HomeMy WebLinkAbout5/20/2015 - STAFF REPORTS - 2.L. tpALMSAv
iy
a
V N
r r
r k
°•.www`
c44
11rolL City Council Staff Report
DATE: May 20, 2015 CONSENT CALENDAR
SUBJECT: APPROVAL OF A CASH DEPOSIT AGREEMENT RELATED TO
SUBDIVISION IMPROVEMENTS FOR THE MURANO DEVELOPMENT,
TRACT NO. 33933 BETWEEN THE CITY OF PALM SPRINGS AND FAR
WEST INDUSTRIES, INC.
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY
The proposed Cash Deposit Agreement provides cash security associated with
completion of remaining improvements at the Murano development (Tract No. 33933),
and assigns the City's rights to make a claim on the original Surety bonds associated
with Tract No. 33933 to secure the original Subdivider's performance under the terms of
the Subdivision Improvement Agreement for Tract No. 33933.
RECOMMENDATION:
1. Approve the proposed Cash Deposit Agreement related to subdivision
improvements for the Murano development, Tract No. 33933, between the City of
Palm Springs and Far West Industries, a California corporation, in a final form
approved by the City Attorney; and
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On July 26, 2006, the City Council adopted Resolution No. 21692 approving a final map
for Tract No. 33933 for property located at 1110 Francis Drive, and approving a
Subdivision Improvement Agreement ("SIX) for Tract No. 33933 with PS Avenida
Caballeros/San Rafael, LLC, a Delaware limited liability company (the "Original
Subdivider"). A copy of the July 26, 2006, staff report is included as Attachment 1.
Tract No. 33933 is known as the "Murano' development, and is located on the east side
of Avenida Caballeros between San Rafael Drive and Francis Drive, and consists of 57
single family lots with four private streets, as shown in Figure 1 on the next page.
ITF-M NO. 2 o L `
City Council Staff Report
May 20, 2015—Page 2
Approval of Cash Deposit Agreement—Tract 33933
t
f
&
1
M
M
-w
I �
3
Figure 1
The Original Subdivider posted securities required by the SIA, which included a faithful
performance bond in the amount of $1,080,000 to cover installation and completion of
street improvements, water system improvements, adjustments in sewer manholes and
the sewer system throughout Tract No. 33933. Subsequently, the Original Subdivider
constructed some of the subdivision improvements, including: the two northerly private
streets (Azure Court and Enamor Court), with storm drain, water, sewer and public
utilities. The Original Subdivider also constructed and sold 15 of the 57 homes to
individual buyers.
02
City Council Staff Report
May 20, 2015-- Page 3
Approval of Cash Deposit Agreement—Tract 33933
The Original Subdivider subsequently defaulted under its construction loan and its
lender foreclosed on the 42 unsold lots. Far West Industries, a California corporation,
(the "Successor Subdivider') acquired those lots directly from the lender, and assumed
the Original Subdivider's obligations pursuant to the SIA, as well as its rights and
entitlements to construct and sale the remaining 42 homes in the Murano development.
The Successor Subdivider has now completed homes on all of the lots it acquired,
completed construction of the southerly two private streets (Lucent Street and Solace
Street), and all homes have been sold, except for one final home located on Lot 54.
The Successor Subdivider had entered into escrow to sale Lot 54, and approached the
City to secure final release and a Certificate of Occupancy ("C of O") for Lot 54. As part
of the City's typical process when releasing the final C of O in a development, staff
performs a final inspection, and reviewed all of the subdivision improvements previously
constructed to ensure the improvements met the City's minimum requirements and
were acceptable to the City Engineer. This is particularly important given that the
development includes private streets which will be turned over for maintenance to the
homeowners once the City Engineer has agreed that the streets were constructed to his
satisfaction. However, staff determined that the two northerly streets constructed by the
Original Subdivider required repairs, identified as: Azure Court — clean, crack-fill, crack-
seal and apply slurry seal to entire street; and, Enamor Court — completely remove and
reconstruct to the City Engineer's satisfaction.
The required repairs to Azure Court are typical for a street that was constructed several
years ago prior to the City's final inspection; however, the requirement to completely
remove and reconstruct the asphalt concrete pavement on Enamor Court is not typical,
but is warranted given the current condition of the asphalt pavement. The failed
condition of the street is shown in the following photo:
03
The Successor Subdivider has obtained an estimate of $47,500 to perform the required
repairs to Enamor Court (included as Attachment 2), and has requested that the City
enter into an agreement to secure the cost of the required repairs as a condition of
issuing the final C of O for Lot 54 allowing for its sale. Additionally, the Successor
Subdivider has argued that it is not obligated to perform these repairs, as the Original
Subdivider constructed Azure Court and Enamor Court, and therefore, the securities it
posted for performance of the obligations required by the SIA should be used to pay for
these repairs. In discussion with the City Attorney, we have advised the Successor
Subdivider that it has legal responsibility given that the obligations of the SIA were
assumed by it when it acquired the remaining property from the Original Subdivider
through the foreclosure sale. However, the City Attorney has agreed to assign the
Successor Subdivider the City's rights to pursue a claim against the securities posted by
the Original Subdivider, pursuant to the terms of the Cash Deposit Agreement included
as Attachment 3. Staff recommends that the City Council approve the Cash Deposit
Agreement, subject to final review and approval by the City Attorney.
ENVIRONMENTAL IMPACT:
The City prepared an Initial Study for Tentative Tract Map 33933 ("TTM 33933") in
accordance with the California Environmental Quality Act ("CEQA"). The Initial Study
determined that, although the project could have a significant impact on the
environment, mitigation measures have been incorporated into the project design that
will mitigate any impacts to a level of insignificance and a Mitigated Negative
Declaration was previously prepared in accordance with CEQA. On January 18, 2006,
the City Council adopted Resolution No. 21489 adopting and certifying the Mitigated
Negative Declaration for TTM 33933, included as Attachment 4.
FISCAL IMPACT:
All costs incurred, if any, will be reimbursed by the Successor Subdivider or through a
successful claim against the securities posted for Tract No. 33933.
SUBMITTED:
Prepared by: Approved by:
l VyV ,
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, E
OA015hr.-D
Assistant City Manager/City Engineer City Manager
Attachments:
1. July 26, 2006, staff report
2. Enamor Court Repair Estimate
3. Cash Deposit Agreement
4. Resolution No. 21489
04
ATTACHMENT
05
r
�pALMs
2
Q
t
c T
°ryoa.R>
c441
FOIL City Council Staff Report
JULY 26, 2006 CONSENT CALENDAR
Subject: APPROVAL OF FINAL MAP 33933 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH PS AVENIDA CABALLEROS/SAN
RAFAEL LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR 57
SINGLE FAMILY HOMES LOCATED AT 1110 FRANCIS DRIVE, IN
SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Stantec Consulting, representing PS Avenida Caballeros/San Rafael LLC, a Delaware
Limited Liability Company, has prepared a final map for subdivision of property into 57
single family home lots located at 1110 Francis Drive, in Section 2, Township 4 South,
Range 4 East. Approval of the final map will allow the map to be recorded, and building
j permits to be issued for future construction of the 57 single family homes proposed
within this development. This is merely an administerial action, as required by the
Municipal Code and the Subdivision Map Act.
RECOMMENDATION:
1) Adopt Resolution No. °A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33933 FOR
PROPERTY LOCATED AT 1110 FRANCIS DRIVE, IN SECTION 2, TOWNSHIP
4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT WITH PS AVENIDA CABALLEROS/SAN
RAFAEL LLC, A DELAWARE LIMITED LIABILITY COMPANY;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Stantec Consulting, representing PS Avenida Caballeros/San Rafael LLC, a Delaware
—� Limited Liability Company, submitted Final Map 33933, requesting that the property
located at 1110 Francis Drive, in Section 2, Township 4 South, Range 4 East, be
subdivided into 57 single family home lots on a 17.84 gross acre site. At its meeting of
0 6
ITEM No. �
City Council Staff Report
May 3, 2006-Page 2
Final Map 33933
December 14, 2006, the Planning Commission recommended approval of Tentative
Tract Map 33933, which was subsequently approved by the City Council, subject to
conditions, on January 18, 2006.
