HomeMy WebLinkAbout05291 - VIA ESCUELA LAND PARTNERS LLC TM 33542 SUBDIVISION IMP AGR 01111
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IP'$ City ®f Palm Springs
Department of Public Works and Engineering
3200 E.Taliquitz Canyon Way • Palm Springs, California 92262
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Tel:(760)323-8253 • Fax:(760)322-8360 • Web: www.palmspringsca.gov
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December 27, 2011 o
Continental Commercial Insurance Brokers �-�I
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445 Marine View Avenue; Suite#320 M
Del Mar, CA 92014 c, Lo >M
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Attn: Pat Henderson
Re:Tract Map 33542 (Via Escuela Land Partners, LLC) V"
Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision
Improvement Agreement between the City of Palm Springs and Via Escuela Land Partners, LLC
related to Tract Map 33542, have been fully satisfied. The City in in receipt of a current Title Report
and has verified that there are no mechanic's liens for labor or materials for the property, so the
existing Labor/Materials bond can be decreased from $302,800.00 to zero. The
Maintenance/Warranty Bond can now be decreased from $90,840.00 to zero, since one year has
passed since the acceptance of the project in its entirety, by the City.
• Labor& Materials Bond; Included in Performance Bond; $ 0.00
• Maintenance/Warranty Bond; Included in Performance Bond; $ 0.00
All work covered under the Subdivision Improvement Agreement was accepted by the Engineering
Department on December 20, 2010. All subdivision securities required by the Subdivision
Improvement agreement are released as of December 27, 2011.
• Faithful Performance Bond; Bond No. 726247S; $ 0.00
• Monumentation Bond; Bond No. 726248S; $ 0.00
If you have any questions, I can be reached at(760) 323-8253, extension 8741.
Sincerely,
eA
Carol Templeton
Engineering Associate
Ca Rudy Herrera of Family Development we email;James Thompson,City Clerk;TM33542 file
Post Office Box 2743 0 Palm Springs, California 92263-2743
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City of Palm Springs
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Department of Public Works and Engineering
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�A7- -n� 3200 P. Tahquitz Canyon Way • Palm Springs,California 92262
Cip/FpRN'\p Tel: (760) 323-8253 Fax: (760)322-8360 • Web: www.paimspringsca.gov
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February 23, 2011 r, ' co '_rn
Palm Springs Tangerine Group, LLC M=' ^M
c/o Family Development -
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73081 Fred Waring Drive ry
Palm Desert, CA 92260
Re:Tract Map 33542 (Via Escuela Land Partners, LLC): Time Extension for Subdivision
Improvement Agreement
Mr. Rudy C. Herrera,
On February 2, 2011 the City Council approved a one-year time extension for the completion of
obligations associated with Subdivision Improvement Agreement No. 5291 for Tract Map No.
33542 (Tangerine), with Via Escuela Land Partners, LLC.
The new expiration date for the Tract Map No. 33542 Subdivision Improvement Agreement is
September 3, 2012.
If you have any questions, I can be reached at (760) 323-8253, extension 8741.
Sincerely,
Carol Templeton
Engineering Associate
CC:Rudy Herrera with Family Development,via email;James Thompson,City Clark;TM33542 file
Post Office Box 2743 0 Palm Springs, California 92263-2743
S
c City of Palm Springs
K Department of Public Works and Engineering
3200 E. Tahquitz Canyon Way • Palm Springs, California 92262
C11 F0 \�- Tel: (760) 323-825 3 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov
February 23, 2011
d'E 5o`L� zZ
Continental Commercial Insurance Brokers r,-Z
445 Marine View Avenue; Suite#320 ., � "r
Del Mar, CA 92014 _, ry
Attn: Pat Henderson �^- '• -'�"
Re:Tract Map 33542 (Via Escuela Land Partners, LLC) `IT.
.. ry
Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision
Improvement Agreement between the City of Palm Springs and Via Escuela Land Partners, LLC
related to Tract Map 33542, have been partially satisfied. The remaining work has been completed,
so the Faithful Performance Bond can be decreased from $9,900.00 to zero. The Monumentation
Bond can also be decreased (from $1000.00 to zero) because the monumentation work has been
completed and Amir Engineering has been paid for the work. The Faithful Performance Bond and
Monumentation Bond required by the agreement may now be released:
• Faithful Performance Bond; Bond No, 726247S; $ 0.00
• Monumentation Bond; Bond No. 726248S; $ 0.00
The Labor/Materials Bond can not be released until the City is receipt of copies of recorded
Notice(s) of completion, if any, with an updated Title Report for the.entire property dated at least 60
days after the recorded Notice(s) of Completion, if any, OR 90 days after acceptance of the work if
no Notice(s) of Completion are recorded, to verify existence of any recorded Mechanic's Liens. All
work covered under the agreement was accepted by the Engineering Department on December 20,
2010. The Maintenance/Warranty Bond can not be released until one year after the acceptance of
the work (i.e., on December 20, 2011). The following subdivision securities required by the
Subdivision Improvement agreement shall remain in full force and effect until further notice:
• Labor& Materials Bond; Included in Performance Bond; $302,800.00
• Maintenance/Warranty Bond; Included in Performance Bond; $ 90,840.00
If you have any questions, I can be reached at (760) 323-8253, extension 8741.
