, bonds and undertakings,gs,contracts of Indemnity ity and other writings obligatory In the nature thereof.and 2. To revoke,at any time,any such Abomey-In•facl and revoke the authority given,except as provided below 3. In co mectim with obligations in lava or the Florida Department of Tramportatton only,it is agreed that the power and authority hereby given l0 the Atlameyin•Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the Stale of Florida Department of Treneportatm II Is fully understood Mat consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor andlor Its assignee,shall not relieve this surely company of any of Its obligations under Its bond. 4. In connection with obligations In favor of the Kentucky Department of Highways only,K is agreed that the power and authority hereby given to the Agmdy-in•Fact cannot be modified or revoked unless prior written personal notice of such been has been given to the Canmisaioner— Depanment of Highways of the Commonwealth of Kentucky at least thirty(30)days prim to the moderation or revocation. Further,this Power of Attorney is signed and sealed by facsknae pursuant to resolution of the Board of Directors of the Company adopted at a meeting duty called and held on the 81h day of December 2011.or which the fallowing is a true axcwpt: RESOLVED that the signature of arty authorized officer and the seal of the Company may be affbeed by facsimile to any Pourer of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seat when so used shall have the same force and affect as though manually affixed, r. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused 1Ms Katnment to be signed and is corporate seal M be affixed by is authorized officer,this 23rd day of February,2012. a aY THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C.Ruschak,President It Chief Operating Officer Randall Musseimann,Secretary County of Oakland On this 23rd day of February,2012 before me come the individuals who executed the preceding irstnmerd,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA:that the seal awed to said instrument Is the Corporate Seat of said Company,that the Corporate Seat and each signature were duly affixed by order of the Board of Directors of @0 CynOus A.Takal IN WITNESS WHEREOF.I have hereunto set my hand at The Guarantee Notary Public,State of Mkdtgan Company of North America 11SA offices the day and year above written, County of Oakland /I My Canmissfim Expires Febntary 27,2018 �, � Q, ' � Acting in Oakland County I,Randall Musseknan.Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing Is a Ina and correct copy of a Power of Atomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which Is at*In full form and effect. •nxr IN WITNESS WHEREOF,I have Iheeeunto set my hard and attached the seal of said Company this 261b day of May,2015 "'� Randall Musselmon,Secretary CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 California } County of Los Angeles ) On May 27, 2015 before me Madelyn Ly-Ian Vo, Notary Public -California wa rnm,ana personally appeared David Kivitz who proved to me on the basis of satisfactory evidence to be the person(o) whose name#) is/it 0 subscribed to the within instrument and acknowledged to me that he/*VVW q executed the same in his/WMW authorized capacity(*), and that by his/10W 11Air signature(#) on the instrument the person(o), or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - - - - - - - - - - - - - - - - - - - - MADELYN LY-LAN VO WITNESS my hand and official seal. VWM comrldaat m t►2u302B8 ��j� No"Public-calllornia L/ �i Loa Arpaln Carty i/vim' comm.6 Ira Jun 22.20t7 Notary Pub Signatu (Notary Public Seal) • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Thi Poem complies,rid+ current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT rfacedrd,should be cmrrp/e/ed and attached to the document Acbromrhdgmentr from arherstales maybe compleledfar documents being sent to Mat state so long City of Palm Springs Bond#12114667 as the wordalgdoesnmrequire the Calffornianmaryytoviotancal�fornianotary hm%. (Tile a dallatlmed dttaarmenl) a State and County information must be the State and County where the document Alta Verde Homes, L-C: signer(s)personally appeared before the notary public for acknowledgment. (fgkor description(Aeaadmed oboanart continued) • maust also b te of notarization mot be the date that the � ally appeared which e the same date the ackrwwlcdgmnl is completed. _Document Dale $ !!2 12015 • The tasty public must print his or her name as it appears within his or her Number of Pages commission fdlowosf by a comma and then your tide(amary public). a Print the mane(s) of document signer(s) who personally appear at the time of notarisation. CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect fame lie IWshe/dwyr is/me)or circling the correct farms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary sral impression must be dew and photographically reproducible. Impression must not cover text or lines. If sent impression smudges, re-seal if a t sufficient arcs permits,otherwise complete a diRercnt acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature oo file with the of ct:of the camly clerk. ❑ Attomey-in-Fact 4 Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment snot misused or attached to adilfercm document. Other b Indicate title or type of attached document,number or pages and date. ❑ & Indicate the capacity claimed by the signer. if the claimed capacity is a corporate omca,indicate the titic lie CEO.CFO.Secretary). 