Final map 33933 includes abandonment of two public easements, which are easements
for a portion of San Rafael Drive dedicated to Riverside County dated October 23, 1937,
Document No. 24279; and an easement for a portion of Avenida Caballeros recorded
March 2, 1981, as Document No. 36067. San Rafael Drive and Avenida Caballeros
adjacent to this final map are being rededicated, and in accordance with Section 66434
(g) of the Government Code, the underlying easements are being abandoned.
It has been determined that required conditions have been satisfied, that Final Map
33933 is in substantial conformance with the approved Tentative Tract Map, and that
Final Map 33933 is ready for City Council approval.
FISCAL IMPACT: Finance Director Review:
None.
David J. Barakian Thomas J. Wil
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City t ana
ATTACHMENTS:
1. Map
2. Subdivision Agreement
3. Resolution
i
07
I
ATTACHMENT
FINAL MAP 33933
i
08
r i NA,
�
!
ot
6 pr
rs 1!l9i t 1 ! p IN
lr
1 li
.
IN! t
E � It
t istt
.i er'i RI ,I�r
IN�Is4,4
„ 1
r ,� rrl; '
09
J
�°`"`°�'I°a M awes aai a aNsaMw
asr a iwr�a� soar a aois.al�al
Tact Ala.p No, 33933
OW /gTlpr 0f 001001WY1/W R/N MF WAWW OF 77!'AOrNAAUA IXilrlSr a AL At]p/�9{q/'pNOR G' pyZ IOMINI
i SOWTG NYAiF I B{f14 SN®By�wp 6l?Mtl YJOy(,N A(C r O W yrliiZ4 MINl1'0f RM1041[OY/GtlM
STANTEC CONSULTING PALM DESERT DIVISION OCTOBER.2006
SANR4FAE6 DRIVE
w rpm."
"zsd CDT A' �9�.'..iiv
56 55 54 51 50 49
_ 57 1 53 1 5 48
Lo
L`d!/Rf .......... - a
lib ........ ... ................ l�
� ____._ ..... __. ... .
SU 42 43 44 1 45 46 47
O
fit
e
I
I
41 �I 40 39 li 38 I 37 ! 36 i
1 - 1 SEESNEET4
C1
AM AIAM
lrp fG!S71AAV
o�aflM Aeo N NA1 a/XY>r1r114 C71M►A NIlNgG iON:a'OM�ONN av♦ is
ract .Alay No; 33933
bAl A RNApY d'6010l�1?V 4 M HB U yK/0!/!'AOli/AIQ/OINM✓01/Y A!'MNR6IST MMpDf M•SLYAM'L 701111b'r
4 SVMt Zool c�sw Nswatilo II¢MO Kigq{q M nee m W AUN ox##r w RIO�C ov�narc
STANTEC CONSULTING-PALM DESI;R'{DMSION OCTOSEK 2008
SEE$HEETS
42 �ii 43 f'i 44 �� 45 46 fi 47
14
®I
~ Ar
41 40 1 39. 36 37 I 36
.. ...... i --- ••---• °"r'"fNtfs6R" CdJR x i;
IT
- , ••-- •. --•-.. : % F
lK
�� 30 31 32 33 34 35 a
29 2B 27 26 1 25 24
� ----�.. ............ ... ....:.------ max.• ���
-- ------ -•- --•--------•-•-- --", r-,vr CI1UR ••--- - •„fig"
All H
I
4
am 18 �- 19 20 21 23
i i I i i
I � SEfSHEETSI
A AMR
Nr MR9'6 AAA lYGLCI" .�[Q .fro.wawa "m arv�a�Al101
33933
MW A FtWIm a gJIQtlMIXI(�{{N Alf AAOl AW/4W AL ACIRMMW am~W 4 A ACAtlp�{qr WfNR(Y>�i AOM9/
SWAM aw 4 SM Awlaw N w MY w ARM 9W A6�WgIW AI�AAA A>•»S aIXM!'AK AIIORIE DItA A.-_•��_ST/1NTE COrySULTI. DC-SERT DIVISION OCT
09ER 200.5
2S'
__ 78 19 20 21 ° 22• ®� 23 16
I.
r
-- 17 16 15 14 13 12
x •.�. .-
_C�' CbUR 4, x I
. ... ...
5 e
4 3 2 1 �!
LOT"C' FRANCISOR/VE L® .•�•-•--
..
am
H
N
i
i
ATTACHMENT
SUBDIVISION IMPROVEMENT AGREEMENT
13
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
P.S. AVENIDA CABALLEROS/SAN RAFAEL, LLC
A DELAWARE LIMITED LIABILITY COMPANY
I
14
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....................................................................................2
1.5 Performance of Work.................................................................................3
1.6 Changes in the Work..................................................................................3
1.7 Defective Work...........................................................................................3
1.8 No Warranty by City...................................................................................3
1.9 Authority of the City Engineer.....................................................................3
1.10 Documents Available at the Site ................................................................3
1.11 Inspection...................................................................................................3
1.12 Compliance with Law.................................................................................4
1.13 Suspension of Work...................................................................................4
1.14 Final Acceptance of Works of Improvement...............................................4
2. Time for Performance...........................................................................................4
2.1 Commencement and Completion Dates ....................................................4
2.2 Phasing Requirements...............................................................................5
2.3 Force Majeure............................................................................................5
2.4 Continuous Work........................................................................................5
2.5 Reversion to Acreage.................................................................................5
2.6 Time of the Essence ..................................................................................6
3. Labor.....................................................................................................................6
3.1 Labor Standards.........................................................................................6
3.2 Nondiscrimination................................................:......................................6
3.3 Licensed Contractors.................................................................................6
3.4 Workers' Compensation........................................:....................................6
4. Security................................................. .............6
j4.1 Required Security.......................................................................................6
4.2 Form of Security Instruments........................................:............................7
4.3 Subdivider's Liability...................................................................................8
4.4 Letters of Credit..........................................................................................8
4.5 Release of Security Instruments ................................................................9
t
15
5. Cost of Construction and Provision of Inspection
Service..................................................................................................................9
5.1 Subdivider Responsible for All Related Costs of
Construction...............................................................................................9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services........................................................................10
6. Acceptance of Offers of Dedication.....................................................................40
7. Warranty of Work................................................................................................10
8. Default ................................................................................................................10
8.1 Remedies Not Exclusive ..........................................................................10
8.2 City Right to Perform Work.......................................................................11
8.3 Attorney's Fees and Costs .......................................................................11
9. Indemnity............................................................................................................11
10 General Provisions..............................................................................................11
I
10.1 Successors and Assigns..........................................................................11
10.2 No Third Party Beneficiaries.....................................................................11
10.3 Entire Agreement; Waivers and Amendments .........................................12
! 11. Corporate Authority....:........................................................................................12
2
16
i
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
j entered into this day of 2006, by and between the
CITY OF PALM SPRINGS, a California charter city ("CITY"), and P.S. AVENIDA
i CABALLEROS/SAN RAFAEL, LLC, a Delaware Limited Liability Company
(Subdivider').
;i RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 33933 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit"B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs Lots "A" through "C" for street and public utility purposes;
easements for public utility and sewer purposes with right of ingress and egress for
service and emergency vehicles and personnel over the on-site private streets, as
shown on the map; a 20 feet wide easement for sewer purposes as shown on the map;
a 10 feet wide public utility easement adjacent to the on-site private streets; abutters
rights of access to San Rafael Drive adjacent to Lots 49 through 56, and abutters rights
of access to Avenida Caballeros adjacent to Lots 6, 17, 18, 29, 30, 41, 42, 56, and 57,
all as shown on the map; and City desires to accept the public dedication as shown on
the final map, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
1 .
i
17
1. Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
' water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $2,384,500.00,
l 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
!, writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdividers 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).