Sincerely,
Carol Templeton
Engineering Associate
Cc: Rudy Herrera of Family Development,via email;James Thompson,City Clerk,TM33542 file
Post Office Sox 2743 0 Palm Springs, California 92263-2743
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- = ti City of Palm Springs
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Deparrmenc of Public Works and Engineering
3200 L.Tnhqu;rz canyon Way • Palm $prmgs, C:di(orni'i 92262
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February 27, 2009
William Wells
PFF Bank &Trust
9337 Milliken Avenue
Rancho Cucamonga, CA 91730
Re:Tract Map 33542 (Via Escuela Land Partners, LLC): Time Extension for Subdivision
Improvement Agreement
Mr, Wells.-
On February 18, 2009 the City Council approved a one-year time extension for the completion
of obligations associated with Subdivision Improvement Agreement No. 5291 for Tract Map No_
33542 (Tangerine), with Via Escuela Land Partners, LLC, adding a requirement that any
unplanted earthen surface must be stabilized and maintained in accordance with the City's PM-
10 Ordinance.
The new expiration date for the Tract Map No. 33542 Subdivision Improvement Agreement is
September 3, 2010.
If you have any questions, I can be reached at(760) 323-8253, extension 8741.
Sincerely,
F
Carol Templeton c 7
Engineering Associate z: s
_ d -
CC: William Wells ofPFF Bank&Trust vla email,Mark DuPont of Via Escuela Land Partners,LLC via email;Bab Teaford ma email;DS7i� �
Pastamak(Receiver)ofPastemak,Pasternak,&Patton via facsimile;Ellen Phillips ofPastemak,Pastemak,&Patton via email,City Clark;
TM33642 file
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Post Office Box 2743 0 Palm Springs, California 92263-2743
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- � City of Palm Springs
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j1 J /7 - Deparrment of public Works and Engineering
' ^o`aa '1 3200 E. Tahquin Canyon Way • Palm Spriagi,California 92262
�aif�oRN�� Tel. (760) 323-5253 ' Pao. (760) 322-5360 • Web. www.ei,pnlm-spnngs.ca.us
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April 24, 2008 P
Continental Commercial Insurance Brokers
{_ n' n
445 Marine View Avenue; Suite #320
Del Mar, CA 92014 ro
-n
Attn: Pat Henderson
Re:Tract Map 33542 (Via Escuela Land Partners, LLC)
Please consider this letter as the City of Palm Springs' notice that the obligations of the
Subdivision Improvement Agreement between the City of Palm Springs and Via Escuela
Land Partners, LLC related to Tract Map 33542, have been partially satisfied. The remaining
Faithful Performance Bond needed has been calculated using 2008 prices for all remaining
items. The Faithful Performance Bond required by the agreement may now be reduced to
the following amount:
• Faithful Performance Bond: Bond No. 7262475; $ 9,900.00
The Labor/Materials Bond can not be released until the City is receipt of copies of recorded
Notice(s) of completion, if any, with an updated Title Report for the entire property dated at
least 60 days after the recorded Notice(s) of Completion, if any, OR 90 days after
acceptance of the work if no Notice(s) of Completion are recorded, to verify existence of any
recorded Mechanic's Liens- The Maintenance/Warranty Bond can not be released until one
year after the acceptance of the work in its entirety by the City of Palm Springs (which has
not occurred yet). The Monumentation Bond can not be released until the City is in receipt of
a letter from Coachella Valley Engineers stating that the monumentation work has been
completed and that they have been paid for the work. The following subdivision securities
required by the Subdivision Improvement agreement shall remain in full force and effect until
further notice:
Labor& Materials Bond; Included in Performance Bond; $302,800.00
Maintenance/Warranty Bond; Included in Performance Bond; $ 90,840.00
Monumentation Bond; Bond No. 7262485; $ 1,000.00
If you have any questions, I can be reached at(760) 323-8253, extension 8741.
Sincerely,
ewJ t
Carol Templeton
Engineering Associate
Cc: Mark Dupont via email;Bob 7earont via amad.James 7nompson,City Clork:TM33542 file
Posr Office Box 2743 1 Palm Springs, California 92263-2743
'4
HOC # 2006-0701821
09/22/2006 08:00R Fee:NC
Page 1 of 36
PLEASE COMPLETE THIS INFORMATION Recorded in Official Rcccrds
County of Riverside
RECORDING REQUESTED SY: Larry W. Ward
Assessor, County Clerk G Recorder
1
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- Title of Document
TRIO" AREA FOR
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USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3:00 Additional Recording Fee Applies)
ACR 23SP-AS4RE0(Rev.072006)
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
VIA ESCUELA LAND PARTNERS, LLC
A DELAWARE LIMITED LIABILITY COMPANY
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1 A 2 $
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEM NT AGREEMENT (this "Agreement") is
entered into this 3 " day of 2006, by and between the
CITY OF PALM SPRINGS, a California charfer city of the State of California ("CITY"),
and VIA ESCUELA LAND PARTNERS, LLC, a Delaware Limited Liability Company
(Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 33542, located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit °A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit"B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs an easement for public utility purposes as shown on the
Final Map. 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.