2015 Version www NotaryClasses cum 900-e73.91165 • Securely attach this document to the signed document with a staple. Bond No.: 12114665 DUPLICATE ORIGINAL Premium included with CITY OF PALM SPRINGS the Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Alta Verde Homes LLC, a California 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 36723 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 seven hundred and six thousand, five hundred dollars {$706,500.00), 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, 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. Labor & Materials Bond Page 2 IN WITNESS WHEREOF,this instrument has been duly executed by the Principal and Surety above named, on May 28th , 2015. SUBDIVIDER: Alta Verde Homes LLC, a California Limited Liability Company Check one:_Individual _Partnership x 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:te By: Signature (notarized) Signature (notarized) Name: 10#e1 \IQ Y NJ Name: Title: aftsS.VqthMAJ T 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 e— — By: The Guarantee Company of North America USA By; (Surety Name) Attorney-in-Fact ,Todd M. Rohm (All Signatures Shall Be Notarized) ALL- PURPOSE CERTIFICATE OF 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 California ) County of Orange } On May 28, 2015 before me, Susan E. Morales, Notary Public w ,rim. .a�ii-a ear' personally appeared Todd M. Rohm who proved to me on the basis of satisfactory evidence to be the person(e)whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/he0heiF authorized capacityees), and that by his/herAheif signature(.&) on the instrument the person(.&), or the entity upon behalf of which the personM acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN E.MORALES WITNESS my hand and official seal. COMM.#2101798 g =I&MY NOTARY PUBLIC.CALIFORNIA ORANGE COUNTY vzla" t!i .Set Comm.Expl n March 29,2019 otaly Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM '"..farm comp(¢,with current California statures regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT fneeded,should br completed and attachedto the document Acknmlwedgenisfrom other states may be completedfor documents being sent to that vote so long err the Bond#12114665 wording does nor mqudre the Cal fnmia rmewy ra violate Caftforara notary low. (rille a ditsrsi itien of etlached daopnenl) . Sate and County information must be the State and County where the documem The Guarantee Company of North America signer(s)personally appeared before the navy public far acknowledgment a e�dted �) . Date of notarization must be the date that the signerls)personally appeared mimh must also be the some done the acknowledgment is completed. Number of P 2 Document Dale 5128/15 ' The commission follow d byust prim hismin n her moue at it appears wnhm his w her Pages_ by a comma and then your title(notary public) • Print the retracts)of document signer(s) who personally appear at the time of nolmrmtion. CAPACITY CLAIMED BY THE SIGNER . Indicoic the correct singular w plural foma by erasing off incorrect forms(I e ❑ Individual (s) 46shdtltey,-¢lane)or circling the correct forms.Failure to corncily indicaze this information may[cad to rgectum of document recording ❑ Corporate Offlcw a The notary seal impression must be clear and photographically reproducible Impression must not cover text in lines If=1 impression smudges,re-seal ira (Tide) sufficient aura permus,otherwise compicie a different acknowledgment form ❑ Partner(s) • Sigtatura of he notary public must match the signature on file with the office of the county clerk. El Attomey-in-Fact 8 Addnronal information is rot required but could help to ensure this ❑ Trustee(s) acknowledgment is net misused or attached to different document Other b Indicate tale or type ofanached dmianont,number of pages and date ❑ 4 Indicate the capacity claimed by the signer Ir the claimed capacity is a corporate officer,indicate,the talc It c CEO,CFO,Sccreary). 