2
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.
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 Cdrrection
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.
i
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
fumished 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 contractors) regarding the Works
of Improvement. Subdivider shall cause its contractor to fumish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
Including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
3
19
direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
I
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
Inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
4
20
i
i
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon approval by the City Engineer or his
designee. Extension of time may be granted upon mutual agreement of the City
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
j 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.
j 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
5
21
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
I 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.
i
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
! of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Securi
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter"Security Instruments"):
6
22
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$2,384,500.00 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 $1,192,250.00 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 $45,000.00 equal to 100% of
the cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $357,675.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized .to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Bests Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
i
(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
7
23
i
Subdivider is in default-under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of.Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
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,
8
24
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are.outstanding at that time regarding defective work.
i
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
'i for any of the Works of Improvement, such reimbursement shall be subject to a
9
25
i
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. in no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency,. shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
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.
10
26
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
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 attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
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
li 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.
I
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
11
27
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authoritv.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
i
i
12
28
i
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
I
By
James Thompson, City Clerk David H. Ready, City Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
i
David Barakian, City Engineer
SUBDIVIDER:
P.S. AVENIDA CABALLEROSISAN RAFAEL, LLC, a Delaware Limited Liability
Company
By: California Development Enterprises, Inc., a California Corporation, Its Manager
Check one: —individual—Partnership f Corporation*_Company
"Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By.
Signature (notarized) Signature (notarized)
Name: Ron Shioka, Jr. Name: John Shioka
Title: President and Treasurer Title: Vice President and Secretary
(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
29
I
I
I
l
i Mailing Address:
i
P.S. Avenida Caballeros/San Rafael, LLC
2121 E. Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262
(760) 325-7920
(760) 406-5872 (fax)
Ij
I
14
30
ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY
County of SIGNER
On before me,
Date Name, Title of Officer ❑ INDIVIDUAL(S)
personally appeared oCORPORATE
! 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 oPARTNER(S)
persons(s) whose name(s) is/are subscribed to the within oATTORNEY-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 oSUBSCRIBING WITNESS
his/her/their signature(s) on the instrument the person(s) or the oGUARDIAN/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
i
i
i
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
i
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:
j Si ne s Other Than Named Above
t5
31
f
I
EXHIBIT "A"
I
j TRACT MAP 33933 LEGAL DESCRIPTION
Tract Map No. 33933, as recorded in Map Book_, Pages through inclusive, records
of Riverside County, California.
i
I
I
16
32
EXHIBIT"B"
TENTATIVE TRACT MAP 33933 CONDITIONS OF APPROVAL
I
i
i
i
17
33
CITY OF PALM SPRINGS
CONDITIONSP OF APPROVAL
TENTATIVE TRACT MAP 33933
APN: 501-020-016
East Side of Avenida Caballeros&San Rafael Road
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer,the Director of Planning Senrice%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
t. The proposed development of the premises shall conform to all applicable regulations
of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes,
ordinances and resolutions which supplement the zoning district regulations.
2. The owner shall defend,indemnify, and hold harmless the City of Palm Springs,its
agents,officers,and employees from any claim,action,or proceeding againstthe City
of Palm Springs orb agents,officers or employees to attach,set aside,void or annul,
an approval of the City of Palm Springs, its legislative body, advisory agencies, or
administrative officers concerning Tentative Tract Map 33933. The City of Palm
Springs will promptly notify the applicant of any such claim, action, or proceeding
against the City of Palm Sprfngs and the applicant will either undertake defense of the
matter or pay the Citys 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 orfails 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 Cib/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.
3. That the property owner(s)and successors and assignees in interest shall maintain
and repair the. improvements including and without limitation sidewalks, bikeways,
parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences
between the curb and property line, including sidewalk or bikeway easement areas
that extend onto private properly,in a first Gass wndition,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.
34
a 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art.The project shall either provide public art or payment of an in lieu
fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit
valuation as calculated pursuant to the valuation table in the Uniform Building Code,
the fee being 1/2% for commercial or industrial projects, 1/4% for new residential
subdivisions,or 1/4%fornew individual single-family residential units constructed on a
lot located in an existing subdivision 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 Services and the Public Arts Commission, and the property owner shall
enter into a recorded agreement to maintain the artwork and protect the public rights
of access and viewing.
5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code
Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits,a parkland fee or dedication shall be made. Accordingly,
all residential development shall be subject to parkland dedication requirements
and/or park improvementfees. The parkland mitigation amount shall be based upon
the cost to acquire and fully improve parkland. The applicant shall submit a property
appraisal to the Planning Services Department for the purposes of calculating the
Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior
to the Issuance of building permits.
Environmental Assessment
6. The mitigation measures of the environmental assessment shall apply. The
applicant shall submit a signed agreement that the mitigation measures outlined as
part of the mitigated negative declaration will be included in the Planning
Commission consideration of the environmental assessment. Mitigation measures
are as follows:
MM I11-1 Earth-moving activities shall be suspended during the first and second stage
ozone episodes or when winds exceed 25 MPH, per the Coachella Valley
PM10 State Implementation Plan and SCAQMD Rule 403.1.
MM 111-2 Adequate watering techniques shall be employed to partially mitigate the
impact of construction-generated dust particulates. Portions of the project
site that are undergoing earth moving operations shall be watered such that
a crust will be formed on the ground surface and then watered again at the
end of the day, as part of the construction specifications,
MM III-3 Any construction access roads should be paved as soon as possible and
cleaned after each workday.The maximum vehicle speed limit on unpaved
road surfaces shall be 15 MPH.
MM 111-4 All trucks should maintain at least two feet of freeboards.
MM 111.5 All trucks hauling dirt,sand,soil or other loose dirt material off-site should be
covered and washed off before leaving the site.
35
MM I11-6 Adjacent streets should be swept if silt is carried over to adjacent public
thoroughfares. '
MM I11-7 As part of the construction specifications,any vegetative ground cover to be
utilized on-site shall be planted as soon as possible to reduce the disturbed
area subject to wind erosion. Irrigation systems needed to water these plants
shall be Installed as soon as possible to maintain the ground cover and
minimize wind erosion of the soil.
MM III-8 Construction operations affecting off-ske roadways shall be scheduled for
off-peak traffic hours and shall minimfze obstruction of throug h-traffic lames.
7. The developer shall reimburse the City for the City's costs incurred in monitoringthe
developer's compliance with the conditions of approval and mitigation monitoring
program, including, but not limited to inspections and review of developers
operations and activities for compliance with all applicable dust and noise
operations, and cultural resource 'mitigation. This condition of approval is
supplemental and in addition to normal building permit and public improvement
permits that may be required pursuant to the Palm Springs Municipal Code.
CC&R's
8. The applicant prior to issuance of building permits shall submit three (3) sets of a
draft declaration of covenants,conditions and restrictions("CC&R's")to the Director
of Planning Services for approval in a form to be approved by the City Attorney,to
be recorded priorto certificate of occupancy. The CC&Rs shall be submitted with a
list of the adopted conditions of approval and an indication of where applicable
conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the
City, shall not be amended without City approval, shall require maintenance of all
property in a good condition and in accordance with all ordinances.
9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2000,forthe reviewof the CC&R's bythe City Attorney.Afifing fee,in accordance
with the fee schedule adopted by the City Council, shall also be paid to the City
Planning Services Department for administrative review purposes.
Public Safety CFD
10. The Project will bring a significant number of additional residents to the community.
The Cites existing public safety and recreation services, including pollee protection,
criminal justice, fire protection and suppression, ambulance, paramedic, and other
safety services and recreation, library, cultural services are near capacity.