❑. 9ubdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein-
1. Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or Cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the '!Works of Improvement"), as the same may be supplemented and revised
1
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5. Cost of Construction and Provision of Inspection
Service............................... ................................................................................9
5.1 Subdivider Responsible for All Related Costs of
Construction...............................................................................................9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services .......... . . ............................... ............. .........10
6. Acceptance of Offers of Dedication.....................................................................10
7. Warranty of Work.................... • . ............................ ......-....................----....10
S. Default................... ..........................................................................................10
3.1 Remedies Not Exclusive................. . ......................... ...............10
8.2 City Right to Perform Work........ ..............................................................10
8.3 Attorney's Fees and Costs...... ..............................................................11
9. Indemnity................................ .......................................................................A l
10 General Provisions.......................................................................:......................11
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
I 2
I IIIIII IIIIIII III IIIII IIIII III�II Ifllll�II IIIII IIII1��1 t1si M a 6 as�eo
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEM NT AGREEMENT (this "Agreement") is
entered into this 3 " day of 2006, by and between the
CITY OF PALM SPRINGS, a California charfer city of the State of California ("CITY"),
and VIA ESCUELA LAND PARTNERS, LLC, a Delaware Limited Liability Company
(Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 33542, located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit °A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit"B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to the City of Palm Springs an easement for public utility purposes as shown on the
Final Map. 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.
❑. 9ubdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein-
1. Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or Cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the '!Works of Improvement"), as the same may be supplemented and revised
1
l��lll flll�Il I�I IIIII IIIII�I�II�I�I�II II��II�� III f��l � 2�B46 E2ooR
' I
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 $605,600.00,
1.2 Other Obliaations Referenced in Conditions of Tentative Map, Approval. In
addition to the foregoing, Subdivider shalt/ 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 contractorto complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work_ Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan,specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments, Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(N) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
1.5 Performance of Work. Subdivider shall turnisn or cause to be furnished aii
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
2
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1_6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City En ineer. in addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the tenors of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
direct control of the individual workmen on the job site. City's inspector shaii have the
authority to stop any and all work not in accordance with [he requirements contained or
referenced in this Agreement.
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II IIIIII I IIIIIII IIIIIIIIIII IIII IIIIIII �9?@AE a£A382a�R
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 A 1. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible For all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Jo3provement. 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 speck parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2-1 Commencement and Completion Dates- Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("CommencemenT
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
.2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon approval by the City Engineer or his
I l I4
I��III��I�IIf I�I IIII�III�I IIIIII llllll lil IIIII III III es zaea o R`oa
designee. Extension of time may be granted upon mutual agreement of the City
Engineer and Subdivider, either verbally or in writing, as required by the City Engineer
or his designee_
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Subdivider
acknowledges City's right to withhold the issuance of further building permits on the
Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements
that are a condition to issuance of building permits have been satisfied. Such
requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the
Subdivider by the City, if, upon a determination by the City Engineer or his designee,
completion of specific Works of Improvements or other requirements associated with
the development of the Property have not been completed to his satisfaction.
2.3 Force Majeure. Notwithstanding the provisions of Section 2.1. Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency (including City), required changes to the scope of work required by City,
and similar causes provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work_ After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty(30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in Califomia Government Code Sections
66499,11-66499.20-3/4. In this regard, Subdivider agrees that if the VVorks of
Improvement have-not been completed on or before the later of two (2) years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
5
IIII�II�IIIII IIIIIIIIIiIII IIIIII IIIi IIIIII� IIIIIII 5 z�a 9�oaa6�een
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of lts 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. Security.
4.1 Reouired Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter"Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
s
�111111111111111111111111111111111111111111111111111111 0s��a1$ dc 036OOR
$605_ 600 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 $3022 800.00 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$1,000.00, 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) wired 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 $9034(7.00 equal to 15% of the estimated
construction cost sat forth in Section 1.1 or a suitable amount determined by the City
Engineer,
4.2 Form of S_ecuritV Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
(a) Bonds, For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 06858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
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days prier 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 er more bank
accounts with financial institutions acceptable to City.
(d) General Reguirements for all Security instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide)-
(!I) 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 surely 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 Len (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
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(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;
(ti) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
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5.2 Payment to City for Cost of Related Inspection and Snaineerino 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 fina0 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.
fi, 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 shag be in addition to, any warranties or other obligations otherwise
imposed by iaw_
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
10
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City_
8.3 Attornev's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorey's fees. In the event of any dispute arising out of Subdividecs
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 attomey's
fees and costs. Such attomey's fees and cost shall include fees and costs on any
appeal, and in addition a parry entitled to attomey'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. Indemni . Subdivider agrees to indemnify, defend, and hold harmless City
and Citys 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, attomey's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries_ This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
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36opA
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_ CorporateAuthoritv.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
12
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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
James Thompson, City lerk David H. Ready, C anager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
APPP,OVED BY CITY COUNCIL
David Barakian, City Engineer 1�4hIL�D t� 1.ob � I
SUBDIVIDER:
VIA ESCUELA LAND PARTNERS, LLC, apelattz f Limited Liability Company
Check one:_Individual Partnership_Corporation' d Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below;for all others, authorized agents must sign this Agreement,
8y: By.