2015 Version t NolaryClasses.com 600-671-9665 Securely attach this document lathe signed document with a staple CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 California } County of Los Angeles ) On May 29, 2015 before me, Madelyn Ly-Ian Vo, Notary Public-California a. mme and personally appeared David Kivitz who proved to me on the basis of satisfactory evidence to be the person(;)whose name(@) is/mwsubscribed to the within instrument and acknowledged to me that he/aWtbW executed the same in his/ber/tllsir authorized capacity(w, and that by his/her/tknr signature(s) on the instrument the person(S), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MADEIVN Ly-LAN Vo WITNESS my hand and official seal. cotixMtdOn•20302ee IS Notary Public-California 0 Cturlt.gewft Jun 22,2917 NotaryyPub is signature - (Notary Public Seat) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Thisloan complies with current Caltformia statures regarding notary wording and. DESCRIPTION OF THE ATTACHED DOCUMENT (needed,should be completed and attached to the dx mr,Acknowledgments from other states may be compkied far dacumemt being sent to that stare so long Labor and Materials Bond#12114665 as the wording does not require the Cal formla notary to violate California notary law. (Title or description ofattadied document) • Streit and County infrmation muss be the Sloe and County where the document Alta Verde Homes-City of Palm Springs signer(s)personally appcaned before the notary public for acknowledgment. (TAe or description olataclted document eonanthad) • Date ornotarizmion must be the date that the signcr(s)personally appeared which must also be the same date the acknowledgment is completed. Number of Pages 2 Document Date 5/26/2015 a The notary public muss print his or her name as it appears within his or her commission followed by a comma and then your fire(notary public). • Print the name(s)of document signcr(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural lams by crossing off incorrect forms(i.e. ❑ Individual (s) Wshrlihy.-is 1w)or circling the correct fume.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal immersion must be clear and photogniphially reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal ire (Title) sufficient ants permits,otherwise complete a different aclinowledgmenl norm. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attomein-Fact Y 4 Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other @ Indicate title or type of attached document,number of pages and date. ❑ fi Indicate the capacity claimed by tie signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NolaryClasses earn 800-873-9865 • Securely attach this document to the signed document with a staple. THE The Guarantee Company of North America USA GUARANTEE" POWER OF ATTORNEY Southfield,Michigan KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USAI a corporation organized and existing under the laws of the Slate at Michigan,having Its principal office In Southfield,li"an,does hereby constitute and appoint Todd M Rohm,Cathy S Kennedy,Beam A Seost,Shane Wolf Rohm loummoe Agency Its true and lawful aftomey(s)-kNact to execute, seal and deliver for and m Its behalf as surety, arty and all bonds and undertakings, contracts of Indemnity and other writings obligatory In the nature thereof,which are or may be allowed,requed or penngled by law,statute,hie,regulation,contract or otherwise. The execution of such Instrume d(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all Intents and purposes,as if the same had been duly executed and acknowktlged by its regularly elected officers at the principal office. The Power of Attorney Is executed and may be certified so,and may be revoked.pursuant to and by authority of Article IX,Section 9.03 of the Syd-aws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 310 day of December,2D03. The President,or arty Vice President.acting with any Secretary or Assistant Secretary,shall have power and authority. 1, T bonds undertakings,ointtrne fed, an to of Indemnity them to execute on behalf of the Company,and attach the Seal of the Company thereto, oily and other writings obligatory In lbe nature thereof;and 2. To revoke,at arty time,any such Atmneykrlacl and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it Is agreed that the power and authority hereby given to the Attorney-In-Fact Includes any and all conserds for the release of retained percentages andror final estimates m engineering and construction contracts required by the Slate of Florida Depananent of Transportation. It Is fully understood that cone ding to the Stale of Florida Department of Transportation making payment of the final estimate to the Contractor andror its assignee,shall not relieve this surely company of any of its obligations under Its bond. 4 In connection with obligations in favor of the Kentucky Department of Highways only,It Is agreed that the power and authority hereby given to the Attorney-Iris-Fact cannot be modified or revoked unless prior mitten personal notice of such Went has been given to the Comnitudit er— Depanment of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification err revocation.. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the fgh day of December 2011.of which the following is a true excerpt RESOLVED that the signature of any authorized officer and the seal of Ins Company may be affixed by facsimile In any Power of Attorney or certification thereat autbenzig the execution and delivery of any bond.undertaking,contracts of kdenvhay and other w0fi gs obligatory In the nature thereof,and such signature and seal when so used shag have the same force and atecl as though manually affixed. ..rhu IN WITNESS WHEREOF.THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and its corporate seal to be affixed by Its authorized officer,this 23rd day of February,2012. q j THE GUARANTEE COMPANY OF NORTH AMERICA USA Nry�N,G 1. STATE OF MICHIGAN Stephen C.Rmchak,President i Chief Operating Officer Randall Muss ilman,Secretary County of Oakland On this 23nd day of February,2012 before me came the individuals who executed the preceding instrument.to me personally known,and being by me duly sworn,said that each is the herein deauibed and authorized officer at The Guarantee Company at North America USA;that the seal affixed to said instrument Is We Corporate Seal of said Company;that the Corporate Seal and each stgnat re were duly affixed by order of the Board of Directors of Cynthia A.Taira! IN WITNESS WHEREOF,I have hereunto sal my hand at The Guarantee Notary Public,State of Mictugen Company at North America USA offices the day and year above written. County a Oakland ebru My Commissicn Expires February 27,2018 Acting In OakWW County I,Randall Musselnun.Secretary at THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and corned copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA US&which Is still In full form and effect. IN WITNESS WHEREOF,I have themunto set"hand and aftachied the seal of said Company this 28th day of May,2015 `"' Randall Musselman,Sacrelery Bond No.. 12114665 DUPLICATE ORIGINAL Premium included with the Performance Bond 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 Alta Verde Homes LLC, a California 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 36723 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. The Guarantee Company of NOW THEREFORE, we, the Principal, and North America USA , 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 two hundred eleven thousand, nine hundred fifty dollars ($211.950.00), 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 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, 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 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. (Signatures on Next Page) Maintenance &Warranty Bond Page 3 IN WITNESS WHEREOF,this instrument has been duly executed by the Principal and Surety above named, on May 28th , 2015. SUBDIVIDER: Alta Verde Homes LLC, a California Limited Liability Company Check one:_Individual_Partnership X 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:`� a By: Signature (notarized) Signature (notarized) Name: O M%V \'Q �C1-1 %T = 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: The Guarantee Company of North America USA By: (Surety Name) Attorney-in-Fact ,Todd M. Rohm (Ali Signatures Shall Be Notarized) ALL- PURPOSE CERTIFICATE OF 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 California } County of Orange } On May 28, 2015 before me, Susan E. Morales, Not Public personally appeared Todd M. Rohm who proved to me on the basis of satisfactory evidence to be the person(e)whose name(e) isktre subscribed to the within instrument and acknowledged to me that he/sheAktey executed the same in his/hai;Ue authorized capacity(+es), and that by hisit4eFaHheir signature(e) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN E.MORALES WITNESS my hand and official seal. COMM.0 2101798 g Z NOTARY PIIOUC-CALFORNIAC ORANGE COIINW *My Comm.FxpYas March 28,2019 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM --jarm comphu with current California natures regaling meaury wording and. DESCRIPTION OF THE ATTACHED DOCUMENT rfneeded,shouldbecamplriedandau"hedtothediscontentAcbwlwrdgentsfrorra other states may be coWheredfordarumems being sent to that stare sac long as the Bond#/2114665 ,cording doer not require the California nourry to rwhor California notary law. (Tde or desoolitim of adeched rkpmunt) • State and County mfwmatim must be the State and County where the document The Guarantee Company of North America signals)personally appeared before the notary public for acknowledgment (Tdla or description of aldched document continued) • Date of notanmuon must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is comjS"mtary). ed NenlbefOf P 3 Document Dale 5l28/15 • The notary public must prim his or her name as itears within his or her ages commission fotlowcd by a comma and then your title( ry public) • Prim the name(s) of document soFner(s)who person appear an the time of rotnnmlion CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plum) fames by crossiff incorrect fauns(I c ❑ Individual (s) lWshehheyrisfare)or circling the correct forms Faitocorrmillymdocate This mrmmauon may Iced to rejection ordocument recordi ❑ Corporate Officer a The notary seal impression most be clear and phophically reproducible. Impression must not cover Mat or hnc If sal ompren smudges,reseal if a ( I e) sumcirntarca permits,otherwise complete a difremnt owledgment form ❑ Partner(s) • Signature of the notary public must match the signatu role with the otTice of erk O Attome -in-Fact %%the Adty ditional y fi Addiuonal infmmanion is not required but ld help to ensue this ❑ Trustee(s) acknowledgment is not misused or attached tofferent document. Other 'a Indicate title or type ofattaclaed document,nu ofpego and date ❑ 4 Indicate the capacity,claimed by Iloe sipper. Ie claimed capacity its a corporate omcer,radiate the ude(i e.CEO.C Secretory). 