Accordingly,the City may determine to form a Community Services District under the
authority of Government Code Section 53311 etseq,orother appropriate statutoryor
municipal authority. Developer agrees to support the formation of such assessment
district and shall waive any right to protest, provided that the amount of such
assessment shall be established through appropriate study and shall not exceed$500
annually with a consumer price index escalator. The district shall be formed priorto
sale of any lots or a covenant agreement shall be recorded against each parcel,
permitting Incorporation of the parcel in the district
36
1 ENGINEERING/PUBLIC WORKS DEPARTMENT
The Engineering Division recommends that if this application is approved,such approval is
subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project,all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a registered California civil engineer
to the Engineering Division.The plans shall be approved by the City Engineer prior
to issuance of any building permits.
AVENIDA CABALLEROS
3. Dedicate abutters rights of access to Avenida Caballeros adjacentto Lots 6, 17, 18,
29, 30, 41, 42 56 and 57; vehicular access to Avenida Caballeros shall be
prohibited.
4. Remove the e)dsting driveway approach across from the existing Sundance Tract
entry and construct new curb and gutter to match existing improvements, in
accordance with City of Palm Springs Standard Drawing No. 200.
5. Remove the existing 8 inch curb and gutter located 32 east of centerline as
necessary to construct the on-site private street Intersections;and construct 25 feet
radius curb returns,spandrels,and 6 feet wide cross-gutters at each intersection of
the on-site private streets with Avenida Caballeros,in accordance with City of Palm
j Springs Standard Drawing No. 200 and 206.
6. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
7. Construct a Type A curb ramp meeting current California State Accessibility
standards at the southeast comer of the intersection of Avenida Caballeros and San
Rafael Drive, in accordance with City of Palm Springs Standard Drawing No. 212.
8. All broken or oft grade street improvements shall be repaired or replaced.
SAN RAFAEL DRIVE
9. Dedicate the ultimate half street right-of-way width of 44 feet along the entire
frontage,together with a property line-comer cut-back at the northwest comer of
37
i
the subject property,In accordance with City of Palm Springs Standard Drawing No. '
105.
10. Dedicate abutters rights of access to San Rafael Drive adjacent to Lots 49 through
56; vehicular access to San Rafael Drive shall be prohibited.
11. Remove the exstng asphalt concrete berm and replace with an 8 inch curb and
gutter located 32 feet south of centerline along the entire frontage, in accordance
' with City of Palm Springs Standard Drawing No.200.
12. Remove the existing asphalt concrete sidewalk and construct a 5 feet wide sidewalk
behind the curb along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 210.
13. Construct pavement with a minimum pavement section of 3 Inches asphalt concrete
pavement over 6 inches crushed miscellaneous base with a minimum subgrade of
24 inches at 95% relative compaction, or equal, from edge of proposed gutter to
clean sawcut edge of pavement along the entire San Rafael Drive frontage in
accordance with City of Palm Springs Standard Drawing No. 110 and 330. 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.
FRANCIS DRIVE '
14. Dedicate the ultimate half street right-of-way width of 30 feet along the entire
frontage of the subject property.
15. 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.
16. Construct driveway approaches for Lots 1 through 5 in accordance with City of Palm
Springs Standard Drawing No. 201. The driveway access to Lot 1 shall be located
on the west side of Lot 1,as fares possible from the Francis Drive and Aurora Drive
intersection.
17, Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
18. Construct pavement with a minimum pavement section of inches asphalt concrete
pavement over 6 inches crushed miscellaneous base with a minimum subgrade of
24 inches at 95% relative compaction, or equal, from edge of proposed gutter to
clean sawcut edge of pavement along the entire Francis Drive frontage in
accordance with City of Palm Springs Standard Drawing No. 110 and 330. If an ,
altemative pavement section is proposed,the proposed pavement section shall be
\ 5
38
i
e designed by a California registered Geotechnical Engineer using "R" values from
the project site and submitted to the City Engineer for approval.
19. Neighborhood traffic calming improvements shall be constructed on Francis Drive at
Aurora Drive. The travel way shall be narrowed with curb "pop-outs" located on
both sides of Francis Drive. Remove and reconstruct the existing curb return and
spandrel at the southwest comer of Francis Drive and Aurora Drive with the new
face of curb located 14 feet south of centerline,with an appropriate taper to match
the existing curb and gutter. Construct a complementary curb"pop-out"adjacent to
Lot 1 and opposite the reconstructed curb return at the southwest comer of Francis
Drive and Aurora Drive,with the new face of curb located 14 feet north of centerline.
! Stamped,colored concrete shall be constructed within the curb"pop-outs". Other
traffic calming improvements may be required,including neighborhood Identification
signage, in consultation with the neighborhood group and as determined by the City
Engineer. Final engineering and other details associated with the traffic calming
improvements shall be subject to the review and approval by the City Engineer.
AZURE COURT, ENAMOR COURT, LUCENT COURT, & SOLACE COURT (ON-SITE
PRIVATE STREETS)
20. Dedicate easements for public utility purposes, including sewers,with the right of
ingress and egress for service and emergency vehicles and personnel over the
proposed private streets.
21. Easements for on-site private streets to be considered as part of the common space
to be maintained by a Homeowner's Association shall be dedicated andlorreserved
on the final map.
22. All on-site private streets shall be two-way and a minimum of 26 feet wide (as
measured from curb face). Tree wells, if constructed, shall be staggered on each
side of the street to provide a minimum 20 feet wide travel way at any one tree well-
23. All on-site streets shall be constructed with concrete wedge curbs to accept and
convey on-site stormwater runoff to the on-site storm drain system, in accordance
with applicable City Standards.
24. All on-site cui-de-sacs shall be constructed in accordance with City of Palm Springs
Standard Drawing No. 101. Construct all cul-de-sacs with a minimum face of curb
radius of 43 feet throughout the cul-de-sac bulb.
25. Construct pavement with a minimum pavement section of 2'% inches asphalt
concrete pavement over 4 Inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal. If an aftemative
pavement section is proposed,the proposed pavement section shall be designed by
39
a California registered Geotechnical Engineer using"R"values from the project site
and submitted to the City Engineer for approval. '
26. Parking shall be restricted along both sides of the on-site private streets, as
necessary to maintain a minimum 24 feet wide clear two-way travel way.
Regulatory Type R26 "No Parking" signs or red curb shall be installed along the
private streets as necessary to enforce parking restrictions. The Home Owners
Association (HOA) shall be responsible for regulating and maintaining required no
parking restrictions, which shall be included in Covenants, Conditions, and
Restrictions (CC&R's)required for the development.
SANITARY SEWER
27, All sanitary facilities shall be connected to the public sewer system. New sewer
laterals shall not be connected to existing sewer manholes.
28. Submit sewer improvement plans prepared by a California registered civil engineer
to the Engineering Division.The plans shall be approved by the City Engineer prior
to issuance of any building permits.
29. Dedicate a 20 feet wide easement for sewer purposes,adjacent to the westerly side
and across Lots 1, 11, 12, 23, 24, 35, 36, and 47.
30. Construct an 8 inch V.C.P. sewer main across the frontages of the on-site private
streets and extending from Azure Court to Francis Drive. The 8 inch V.C.P. sewer
main shall extend within the center of the 20 feet wide sewer easement across Lots
1, 11, 12, 23, 24, 35, 36, and 47.
31. The easement shall be kept dear and free of any and all obstructions to allow for
the continued operation and maintenance of the public sewer main within the
easement. Construction'of permanent structures,swimming pools and equipment,
or other improvements determined to be an obstruction of the public sewer
easement shall not be allowed. Planting of large trees or other planting material
with invasive or deep root structures shall be restricted. Access to the public sewer
easement from Francis Drive and the on-site private streets shall be maintained,
including, if necessary, 15 feet wide gates with lock and access provided to the City
of Palm Springs.