Signature (notarized) i ature (notarized)
Name: Mark Dupont Name:
Title: Managing Member Title:
(For Corporations, this document must For Corporations this documen . ust be
be signed in the above space by one of signed in the ove space by one the
the following: Chairman of the Board, Following: ecretary, Chief Financ I
President or any Vice President) Officer any Assistant Treasurer)
13
I`II I II II 1 I II I
I IAlfll FIIIIII III Ill��I�III Ilfl��I���II III�II�II�II IIII Fl8122 aop 38 ER
Mailing Address:
Via Escuela Land Partners, 1-LC
50 855 Washington St. Suite 204
La Quinta, CA 92253
(760) 900-8889
(760) 323-0402 (fax)
14 I
II�III����� IIIIIIIIillllIIIIIIIIIIII III IIIIIII IIII1II B9/ is 060E GSA
6
ALL-PURPOSE ACKNOWLEDGMENT
Stateof ali rvyln« CAPACITY CLAIMED BY
County of Vr'ir`, d �fo-wr SIGNER
On_n' D b _!before me, � ( eV ez FUH?G,
Date n Name, Title of Officer ❑IIN VIDUAL(5)
personally appeared f�2ar K DU�CYu� gCORPORATE
NAME($) OF IGNER(S) OFFICER(S)
Ilyn�tmrie-9Rr— TITLE(S)
preved o me on the basis of satisfactory evidence to be the ❑PARTNER(S)
persons whose name�a�) is/XfX subscribed to the within ❑ATTORNEYAN-FACT
instrument and acknowledged to me that he/ol*y executed E2TRUST✓=E(S)
the same in his/hr�'f/t�(Or authorized capacity(j6g), and that by oSUBSCRIBING WITNESS
his1V?f1*ir signature`) on the instrument the personM or the ❑GUARDIAN/CONSERVATOR
entity upon behalf of which the persons(s� acted, executed the ❑OTHER
instrument.
Witness my hand
ya,ndd official seal.
�V ZL, )C!C{,�,UJt SIGNER IS REPRESENTING:
Signature of Notary
sONIA L.
Comm GUTIERREZ
N ,f1g7z813 /n
• NOTARY pUd((C,gA1jp0ANlA y,
1f flrvcrayeCcunq
Cpmm Eu vu
ATTENTION NOTARY: Although the information requested below is OPTIONA7could,,pr"event
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 U tc
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
Ir 71t 5
lIIIIIIIII�IIIIIII�II�I�IIIIIIII��I�III IIIIfIII��ilil�i 09/22/i 06f 3609P
EXHIBIT"A"
TRACT MAP 33542 LEGAL DESCRIPTION
Tract Map No. 33542, as recorded in Map Book 0i , Pages �d through inclusive, records
of Riverside County, California.
16
I IIII I II II II I II IIIP II{ I I Ill I I��I II PI III O9/df?09 oF06 EBBR
EXHIBIT"B"
TENTATIVE TRACT MAP 33642 CONDITIONS OF APPROVAL
17
1111111111111 111 lllllllllillllll loll l(f 1111111111 p3��2a oe e2GeoA
CONDITIONS OF APPROVAL
CASE TTM33542-TENTATIVE TRACT MAP
CASE 5.1038 PD-310 - PLANNED DEVELOPMENT DISTRICT
VIA ESCUELA LAND PARTNERS, LLC
SOUTHWEST CORNER OF VIA ESCUELA AND NORTH PALM CANYON
DRIVE
SEPTEMBER7 22, 2005
Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer, the Director of Planning
Services, the Chief of Police, the Fire Chief or their designee, depending on which
department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a
form approved by the City Attorney.
ADMINISTRATIVE
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any
other City Codes, ordinances and resolutions which supplement the zoning
district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm
Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or
employees to attach, set aside, void or annul, an approval of the City of Palm
Springs, its legislative body, advisory agencies, or administrative officers
conceming Case TTM33542 -- Tentative Tract Map and Case 5.1038—
Planned Development District 310. The City of Palm Springs will promptly
notify the applicant of any such claim, action, or proceeding against the City
of Palm Springs and the applicant will either undertake defense of the matter
and pay the City's associated legal costs or will advance funds to pay for
defense of the matter by the City Attorney. If the City of Palm Springs fails to
promptly notify the applicant of any such claim, action or proceeding 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 City's decision to settle or
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June 7,406
CCA
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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, fighting,
signs, walls, and fences between the curb and property line, including
sidewalk or bikeway easement areas that extend onto private property, in a
First class condition, free from waste and debris, and in accordance with all
applicable law, rules, ordinances and regulations of all federal, state, and
local bodies and agencies having jurisdiction at the property owner's sole
expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
I 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 112% for commercial projects or
114%d for residential projects with first $100,000 of total building permit
valuation for individual single-family units exempt. Should the public art be
located on the project site, said location shall be reviewed and approved by
the Director of Planning and Zoning and the Public Arts Commission, and the
property owner shalt enter into a recorded agreement to maintain the art work
and protect the public rights of access and viewing.