2015 Version wmw NolaryClasses com 600-873-9865 Securely ouach thisdocument to the signed document a staple. CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 California ) County of Los Angeles ) On May 29, 2015 before me, Madelyn Ly-Ian Vo, Notary Public - California n mart mme e personally appeared David Kivitz who proved to me on the basis of satisfactory evidence to be the person(a)whose namep) is/are subscribed to the within instrument and acknowledged to me that he/st7e*W executed the same in his/kIrf/tHss authorized capacity(frs), and that by hisAW/ibr signature(s) on the instrument the person((), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MADELYN LY-LAN VC WITNESS my hand and official seal. Commission 0 20302ag Notary Public-Califomia Loa Angeles County My Comm.Expires Jun 22,2017+ Notary Pub- Signatu (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM 77tu form complies with current California statutes regarding notary hording and. DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknenr•ledgmems from other stares may be complered for documents being sent to that state so long Bond for Maintance 8 Warranty#12114665 ur the wording does mat require the Cal(fornia notary to violate California notary tar. (Title or descroon daaerhed doc mleM) a Stale and County information most he the Slate and County where the document Alta Verde Homes-City of Palm Springs sigmr(s)personally appeared before the notary public for aelmowiedgment. rl-itle urdnalptlon of attached docmrteM continued) - Date or notarization must be the date that the signer(s)petsonally appeared which must also be the same dale the acknowledgment is completed. 3 &2WO15 • The notary public must print his or her name a it appears within his or her Number of Pages_Document Date commission followed by a comma and then your title(notary public). • Print the, name(s) of document signer(s) who personally appear m the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the curent singular or plural forms by crossing off incorrect films(i.e. [:I Individual(s) helskillmyr is hm)or circling the correct forms.Failure to correctly indicate this information may Iced to rejection of document recording. 0 Corporate Officer - The notary seal impression most be clear and photographically reproducible. Impression must not cover teal or lines. If seal impression smudges,«-seal if a (Title) suffrcienl area permits,otherwise complete a different atknow•ledgmrcat form. ❑ Partner(s) - Signature ofthe rotary public must match the signature on file with the office of the county clerk. ❑ Attomey-in-Fact 4 Additional information is not required but could help to ensure this ❑ Trustee(s) acimowlcdgmem is not misused or attached to a different document. ❑ Other 4 Indicate silk or type ofatuched document,member of pages and time. T Indicate the capacity claimed by the signer. If the claimed capacity is a corporate offim,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www NotaryClasses.com 800-873-9865 Securely attach this document to the signed document with a staple. The Guarantee Company of North America USA GUARANTEE POWER OF ATTORNEY Southfield,Michigan KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USk a corporation organized and existing under the laws of the State of Michigan,having Its principal office in SouarTield,Michigan,does hereby corsllute and appoint Todd M Rohm,Cathy S Kennedy,Beam A.Scm4 Shen Wolf Rohm Insorone Aaenry Its true and lawful attomey(s)4 fact to execute, seal and deliver for and an its behalf as surety, any and all bonds and undertakings. Contracts of Indemnity and other wrlhnga obligatory In the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution or such Instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to as Intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal affice. The Power of Ahomey Is executed and may be certified so,and may be revoked,pursuant to and by authority of Article 0C,Section 9,03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AM ERICA USA at a meeting held on the 31°day of December.2003, The President.or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attomey(s)•in•facl, and to authorize them to execute an behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,cmlrerds of Indemnity and other wrilings obligatory In the nature thereon,and 2. To revoke,at any lime,any such Atomeyimfect and revoke Me authority given,except as provided below 3. In connection with obligations In favor of the Florida Department of Transportation only,lf is agreed that the power and authority hereby given to the Attorney-In-Fact includes any and all consents for the release of retained