32. Provisions for maintenance.of the public sewer easement, acceptable to the City
Engineer, shall be included in the Codes, Covenants, and Restrictions (CC&R's)
required for this development. Notice shall be clearly included in the CC&R's
defining the restrictions of development within the easement across Lots 1. 11. 12,
23, 24, 35, 36,and 47. The CC&R's shall advise the property owners of the City's
right to enter the properties, clear and remove any and all obstructions within the '
easement, and give the City right to charge all costs incurred in enforcing this
7 .
40 .
provision to the owners of Lots 1, 11, 12,23,24, 35,36,and 47. The CC&R's shall
also advise the property owners of the fact that the City is not required to replace in
like kind any landscaping or other improvements within the public sewer easement
in the event repair or replacement of the existing sewer main is required,and that
the City shall be limited to leaving the property in a rough graded condition following
any such repair or replacement.
33. All sewer mains constructed bythe applicant and to become part of the public sewer
system shall be televised prior to acceptance of the sewer system for maintenance
by the City.
GRADING
34. Submit a Grading Plan prepared by a California registered civil engineer to the
Engineering Division for review and approval. The plan shall show building set-
backs, drainage swales with 1% minimum slope, high points of swales, and
permanent individual retention basin locations on each lot. House footprints do not
need to be shown on the plan.The combination Grading Plan shall be approved by
the City Engineer prior to issuance of a grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and
shall be required to utilize one or more "Coachella Valley Best Available
Control Measures"as identified in the Coachella Valley Fugitive Dust Control
Handbook for each fugitive dust source such thatthe applicable performance
standards are met. The applicant's or its contractors Fugitive Dust Control
Plan shall be prepared by staff that has completed the South Coast Air Quality
Management District (AQMD) Coachella Valley Fugitive Dust Control Class.
The applicant and/or its grading contractor shall provide the Engineering
Division with current and valid Certificate(s)of Completion from AQMD forstaff
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 'PMtO" Dust Control issues, please
contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust
Control Plan, in conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering Division
prior to approval of the Grading Plan.
b. The first submittal of the combination 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 Tentative Tract
' Map; a copy of current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report.
8
41
35. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep '
nuisance water from entering the public streets, roadways, or gutters.
36. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491)is required forthe proposed development.A copy of the executed permit
shall be provided to the City Engineer prior to approval of a Grading Plan.
37. In accordance with City of Palm Springs Municipal Code, Section 8.50.025(c),the
applicant shall post with the City a cash bond of two thousand dollars ($2,000.00)
per disturbed acre for mitigation measures for erosion/blowsand relating to this
property and development.
38. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the
proposed development.A copy of the soils report shall be submitted to the Building
Department and to the Engineering Division prior to approval of the Grading Plan.
39. 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
sail 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: 760-776-8208).
DRAINAGE
40. 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, Individual on-site retention basins on each lot or other
facilities approved by the City Engineer shall be required to contain the Increased
stormwater runoff generated by the development of the property, as described in
the Preliminary Hydrologyand Hydraulic Report for Murano,prepared by The Keith
Companies, as revised on November 7, 2005. Final retention basin sizing, catch
basin sizing, storm drain pipe sizing, drywell sizing, and other specifications for
construction of required on-site storm drainage improvements shall be finalized in
the final hydrology study and approved by the City Engineer.
41. Stormwater runoff may not be released directly to the adjacent streets without first
intercepting and treating with approved Best.Management Practices (BMP's).
9
42
42. The applicant shall install a series of drywells,within the 5 feet wide private storm
drain easements extending east from each of the on-site private streets and
extending south along the east property line of the development from Azure Court to
Francis Drive, as necessary to intercept stormwater runoff, including nuisance
water, from the tributary area within the development. The drywells shall be
appropriately sized to accommodate the expected daily nuisance water, as well as
runoff from ordinary storm events (2-year storm events)using a maximum 2 inch
per hour percolation rate, unless otherwise approved by the City Engineer.
Provisions shall be included in the Covenants, Conditions and Restrictions
(CC&R's)forthis developmentthat require the routine maintenance of the drywells
by the Home Owners Association (HOA), including the right of the City to inspect
and require the HOA to remove and replace the drywells if they fail to function,
causing stagnant water to accumulate above ground within the basin.The City shall
be given the right, In the interest of the public's health,safety,and welfare,to order
the removal and replacement of drywalls in the event the HOA is non-responsive to
the City's written notice,with costs to be recovered against the HOA by the City in
accordance with state and local laws and regulations. In no event shall on-site
stormwater runoff be released directly to Francis Drive without interception on-site
by the private storm drain and dryweil system.
43. Storm drain easements shall be reserved across the 6 feet wide private storm drain
easements extending east from Azure Court, Enamor Court, Lucent Court and
Solace Court, adjacent to the north property Ifnes of Lots 11, 23, 36, and.47 and
extending south adjacent to the east property lines of Lots 1, 11, 12,23. 24,35,36,
and 47, to Francis Drive.
44. Submit storm drain improvement plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
45. Construct drainage improvements, including but not limited to catch basins, storm
drain lines, and drywells for drainage of on-site streets as described in the
Preliminary Hydrology and Hydraulic Report for Murano, prepared by The Keith
Companies, as revised on November 7, 2005. Final retention basin sizing, catch
basin sizing, storm drain pipe sizing, drywell sizing, and other specifications for
construction of required on-site storm drainage improvements shall be finalized in
the final hydrology study and approved by the City Engineer.
46. The on-site storm drainage improvements shall be privately maintained by a Home
Owners Association (HOA). Provisions for maintenance of the on-site storm
drainage improvements acceptable to the City Engineer shall be Included in the
Covenants, Conditions and Restrictions(CC&R's) required for this project.
47. Individual retention basins on each lot shall be identified on exhibits included in the
Covenants, Conditions and Restrictions (CC&R's) required for this project
' Provisions shall be included in the CC&R's requiring the preservation in perpetuity
of the individual retention basins for use as on-site stormwater retention basins.
10
43
i
I
Notice shall be given to the property owners within the development that the
stormwater retention volume of the individual retention basins shall be maintained. '
The City shall be given the right, in the interest of the public's health, safety, and
welfare, to order the reconstruction of individual retention basins in the event that
property owners are non-responsive to the City's written notice to reconstruct their
Individual retention basin,with costs to be recovered against the property owner by
the City in accordance with state and local laws and regulations.
48. The project is subject to flood control and drainage Implementation fees. The
acreage drainage fee at the present time is $6,511 per acre per Resolution No.
15189. Fees shall be paid prior to issuance of a building permit.
f GENERAL
f
49. Any utility trenches or other excavations within existing asphalt concrete pavement
of off-site streets required by the proposed development shall be backfilled and
repaired in accordance with City of Palm Springs Standard Drawing No. 115. The
developer shall be responsible for removing, grinding, paving and/or overlaying
j existing asphalt concrete pavement of off-site streets as required by and at the
discretion of the City Engineer, including additional pavement repairs to pavement
repairs made by utility companiesfor utilities Installed forthe benefit of the proposed
development (i.e. Desert Water Agency, Southern California Edison, Southern
California Gas Company, Time Warner. Verizon, etc.). Multiple excavations,
trenches,and other street cuts within existing asphalt concrete pavement of off-site
streets required by the proposed development may require complete grinding and
asphalt concrete overlay of the affected off-site-streets,at the discretion of the City
Engineer. The pavement condition of the existing off-site streets shall be returned
to a condition equal to or better than existed prior to construction of the proposed
development.