5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with
Government Code Section 66477 (Quimby Act), all residential development
shall be required to contribute to mitigate park and recreation impacts such
that, prior to issuance of residential building permits, a parkland fee or
dedication shall be made. Accordingly, all residential development shall be
subject to parkland dedication requirements and/or park improvement fees,
The parkland mitigation amount shall be based upon the cast to acquire and
fully improve parkland. The fee shall be collected by the Planning Services
Department.
6. The project will bring additional residents to the community. The City's
existing public safety and recreation services, including police protection,
criminal justice, fire protection and suppression, ambulance, paramedic, and
other safety services and recreation, library, cultural services are near
capacity. Accordingly, the City may determine to form a Community Services
District under the authority of Government C. Section 53311 at seq, or other
appropriate statutory or municipal authority. Developer agrees to support the
formation of such assessment district and shall waive any right to protest,
provided that the amount of such assessment shall be established through
appropriate study and shall not exceed $500 annually with a consumer price
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index escalator. The district shall be formed prior to sale of any lots or a
covenant agreement shall be recorded against each parcel, permitting
incorporation of the parcel in the district.
CC&R's
7. The applicant prior to issuance of building permits shall submit a draft
declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning Services for approval in a form to be approved by the
City Attorney, to be recorded prior to approval of a final map. The CC&R's
shall be enforceable by the City, shall not be amended without City approval,
shall require maintenance of all property in a good condition and in
accordance with all ordinances,
8. The applicant shall submit to the City of Palm Springs, a deposit in the
amount of$2,O00, for the review of the CC&R's by the City Attorney. A $250
filing fee shall also be paid to the City. Planning Department for administrative
review purposes.
Cultural Resources
9. Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an
Archaeologist qualified according to the Secretary of the Interior's Standards
and Guidelines, shall be employed to survey the area for the presence of
cultural resources identifiable on the ground surface.
10.The project area has the possibility of buried resources. A Native American
Monitor shall be present during all ground-disturbing activities,
a) Experience has shown that there is always a possibility of buried
cultural resources in a project area. Given that, a Native American
Monitor(s) shall be present during all ground disturbing activities
including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of
Cahuilla Indian Cultural OfFice for additional information on the use
and availability of Cultural Resource Monitors. Should buried
cultural deposits be encountered, the Monitor shall contact the
Director of Planning Services and after the consultation the Director
shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to investigate and, if necessary, the
Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua
Caliente Cultural Resource Coordinator for approval.
`I wit
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June 7,2006
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Page A or 15
b) Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations,
record search results and site records/updates shall be forwarded
to the Tribal Planning, Building, and Engineering Department and
one copy to the City Planning and .Zoning Department prior to final
inspection_
Final Design
12, Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services,
Department of Public Works, and Department of Parks and Recreation,
prior to issuance of a building permit. Landscape plans shall be approved
by the Riverside County Agricultural Commissioner's Office prior to
submittal. All landscaping located within the public right of way or within
community facilities districts must be approved by the Public Works
Director and the Director of Parks and Recreation.
13. An exterior lighting plan in accordance with .Zoning Ordinance Section
93.21.00, Outdoor Lighting Standards, shall be submitted for review and
approval by the Director of Planning & Zoning prior to the issuance of
building permits. Manufacturer's cut sheets of all exterior lighting on the
building and in the landscaping shall be submitted for approval prior to
issuance of a building permit. If lights are proposed to be mounted on
buildings, down-lights shall be utilized. No lighting of the hillside is
permitted.
GENERAL CONDITIONS/CODE REQUIREMENTS
14. The Planned Development District approval shall be valid for a period of
two (2) years. Extensions of time may be granted by the Planning
Commission upon demonstration of good cause.
16. If the use of the subject property is ever changed, the City reserves the
right to modify or revoke this Tentative Tract Map and/or Planned
Development District application.
16. The project is subject to the City of Palm Springs Water Efficient
Landscape Ordinance. The applicant shall submit an application for Final
Landscape Document Package to the Director of Planning and Zoning for
review and approval prior to the issuance of a building permit. Refer to
Chapter 8.60 of the Municipal Code for specific requirements.
17. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control
Plan shall be submitted and approved by the Building Official. Refer to
Chapter 8.50 of the Municipal Code for specific requirements.
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18. The grading plan shall show the disposition of all cut and fill materials.
Limits of site disturbance shall be shown and all disturbed areas shall be
fully restored or landscaped.
19. Separate architectural approval and permits shall be required for all signs.
A detailed sign program shall be submitted for review and approval by the
Planning Commission prior to issuance of building permits.
20. All materials on the flat portions of the roof shall be earth tone in color.
21_ All awnings shall be maintained and periodically cleaned.
22. All roof mounted mechanical equipment shall be screened from all
possible vantage points both existing and future per Section 9303.00 of
the zoning Ordinance. The screening shall be considered as an element
of the overall design and must blend with the architectural design of the
building(s). The exterior elevations and roof plans of the buildings shall
indicate any fixtures or equipment to be located on the roof of the building,
the equipment heights, and type of screening. Parapets shall be at least
6"above the equipment for the purpose of screening.