percentages andlor anal estimates on engineering and construction contracts required by the State of Florida Department of Tiansponallon. It Is fully understood that consenting to the Stale of Florida Department of Transportation making payment of the final estimate to the Contractor arndlor its assignee,shell not relleve this surety company of any of Its obligations under is bond. 4. In connedion with obligations in favor of the Kentucky DepaMhenl of Highways only,it Is agreed that the power and authority hereby given to the Attorney4n•Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner— Depariment of Highways of the Commonwealth of Kentucky al least thirty(30)days prior to the modification or revocation. Further,this Powe of Atomey Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 81h day of December 2011,of which the fallowing Is a true excerpt: RESOLVED that the signature of am/authorized officer and the seal of the Company may be stored by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of kndemnily and other writings obligatory In the nature thereof.and sixth signature and mat when soused Shea have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and Its corporate seal to be affixed by its authorized officer.this 73rd day of February,2012. s ,qT THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C.Ruschak,President 6 Chief Operating Office Randall Mnsselmon,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding kstnxnerd,to me personally known,and being by me duty swam,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said Instrument Is the Corporate Seal of said Company;that the Corporate Seal and each signature ware duly affixed by order of the Board of Directors of So Cynthia A. Taker IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary PWAk-,State oftfichdganr Company of North America USA/omces the day and year above written. Coady it Golder !1r• My Commission Expires Oakland February County 2018 Acting M OakreM Coady I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify[hat the above and foregoing is a true end correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which Is still in full force and effect. IN WITNESS WHEREOF,I have thereunto fiat my hard and attached the seal of said Company this 28th day of May,2015 eh�G\�L mac.. " Randall Musselman,Secretary ATTACHMENT RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36723 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH ALTA VERDE HOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1000 BOGERT TRAIL, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST. WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of November 12, 2014, recommended approval of Tentative Tract Map 36723, subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its meeting of December 17, 2014, approved Tentative Tract Map 36723 subject to conditions; and WHEREAS, Alta Verde Homes LLC, a California Limited Liability Company, (hereinafter the "Subdivider"), has filed Tract Map 36723 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 easements for public utility and sewer purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over Lots "A" and "B;" easements for public utility and sewer easements shown as "10' PUE", along and adjacent to Lots "A" and "B;" easements for public utility and sewer easements over Lots "A" and "D;" inclusive; a sewer easement over Lot "E;" and easements for pedestrian purposes over Lots "C" and "D;" all as shown on Tract Map 36723; and WHEREAS, required public improvements have not been completed by the Subdivider as of the filing of Tract Map 36723, and the Subdivider has requested that the City enter into a Subdivision Improvement Agreement with the Subdivider to secure the cost of public improvements in accordance with Section 66462 of the California Government Code. NOW, CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Tract Map 36723 is in substantial conformance with the approved Tentative Tract Map 36723. Section 2. Tract Map 36723 is in conformance with the General Plan. Section 3. Tract Map 36723 conforms to all requirements of the Subdivision Map Act of the State of California. Section 4. In accordance with Section 66477.1 of the California Government Code, the offers of dedication to the public on Tract Map 36723 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 36723 with the Subdivider, and accepts subdivision improvement securities in conformance with the requirements therein for public improvements. Section 6. The City Manager is hereby authorized to execute the Subdivision Improvement Agreement with the Subdivider. Section 7. The City Clerk shall cause to have recorded the Subdivision Improvement Agreement with the Riverside County Recorder. Section 8. Tract Map 36723 is hereby approved for purposes therein defined. ADOPTED THIS 17th day of June, 2015. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 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 June 17, 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California