50. All proposed utility lines shall be Installed underground.
51. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
52. Upon approval of any improvement plan bythe City Engineer,the improvement plan
shall be provided to the City in digital format, consisting of a DWG (AutoCAD
drawing file)and DXF(AutoCAD ASCII drawing exchange file).Variation of the type
and format of the digital data to be submitted to the City may be authorized, upon
prior approval of the City Engineer,
53. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-built"
information and returned to the Engineering Division priorto issuance of a certificate
of occupancy. Any modifications or changes to approved improvement plans shall
be submitted to the City Engineer for approval prior to construction.
' 111
44
54. Nothing shall be constructed or planted in the comer cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs zoning Code Section 93.02.00, D.
55. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per City
of Palm Springs Standard Drawing No. 904.
MAP
56. A Final Map shall be prepared by California registered Land Surveyor or qualified
Civil Engineerand submitted to the Engineering Division for review and approval.A
Title Report prepared for subdivision guarantee forthe subject property,the traverse
closures for the existing parcel and all lots created therefrom, and copies of record
documents shall be submitted with the Final Map to the Engineering Division as part
of the review of the Map.The Final Map shall be approved by the City Council prior
to issuance of building permits.
57. A copy of draft Covenants,Conditions and Restrictions(CC&R's)shall be submitted
to the City Engineer for review and approval for any restrictions related to the
Engineering Division's recommendations. The CC&R's shall be provided with the
first.submittal of the final map, and shall he approved by the City Engineer prior to 1
approval of the Final Map.
58. 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 consistentwith
annotation shown on the map;map number,and map filename,G.LS.data format
shall be provided on a CDROM1DVD containing the following;ArcGIS Geodatabase,
ArcView Shapefile, Arcinfo Coverage or Exchange file (e00), DWG (AutoCAD
drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing
exchange file). Variations of the type and format of G.I.S. digital data to be
submitted to the City may be authorized, upon prior approval of the City Engineer.
TRAFFIC
59. If not already completed by others, submit traffic striping plans for Avenida
Caballeros at San Rafael Drive to provide a southbound left-turn lane,southbound
through/right-turn lane,northbound left-turn lane,and northbound through/right-tum
lane, prepared by a California registered civil engineer,for review and approval by
the City Engineer.
12
45
60. The applicant shall be responsible for payment of its fair share of 4.05%(or$1,575)
of the cost to Install traffic striping Improvements at the Avenida Caballeros and San '
Rafael Drive intersection to provide a southbound left-turn lane, southbound
through/right-turn lane, additional westbound through lane, northbound left-turn
lane, and northbound through/right-turn lane.
61. A minimum of 48 inches of clearance shall be provided on public sidewalks for
handicap accessibility.Minimum clearance on public sidewalks 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 San Rafael Drive,Avenida Caballeros,and Francis Drive frontages of the
subject property.
62. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, and striping associated with the proposed development shall be replaced
as required by the City Engineer prior to issuance of a Certificate of Occupancy.
63, Install a street name sign and a 24 inch stop sign,stop bar, and "STOP"legend at
the northeast comer of Avenida Caballeros with Azure Court,Enamor Court,Lucent
Court,and Solace Court,in accordance with City of Palm Springs Standard Drawing
Nos. 620 through 625.
.64_ Construction signing, lighting and banlcading shall be provided foron all projects as '
required by City Standards or as.directed by the City Engineer.As a minimum, all
construction signing, lighting and barricading shall be in accordance with State of
California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance WorkZones"dated 1996,or subsequent additions in
force at the time of construction.
65. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
POLICE DEPARTMENT
1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
2. Prior to any construction on-site, all appropriate permits must be secured.
FIRE
3. Fire Flow: Fire flow will be estimated once the square footage and type of construction
is known.
13
46
IIi
I
ATTACHMENT 3
RESOLUTION
i
47
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP
33933 FOR PROPERTY LOCATED AT 1110 FRANCIS
DRIVE, IN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4
EAST, AND APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH PS AVENIDA CABALLEROS/SAN
RAFAEL LLC, A DELAWARE LIMITED LIABILITY
COMPANY
WHEREAS, the Planning Commission, at its meeting of December 14, 2005,
recommended approval of Tentative Tract Map 33933, prepared by Stantec Consulting,
representing PS Avenida Caballeros/San Rafael LLC, a Delaware Limited Liability
Company, for the above described property; and
WHEREAS, the City Council at its meeting of January 18, 2006, approved Tentative
Tract Map 33933 subject to conditions; and
WHEREAS, an easement for highway right-of-way over the north 40 feet of Tract Map
33933 in favor of the County of Riverside approved October 23, 1937, Document No.
24279; and an easement for street right-of-way and public utility purposes and
incidental purposes, in favor of City of Palm Springs, recorded March 2, 1981 as
Instrument No. 36061, is to be abandoned pursuant to Section 66434 (g) of the
Government Code; and
WHEREAS, the owner offers for dedication to public use Lots "A" through "C" for public
street and public utility purposes; an easement over the 'Private Street Easements"
(Azure Court, Enamor Court, Lucent Court and Solace Court) for public utility and sewer
purposes, with the right of ingress and egress for service and emergency vehicles and
personnel as shown within the map; and an easement twenty (20) feet in width as
shown within the map for sewer purposes; an easement ten (10) feet in width for public
utility purposes adjacent to the private streets; and abutters rights of access adjacent to
San Rafael Drive and Avenida Caballeros, except for private street easement openings
j as shown on the map.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
1. That Final Map 33933 is in substantial conformance with approved Tentative
Tract Map 33933; and
2. That requisite conditions associated with Tentative Tract Map 33933 have been
satisfied; and
3. That Final Map 33933 is in conformance with the General Plan; and
4. That Final Map 33933 conforms to all requirements of the Subdivision Map Act of
the State of California; and
�g
Resolution No.
Page 2
5. That the abandonment of an easement for highway right-of-way over the north 40
' feet of Tract Map 33933 in favor of the County of Riverside approved October 23,
1937, Document No. 24279; and an easement for street right-of-way and public
utility purposes and incidental purposes, in favor of City of Palm Springs,
recorded March 2, 1981 as Instrument No. 36061, is approved, pursuant to
Section 66434(g) of the Government Code; and
6. That all offers of dedication to the public on Final Map 33933 shall be accepted
by the City Clerk of the City of Palm Springs; and
7. That the City Manager is hereby authorized to enter into a Subdivision
Improvement Agreement with the subdivider and to accept subdivision.
improvement security in conformance with the requirements therein for
construction of required public improvements; and
8. That the City Clerk shall cause to have recorded with the Riverside County
Recorder the Subdivision Improvement Agreement; and
9. That Final Map 33933 is hereby approved for purposes therein defined.
ADOPTED THIS 26th day of July, 2006.
David H. Ready, City Manager
ATTEST: -
James Thompson, City Clerk
i
I
49
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
1 Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on July 26, 2006, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
R
I
I
I
I
50
ATTACHMENT 2
51
LEE 8z STIRES INC .
C)1+ FJ<_''E: (909) 983-9557 • FAX. (909) 983- 1351
F, IVL:AI.I,: irar(w_hla�e sUres.cUnr
SITE IMPROVEMENTS 0 EARTHWORK • CONCRETE "ASPHALT PAVING
'M 1Ait.I.N f>Ai.I777at.krSSc P.i].I3C)M. 2124 • li4<1[V"J`<:•1.A IiY. C71+,r,1 k'C?RNIA 91763
OPFICIi YARb: 49i S01�'rkS I AT,MKITQ 3V5:., r3&t'I'AKL6.C.'A A.TFi;1i¢StiIPR 511-6�2
To: Far West Industries Contact: Brian Berkson
Address: 2922 Daimler Street Phone: (949)224-1970
Santa Ana,CA 92705 USA Fax: (949)224-1963
Project Name: Tract 33933 Bid Number: 121S1-A4 3-57
Project Location: N/E/C Francis Drive&Avenida Caballeros, Palm Springs,CA Bid Date: 3/30/2015
THIS BID IS TO REMOVE 3"OF EXISTING ASPHALT FROM ENAMOR COURT, RE-COMPACT EXISTING BASE AND PAVE 3"ASPHALT. APPLY ONE
COAT OF SEAL COAT TO AZURE COURT.