23. No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and
commercial areas_
24. Perimeter walls shall be designed, installed and maintained in compliance
with the corner cutback requirements as required in Section 9302.00.D.
25. The design, height, texture and color of building(s), fences and walls shall
be submitted for review and approval prior to issuance of building permits.
26. The street address numbering/lettering shall not exceed eight inches in
height.
27. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of
Title 25 of the California Administrative Code. Compliance shall be
demonstrated to the satisfaction of the Director of Building and Safety.
28. Submit plans meeting City standard for approval on the proposed trash
and recyclable materials enclosure prior to issuance of a building permit.
29_ Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
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30. No sirens, outside paging or any type of signalization will be permitted,
except approved alarm systems.
31. No outside storage of any kind shall be permitted except as approved as a
part of the proposed plan.
32, Vehicles associated with the operation of the proposed development
including company vehicles or employees vehicles shall not be permitted
to park off the proposed building site unless a parking management plan
has been approved.
33. Prior to the issuance of building permits, locations of all telephone and
electrical boxes must be indicated on the building plans and must be
completely screened and located in the interior of the building. Electrical
transformers must be located toward the interior of the project maintaining
a sufficient distance from the frontage(s) of the project. Said
transformer(s) must be adequately and decoratively screened.
34. The applicant shall provide all tenants with Conditions of Approval of this
project.
35. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap
parking spaces shall be 18 feet deep by 9 feet wide plus a 8 foot walkway
at the right side of the parking space and shall be designated as "van
accessible".
M Handicapped accessibility shall be indicated on the site plan to include the
location of handicapped parking spaces, the main entrance to the
proposed structure and the path of travel to the main entrance.
Consideration shall be given to potential difficulties with the handicapped
accessibility to the building due to the future grading plans for the
property.
37, Curbs shall be installed at a minimum of five (5) feet from face of walls,
fences, buildings, or other structures. Areas that are not part of the
maneuvering area shall have curbs placed at a minimum of two (2) feet
from the face of walls, fences or buildings adjoining driveways.
as. Parking lot light fixtures shall align with stall striping and shall be located
two to three feet from curb face.
39. Islands of not less than 9 feet in width with a minimum of 6 feet of planter
shall be provided every 10 parking spaces. Additional islands may be
necessary to comply with shading requirements.
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40. Shading requirements for parking lot areas as set forth in Section 9306.00
of the Zoning Ordinance shall be met. Details to be provided with final
landscape plan.
41. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin
or elongated "U" design. Individual wheel stops shall be prohibited; a
continuous 6" barrier curb shall provide wheel stops.
42. Concrete walks with a minimum width of two (2) feet shall be installed
adjacent to end parking spaces or end spaces shall be increased to
eleven (11)feet wide.
43, Tree wells shall be provided within the parking lot and shall have a
planting area of six feet in diameter/width-'
44. The development standards for the multiple-family residences are as
follows:
Multiple Family Residential— R-3
Required Proposed
Lot Area 20,000 square feet 68,424 square feet
Lot Width 140 feet 197 to 335 feet
Lot De th 175 feet 232 to 291 feet
Density 34 units (1 unit(2,000 12 units
square-feet) ,_
Building Height 24 feet 23.5 feet
Front Yard 25 feet 30 feet, except 10
(Major Thoroughfare) architectural columns
at 28.5 feet
Side Yard 24 feet along south 10 feet"
propeV line
20 feet along Via 16.5 feet*
Escuela
Rear Yard 24 feet along west 10.5 feet at building
property line. height of 12 feet
24 feet at building
height of 23.5 feet
BuildingDistance 15 feet 10.5 to 13.5 feet"
Parking 24 covered 24 covered
Requirements
3 guest parking 12 guest Darkina
POLICE DEPARTMENT
45. Developer shall comply with Section 11 of Chapter 8.04 of the Palm
Springs Municipal Code.
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BUILDING DEPARTMENT
46. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT
47. Shall comply with all Fire Department codes and regulations
ENGINEERING 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
48. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
49. Applicant shall obtain State permits and approval of plans for all work
done on State Highway 111. A copy of Caltrans requirements shall be
submitted to the City Engineer prior to the issuance of any grading or
building permits.
5o. NORTH PALM CANYON DRIVE
51. Prior to issuance of occupancy permits, the applicant shall install a bus
shelter along the project's North Palm Canyon right-of-way at a location to
be determined by the City Engineer and in compliance with State and
Federal accessibility requirements. The design of the shelter shall
complement the project architecture and shall be reviewed by the Director
of Planning Services prior to installation. No turn-out shall be required.
52. Remove the existing curb retums at the northwest and southwest comers
of the intersection of North Palm Canyon Drive and Via Escuela and
construct new curb returns with spandrels in accordance with City of Palm
Springs Standard Drawing No. 206.
53. Construct a 6 feet wide cross-gutter across the west side of the
intersection of North Palm Canyon Drive at Via Escuela in accordance
with City of Palm Springs Standard Drawing No_ 200_
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54. Check the operation of the irrigation and electrical lighting system for the
existing palm trees located along the frontage of the property in
consultation with the Parks and Recreation Department, and make
necessary repairs as directed by the Director of Parks and Recreation.