Item# Item Description Estimated Quantity Unit Unit Price Total Price
3. Asphalt Paving Items:
3.01 Enamor Court: Remove 3"Of Existing Asphalt,Compact 18,295.00 SF $2.33 $42,627.35
Existing Base And Pave 3"Asphalt.
3.02 Azure Court: Clean Asphalt And Apply One Coat Of 18,295.00 SF $0.26 $4,756.70
Overkote Seal Coat To Existing Asphalt
Total Price for above 3. Asphalt Paving Items:Items: $47,384.05
Notes:
• Terms and conditions per original contract.
• Prices are based on improvements being completed by 6/30/2015.
' All items will be field measured and billed at unit prices.
• Prices are based on move ins as follows: Remove and Replace Asphalt Paving(1), Seal Coat(1).
' Prevailing wages are not included.
Weekend work not included in bid.
Payment Terms:
Payment due within 30 days of date of invoice.
ACCEPTED: CONFIRMED:
The above prices,specifications and conditions are satisfactory and Lee&Stires, Inc.
are hereby accepted.
Buyer:
Signature: Authorized Signature:
Date of Acceptance: Estimator:
Page 1 of 1
52
ATTACHMENT 3
53
CASH DEPOSIT AGREEMENT
Repair of Enamor Court, Community of Murano
City of Palm Springs, California
THIS CASH DEPOSIT AGREEMENT (this "Agreement") is dated and entered into as
of May 6, 2015, by and between Far West Industries, a California corporation ("Far West'), and
the City of Palm Springs, a California charter city the "City"). Far West and the City may
hereinafter sometimes be referred to individually as the "Party" or, collectively, as the "Parties."
RECITALS
A. The City and P.S. Avenida Caballeros/San Rafael, LLC, a Delaware limited
liability company ("Subdivider") entered into that certain Subdivision Improvement Agreement
dated August 1, 2006 (`Subdivision Agreement"), which provides, inter alia, for the installation
and completion, at Subdivider's expense, of certain public improvement work required by the
City in connection with the approval of the Tract Map for Tract 33933 located within the City
(the "Subdivision").
B. Subdivider also provided the City with a faithful performance bond in the original
amount of$1,080,000 to cover installation and completion of street improvements, water system
improvements, adjustments in sewer manholes and the sewer system throughout the Subdivision,
all more fully set forth in the Subdivision Agreement (the "Bond"). The Bond was issued by
International Fidelity Insurance Company ("IFIC") and is held by the City.
C. Subdivider installed most of the land improvements and lots and constructed and
sold fifteen (15) homes to individual buyers. Included in the land improvements completed by
Subdivider were two (2) of the four (4) streets within the Subdivision (i.e., the final cap,
manholes were raised to final grade and all west and dry utilities had been installed on those two
(2) streets). The two (2) streets completed by Subdivider were Enamor Court and Azure Court.
D. Subdivider subsequently defaulted under its construction loan and the lender
foreclosed on the forty-two unsold lots. Far West acquired those lots directly from the lender
pursuant to a Grant Deed recorded on October 14, 2011, as Document No. 2011-0454865, in the
Official Records of the County of Riverside, State of California.
E. Far West has now completed homes on all of the lots it acquired, completed
construction of the two (2) remaining streets and all homes have been sold, except for Lot 54
within the Subdivision (`Lot 54"). Lot 54 is in escrow and is scheduled to close on April 24,
2015.
F. Far West has requested that the City issue a certificate of occupancy for Lot 54
(the "Certificate of Occupancy"). The City, however, has stated that, as a condition to its
issuance of the Certificate of Occupancy, the asphalt on Azure Court must be cleaned and re-
sealed and that the entirety of Enamor Court must be removed and replaced. Far West asserts
that it is not its responsibility to perform such repairs and replacement, but instead, is the
responsibility of Subdivider.
1
G:\Murano-Palm Springs\Land DevelopmentWgn:ement for Cash Deposit--Enamor Court v2.doc 54
G. The City and Far West have now reached an agreement with regard to the repair
of Azure Court and the replacement of Enamor Court (the "Street Repairs"). In order to cause the
Certificate of Occupancy to be issued, Far West will provide the City with a cash deposit in the
amount of Forty-Seven Thousand Five Hundred and no/100 Dollars ($47,500.00), which sum is
the estimated cost to perform the Street Repairs. The City, in turn, will assign to Far West its
rights under the Bond and Subdivision Agreement and Far West will pursue a claim against the
Bond issued by IFIC to pay for the Street Repairs.
AGREEMENT
NOW THEREFORE, in consideration of the recitals (which are incorporated herein by
reference), covenants and agreements set forth herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
I- Far West will provide the City with a total cash deposit of Forty-Seven Thousand
Five Hundred and no/100 Dollars ($47,500.00) (the "Cash Deposit"). Twenty-Four Thousand
and no/100 Dollars ($24,000.00) of the Cash Deposit will be satisfied by Far West's dust control
cash deposit that is currently being held by the City and will be redesignated for use as a portion
of the Cash Deposit. Far West shall deliver to the City a check in the amount of Twenty-Three
Thousand Five Hundred and no/100 Dollars ($23,500.00) for the balance of the Cash Deposit.
2. Upon receipt of the Cash Deposit, the City will immediately issue a Certificate of
Completion on Lot 54.
3. Within five (5) business days, the City will provide a signed agreement assigning
the Bond and all of its rights, title and interest thereunder, to Far West (the "Bond Assignment"),
along with the original Bond. Within thirty (30) calendar days after the receipt of the Bond
Assignment and original Bond, Far West will file a claim with IFIC against the Bond and
vigorously pursue such claim to seek payment of the funds required to perform the Street Repairs
(the "Street Repair Funds").
4. Notwithstanding Far West's pursuit of the claim with IFIC against the Bond, Far
West hereby agrees to cause the Street Repairs to be performed and completed on or before May
1, 2016. Upon completion of the Street Repairs and acceptance of same by the City, which
acceptance will not be unreasonably withheld, the City will release the Cash Deposit to Far
West.
5. Except as specifically limited by the terms of this Agreement, any Party to this
Agreement shall have the right to enforce, by proceedings at law or in equity, all rights, terms
and conditions now or hereafter imposed or created by the provisions of this Agreement, or any
amendment thereto, including the right to prevent the violation of any such rights, terms and
conditions and the right to recover damages for such violation.
6. All rights, options, and remedies of the Parties under this Agreement are
cumulative, and no one of them shall be exclusive of any other, and the Parties hereto shall have
2
G:`,Murano-Palm Springs`,Land Developmem Agreement for Cash Deposit--Enamor Court vldoc 55
the right to pursue any one or all of such rights, options, and remedies, or any other remedy or
relief that may be provided by law, whether or not stated in this Agreement.
7. Failure by any Party hereto to enforce any right, term or condition herein
contained, shall not be deemed a waiver of such right on any such future breach of the same or
any other term or condition contained herein.
8. All notices required or permitted to be delivered hereunder shall be in writing and
shall be delivered in person or by overnight express carrier or by United States registered or
certified mail with return receipt requested, by facsimile or e-mail with confirmation of receipt.