55. All broken or off grade street improvements shall be repaired or replaced.
VIA ESCUEIA
56. Construct a 24 feet wide driveway approach in accordance with City of
Palm Springs Standard Drawing No. 201_ The centerline of the driveway
approach shall be located approximately 88 feet west of the east property
line as shown on the approved site plan.
57. The entry shall not be gated. Insufficient space is provided for safe turn-
around of vehicles unable to enter the project.
58. Construct an 8 feet wide sidewalk behind the curb along the entire
Frontage in accordance with City of Palm Springs Standard Drawing No.
210.
59. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE
60. All on-site private driveways, drive aisles, parking areas and other
common access areas shall be constructed in accordance with the
approved site plan. All drive aisles shall have a 24 feet minimum width.
61. Construct curbs, curb and gutter, and cross-gutters as necessary to
accept and convey on-site stormwater runoff to on-site detention basins
andfor parkways, in accordance with applicable City Standards,
62. Construct a minimum pavement section of 2'V2 inches asphalt concrete
pavement over 4 inches crushed miscellaneous base with a minimum .
subgrade of 24 inches at 95% relative compaction, or equal, through the
full width of the travel way (a minimum of 24 feet wide excluding the gutter
at the centerline). 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.
63. Parking shall be prohibited along the private street except for designated
parking areas.
SANITARY SEWER
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64. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
65. An on-site private sewer system shall collect sewage from the
development and connect to the public sewer system in North Palm
Canyon Drive. Sewer plans shall be submitted to the Engineering Division
for review and approval. Private on-site sewer mains shall conform to City
sewer design standards. A profile view of the on-site private sewer mains
are not necessary provided sufficient invert information is indicated on the
plan view, including elevations with conflicting utility lines. Connection of
the on-site private sewer system to the public sewer main shall be
connected as a lateral and not to an existing manhole or with a new
manhole. Plans for sewers other than the private mains, (i.e. building
sewers and laterals from the buildings to the on-site private sewer mains),
are subject to review and approval by the Building Division.
66. All on-site sewer systems shall be privately maintained by a Home
Owners Association (HOA). Provisions for maintenance of the on-site
sewer system acceptable to the City Engineer shall be included in the
Covenants, Conditions and Restrictions (CC&R's) required for this project.
67, A minimum 10 feet wide easement for sewer purposes shall be reserved
on the final map for the benefit of the Home Owners Association across
the southeast corner of the property, within the area designated for Unit 7,
as necessary to facilitate construction of the on-site sewer system and
connection to the public sewer main in North Palm Canyon Drive.
GRADING
68. Submit a Precise Grading Plan prepared by a California registered Civil
Engineer or qualified Architect to the Engineering Division for review and
approval. The Precise Grading Plan shall be approved by the City
Engineer prior to issuance of grading permit.
A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or its grading contractor shall be
required to comply with Chapter 8.50 of the City of Palm Springs Municipal
Code, and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures' as identified in the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class_ The applicant and/or its
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grading contractor shall provide the Engineering Division with current and
valid CertVicate(s) of Completion from AQMD for staff that have completed
the required training. For information on attending a Fugitive Dust Control
Class and information on the Coachella Valley Fugitive Dust Control
Handbook and related "PM10" Dust Control issues, please contact Elio
Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A
Fugitive Dust Control Plan, in conformance with the Coachella Valley
Fugitive Dust Control Handbook, shall be submitted to and approved by
the Engineering Division prior to approval of the Grading plan.
The first submittal of the Grading Plan shall include the following
information a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan; a
copy of current Title Report; a copy of Soils Report; and a copy of the
! associated Hydrology Study/Report.
69. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or
gutters.
70. A National Pollutant Discharge Elimination System (NPDES) stormwater
permit, issued from the California Regional Water Quality Control Board
(Phone No. 760-346-7491) is required for the proposed development. A
copy of the executed permit shall be provided to the City Engineer prior to
approval of a Grading Plan.
71. In accordance with City of Palm Springs Municipal Code, Section 8,50.025
(c), the developer shall post with the City a cash bond of two thousand
dollars ($2,000,00) per disturbed acre for mitigation measures for
erosion/blowsand relating to this property and development.
72. 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.
73. In cooperation with the Riverside County Agricultural Commissioner and
the Califomia Department of Food and Agriculture Red Imported Fire Ant
Project, applicants for grading permits involving a grading plan and
involving the export of soil will be required to present a clearance
document from a Department of Food and Agriculture representative in
the form of an approved "Notification of Intent To Move Soil From or
Within Quarantined Areas of Orange, Riverside, and Los Angeles
Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The
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California Department of Food and Agriculture office is located at 73-710
Fred Waring Drive, palm Desert (Phone: 760-776-8208),
DRAINAGE
74, All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City
Engineer. For all stormwater runoff falling on the site, on-site retention or
other facilities approved by the City Engineer shall be required to contain
the increased stormwater runoff generated by the development of the
property_ Provide a hydrology study to determine the volume of increased
stormwater runoff due to development of the site, and to determine
required stormwater runoff mitigation measures for the proposed
development. Final retention basin sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or
changes to site configuration or layout consistent with the findings of the
final hydrology study. No more than 40-50% of the street frontage
parkway/setback areas should be designed as retention basins. On-site
open space, in conjunction with dry wells and other subsurface drainage
solutions should be considered as alternatives to using landscaped
parkways for on-site retention.
75. Provisions for the interception of nuisance water from entering adjacent
public streets from the project site shall be provided through the use of a
minor storm drain system that collects and conveys nuisance water to
landscape or parkway areas adjacent to North Palm Canyon Drive and Via
Escuela, and in only a stormwater runoff condition, pass runoff directly to
the streets through parkway or under sidewalk drains.
76. The project is subject to flood control and drainage implementation fees.
The acreage drainage fee at the present time is $6,511.00 per acre per
Resolution No. 15189, Fees shall be paid prior to issuance of a building
permit,
77_ Easements for drainage purposes shall be reserved on the final map for
the benefit of the Home Owners Association across the southeast comer
of the property, within the area designated for Unit 7, as necessary to
facilitate construction of the on-site drainage system with overflow to North
Palm Canyon Drive.
GENERAL
78. Any utility trenches or other excavations within existing asphalt concrete
pavement of off site streets required by the proposed development shall
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be backfilled and repaired in accordance with City of Palm Springs
Standard Drawing No. 115.
79. All proposed utility lines shall be installed underground.
80, All existing utilities shall be shown on the grading plans. The existing and
proposed service laterals shall be shown from the main line to the property
line.
81, 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
prior to issuance of a certificate of occupancy. Any modifications or
changes to approved improvement plans shall be submitted to the City
Engineer for approval prior to construction.
82. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts
or less and overhead service drop conductors, and all gas, telephone,
television cable service, and similar service wires or lines, which are on-
site, abutting, and/or transecting, shall be. installed underground unless
specific restrictions are shown in General Orders 95 and 128 of the
Califomia Public Utilities Commission, and service requirements published
by the utilities. A detailed plan approved by the owner(s) of the affected
utilities depicting all above ground facilities in the area of the project to be
undergrounded, shall be submitted to the Engineering Division prior to
approval of any grading plan.
The existing overhead utilities across the west property line meet the
requirement"to be installed underground_ The developer is advised to
investigate the nature of these utilities, the availability of undergrounding
these utilities with respect to adjacent and off-site properties, and to
present its case for a waiver of the Municipal Code requirement, if
appropriate, to the Planning Commission and/or City Council as part of its
review and approval of this project.
If utility undergrounding is deferred in accordance with specific direction by
the Planning Commission and/or City Council, the record property owner
shall enter into a covenant agreeing to underground all of the existing
overhead utilities required by the Municipal Code in the future upon
request of the City of Palm Springs City Engineer at such time as deemed
necessary. The covenant shall be executed and notarized by the property
owner and submitted to the City Engineer prior to issuance of a grading
permit. A current title report; or a copy of a current tax bill and a copy of a
vesting grant deed shall be provided to verify current property ownership.
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A covenant preparation fee of$135 shall be paid by the developer prior to
issuance of any grading or building permits.
83. Contact Whitewater Mutual Water Company to determine impacts to any
existing water lines and other facilities that may be located within the
property. Make appropriate arrangements to protect in place or relocate-
any existing Whitewater Mutual Water Company facilities that are
impacted by the development. A letter of approval for relocated or
adjusted facilities from Whitewater Mutual Water Company shall be
submitted to the Engineering Division prior to issuance of a grading
permit.
84_ Nothing shall be constructed or planted in the corner cut-off area of any
driveway which does or will exceed the height required to maintain an
appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
85. All proposed trees within the public right-of-way and within 90 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
86. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for
review and approval. A Title Report prepared for subdivision guarantee for
the subject property, the traverse closures for the existing parcel and all
lots created therefrom, and copies of record documents shall be submitted
with the Final Map to the Engineering Division as part of the review of the
Map. The Final Map shall be approved by the City Council prior to
issuance of building permits_
8'7. Easements for sewer and drainage purposes shall be reserved on the final
map for the.benefit of the Home Owners Association, as required by these
conditions.
TRAFFIC
88. All damaged, destroyed, or modified pavement legends and striping
associated with the proposed development shall be replaced as required
by the City Engineer prior to issuance of a Certificate of Occupancy_
89. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting
the development onto Via Escuela in accordance with City of Palm
Springs Standard Drawing Nos, 620-625.
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go. Construction signing, lighting and barricading shall be provided for on all
projects as required by City Standards or as directed by the City Engineer.
As a minimum, all construction signing, lighting and barricading shall be in
accordance with State of California, Department of Transportation,
"Manual of Traffic Controls for Construction and Maintenance Work
Zones" dated 1996, or subsequent additions in force at the time of
construction.
91. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
92. A fair share contribution for the installation of a future traffic signal at the
intersection of North Palm Canyon Drive and Via Escuela shall be made to
the City. The amount has determined by the City Engineer from data
provided in a traffic study prepared by George Punn Engineering, revised
December 11, 2003, and using estimated peak hour traffic volumes
generated by the proposed development. The fair share contribution is
$572. Payment shall be made prior to approval of a final map.
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