If delivered in person, such notices shall be effective on the date of delivery and, if sent by
overnight express carrier, shall be effective on the next business day immediately following the
day sent and, if so mailed, shall be effective at the time of deposit in any U.S. Post Office or
collection box with postage prepaid and, if sent by facsimile or e-mail, shall be deemed effective
on the day when sent. All notices shall be addressed as follows:
If to City: City of Palm Springs, California
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone: (760) 322-8380
Facsimile:
Attention: Assistant City Manager/City Engineer
Email rn ll,:u" Eutlel :rI aln s nzs ca.&,ot
If to Transferee: Far West Industries
2922 Daimler Street
Santa Ana, CA 92705
Telephone: (949) 224-1970
Facsimile: (949) 224-1963
Attention: Ira Glasky
Email 1gla5l�y� rIuv�esunclastll�_s_,ccain
or at such other addresses as either party hereto may designate by giving written notice thereof to
the other party hereto in the aforesaid manner.
13. This Agreement contains the entire agreement of the Parties hereto relating to the
Tights herein granted and the obligations herein assumed. If any clause, sentence, or other
portion of the terms, conditions, covenants and restrictions of this Agreement shall become
illegal, null, or void for any reason, or be held by a court of competent jurisdiction to be so, the
remaining portion will remain in full force and effect. The Parties shall in no event be deemed to
be partners of one another by reason of the terms of this Agreement. In the event of any dispute
between the Parties hereto involving the performance or interpretation of the covenants or
conditions contained in this Agreement or arising out of the subject matter of this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees,
expenses and costs, including costs on appeal and costs in any bankruptcy proceeding (including
any post-petition proceedings). Each individual executing this Agreement represents that he or
3
O:\Mumno-Palm Springs\land Devclopment\Agreement for Cash Deposit—Enamor Court v1doc 56
She is duly authorir-ed to execute and delilcr this Agreement on behatfoI'the Party for "xItich he
or she is signim?- and that this Agreement is binding upon the Party fair which lie or she is signing
in accordance with its terms. Phis Agreement is Clcernzd to hatic been made in the State of
California, and its interpretation. its construction and the remedies ['or its enforcement or breach
are to be applied pursuant to, and in accordance with iire larks of the State of California for
contracts made and to he pet-lormed therein. This Agreement may be executed in any number of
counterparts. each o'l'vNhich shall be deemed to be an original and all of which tooetlter shalt he
deemed to be one and the same instrument.
14. F.,ach Party shall deliver such tbrther documents and instruments, and shall take
such other actions as mac be reasonably required or appropt-iate to evidence or carry out the
intent and purposes of this Agreement.
IN WI1'NI FSS ``WHEREOF. the Parties hate executed this; Agreement as (if'thedate first
written above.
"Far West": FAR WE—.,S F IN1?11S I RIF-IS.
a California corporation
Scott C,soy. President
"City": CITY OF PALM SPRINGS.
a municipal corporation of the State ol'California
By
Name:
Title:
t
G 6lurano-Palm stui¢esland Devclopment;A reemem rnr Ceeh I)cjustt--Enamor Court vldm 57
ATTACHMENT 4
58
RESOLUTION NO. 21489
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVING TENTATIVE
TRACT MAP 33933, FOR THE 57 SINGLE-FAMILY
RESIDENTIAL SUB-DIVISION, ON AN APPROXIMATE 20-
ACRE PARCEL LOCATED ON THE EAST SIDE OF AVENIDA
CABALLEROS BETWEEN EAST FRANCIS DRIVE AND SAN
RAFAEL ROAD.
WHEREAS, PS Avenida Caballeros/San Rafael, LLC, (the "Applicant") has filed an
application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code,
for Tentative Tract Map 33933; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act (`CEQA°), and an Environmental Assessment has
been prepared for this project and has been distributed for public review and comments in
accordance with CEQA; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Tentative Tract Map 33933 was given in accordance with applicable law; and
WHEREAS, on December 28, 2005, a public hearing on the application for the project was
held by the Planning Commission in accordance with applicable law; and
WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission
has independently considered the effect of the proposed subdivision, Tentative Tract Map
33393, on the housing needs of the region in which Palm springs is situated and has
balanced these needs against the public service needs of its residents and available fiscal
and environmental resources; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the project, including but not limited
to the staff report, all environmental data including the environmental assessment
prepared for the project and all written and oral testimony presented; and
WHEREAS, the Planning Commission determined that the appropriate findings could be
made, and recommended that the City Council adopt the draft mitigated negative
declaration, thereby approving the project; and
WHEREAS, Tentative Tract Map 33933 is subject to the approval of the City Council; and
WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to
' consider Tentative Tract Map 33933 was given in accordance with applicable law; and
WHEREAS, on January 18, 2006, a public hearing on the application for the project was
held by the City Council in accordance with applicable law; and
59
Resolution No. 21489
Page 2
WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has
considered the effect of the proposed project on the housing needs of the region, and has
balanced these needs against the public service needs of residents and available fiscal
and environmental resources; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting on the project, including but not limited to the
staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1: A Mitigated Negative Declaration (MND) has been completed in compliance
with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City
Council finds that with the incorporation of proposed mitigation measures, potentially
significant environmental impacts resulting from this project will be reduced to a level of
insignificance and therefore recommends the adoption of the Mitigated Negative
Declaration for the project. The City Council has independently reviewed and considered
the information contained in the MND prior to its review of this Project and the MND
reflects the City Council's independent judgment and analysis.
SECTION 2: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City '
Council finds that with the incorporation of those conditions attached in Exhibit A:
a. The proposed Tentative Tract Map is consistent with all applicable general and
specific plans.
The proposed Tentative Map is consistent with the goals and objectives of the L-4
(Low Density Residential), General Plan designation which governs the subject
property as well as all property adjacent to the subject site. The applicant is
proposing fifty seven lots on an approximately 20-acre parcel; this proposal is within
the density parameters of the General Plan.
b. The design and improvements of the proposed Tentative Tract Map are consistent
with the zone in which the property is located.
The proposed project is consistent with the zoning designation of R-1-C, which
allows the development of single-family residence at the proposed location. The
proposed subdivision and the provision for its design and improvements comply
with the applicable development standards for streets and lot design.
c. The site is physically suited for this type of development.
The project site is relatively flat and each lot contains adequate developable '
building area. There are no known bodies of water, ravines, or significant
topographic features on the subject property.
60
Resolution No.21489
Page 3
' d. The site is physically suited for the proposed density of development.
The General Plan Designation of L-4 establishes a threshold density of 3 dwelling
units per acre and a maximum of four dwelling units per acre. The proposed density
of approximately 3 dwelling units per net acre is within the allowable range of
density. Thus the site is physically suited for the number of proposed number of
lots, and the density of the subdivision is consistent with the General Plan.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitat.
The Environmental Initial Study prepared for the site determined that the project is
adjacent to existing residential uses to the southern, northern and easterly portions
of the location. With the implementation of proposed mitigation measures, any
environmental impacts affecting animals or plants will be mitigated to a level of less
than significant. There are no known bodies of water on the subject property and
therefore no fish, wildlife or their habitat will be disturbed.
f. The design of the subdivision or type of improvements is not likely to cause serious
public health problems.
The design of the proposed subdivision includes the provision of public water and
sewer systems, a drainage design that protects home sites while providing water
quality basins, and a street system which is consistent with City Standards.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements across the subject property; therefore, the
design of the subdivision will not conflict with any public easements for access
through or use of the property. The applicant is required to dedicate necessary
easements for public access and circulation in and around the new subdivision.
SECTION 3. The City Council adopts the Mitigated Negative Declaration for Tentative
Tract Map 33933, and directs staff to file the associated Notice of Determination.
SECTION 4: The City Council approves Tentative Tract Map 33933.
ADOPTED this 181" day of January, 2006.
David H. Ready, QJ40 tanager
61
Resolution No. 21489
Page 4
ATTEST:
Ymes Thompson, City Clerk
a CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California hereby certify
that Resolution No. 21489 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, California, on January 18,
2006, by the following vote:
AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat,
and Mayor Oden
NOES: None
ABSENT: Councilmember Mills
ABSTAIN: None J '
L/Cmes Thompson,-City Clerk
ity of Palm Springs, California
62