Loading...
HomeMy WebLinkAbout05496 - FIVE STAR PROPERTY DEVELOPMENT LLC SUBDIVISION IMP AGR 720 & 750 S CALLE PALO FIERRO Page 1 of 1 Kathie Hart From: Carol Templeton Sent: August 03, 2011 12:19 PM To: Kathie Hart Subject: RE: A5496-TM 34933 Hi Kathie, �T Yes, it is. \� `3 Carol Templeton, Engineering Associate City of Palm Springs Engineering Division `/ Direct Line(760)323-8253 Ext. 8741 Fax Line(760) 322-8360 or 322-8325 Please note new email address: Carol.templeton@palmspringsca.gov Link to Municipal 8 Zoning Codes: http://www.qcode.-qs/codes/palmsp ngs/view/php NOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING COUNTER IS CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM. CITY HALL IS CLOSED EVERY FRIDAY DUE TO MANDATORY WORK FURLOUGHS. CONFIDENTIALITY NOTICE—This email transmission, and any documents, files, or previous email messages attached to it, may contain information that is confidential or legally priviledged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution, or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at(760) 323-8253 Ext. 8741 or return email and delete the original transmission and its attachments without reading or saving in any manner. From: Kathie Hart Sent: Wednesday,August 03, 2011 12:20 PM To: Carol Templeton Subject: A5496-TM 34933 Ok to close this agreement? Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 'M (760)323-8206 1 A (760)322-8332 ® Kathie.HartKathie.Hart@Palm5�ringsCA� Please note that City Hall is open 8 a.m.to 6 p.m.Monday through Thursday,and closed on Fridays at this time. 08/03/11 O�p A L/M SA0 N City of Palm Springs Department of Public Works and Engineering • �•AORATEO T,• 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 c p 1/FOR Tel:(760)323-8253 • Fax:(760)322-8360 • Web:www.palmspringsca.gov qN� August 2, 2011 y c C?m G ©79 Fullerton & Company 2701 N.W.Vaughn Street#340 to ern Portland, OR 97210 =� mcTi 3 Nrn Attn: Wanda Aguirre "C k G� Re:Tract Map 34933 (Five Star Property Development, LLC) CD 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 Five Star Property Development, LLC related to Tract. Map 34933, have been fully satisfied. The Mechanic's Lien obligation for Buster Lawrence has been paid in full. The following subdivision securities required by the Subdivision Improvement agreement have all been released as of August 2, 2011: • Labor& Materials Bond; Included in Performance Bond; $ 0.00 • Faithful Performance Bond; Bond No. 738508S; $ 0.00 • Maintenance/Warranty Bond; Bond No. 738508S; $ 0.00 If you have any questions,i can be reached at(760) 323-8253, extension 8741. - Sincerely, 6wl Carol Templeton Engineering Associate Cc: Larry Cornell we ama#,,Geri Barnett We email at InswDico.aom,Louis White via mad at Inscof)=cam,James Thompson,City clerk TU34933 We Post Office Box 2743 • Palm Springs, California 92263-2743 1 . y of Palm Springs JI TI Departmetxt of PUb is Works and Engineering 3200 E. Tahquitz Canyon Way • k'alxn Springs, California ')7Z62 l w ypi Tel: (760)323-8253 Fax: (760) 322-8360 • Web: www_palmspringsc ov('J r� rr, _n v; co rn co !"►°t February 23, 2011 '- M Attention: Larry Cornell LO , Five Star Property Development, LLC ... 15555 SE River Forest Drive Portland, OR 97267-3503 Re:Tract Map 34933 (Five Star Property Development, LLC): Time Extension for Subdivision Improvement Agreement Mr. Cornell: On February 2, 2011, the City Council approved a one-year time extension for Subdivision Improvement Agreement No. 5496 for Tract Map No. 34933 (Cocotero), with Five Star Property Development, LLC. The new expiration date for the Tract Map No. 34933 Subdivision Improvement Agreement is June 7, 2012. The reason that the City has granted a time extension for the Subdivision Improvement Agreement for this completed project, is that Five Star Development, LLC has a Labor/Materials Bond that is still in effect. If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate CC: Larry Cornell, via email;James Thompson,City Clerk;TM34933 file RECORDING REQUESTED BY FIRST AMERICAN TITLE INSURANCE COMPANY AND WHEN RECORDED MAIL TO FIRST AMERICAN TITLE INSURANCE COMPANY 3 FIRST AMERICAN WAY NDTS DIVISION SANTA ANA, CA 92707 I tt Trustee Sale No. 09-25287 Loan No. 27220020/FIVE STAR Title Order No. 4201791 Sales Line: (714)573-1965 sg%7 Space above this line for racorder s use only NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 05-04-2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 05-13-2010 at 09:00 AM, FIRST AMERICAN TITLE INSURANCE COMPANY as the duly appointed Trustee under and pursuant to Deed of Trust Recorded 05-09-2007 Instrument 2007-0310343 of official records in the Office of the Recorder of RIVERSIDE County, California, executed by: FIVE STAR PROPERTY DEVELOPMENT, LLC, AN OREGON LIMITED LIABILITY CORPORATION, as Trustor, FRONTIER BANK, FSB (DBA EL PASEO BANK), as original Beneficiary, will sell at public auction sale to the highest bidder for cash, cashier's check drawn by a state or national bank, a cashier's check drawn by a state or federal credit union, or a cashier's check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to the Deed of Trust. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, interest thereon, estimated fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Place of Sale: AT THE SIXTH STREET ENTRANCE TO THE CORONA CIVIC CENTER BUILDING, 815 W. SIXTH STREET, CORONA, CALIFORNIA Legal Description: LOT 11 AND 12 IN BLOCK B OF TAHQUITT RIVER ESTATES #2, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 22 PAGE (S) 76 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY Amount of unpaid balance and other charges: $3,474,454.41(estimated) Street address and other common designation of the real property purported as: VACANT LAND: DIRECTIONS MAY BE OBTAINED BY WRITTEN REQUEST SUBMITTED WITHIN 10 DAYS FROM THE FIRST PUBLICATION OF THIS NOTICE TO: FRONTIER BANK, FSB DBA EL PASEO BANK 010 SLOVAK BARON & EMPEY LLP 1800 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 ATTN: MAUREEN GUINAN APN Number: 508-181-019-9 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The property heretofore described is being sold "as is". DATE: 04-13-2010 FIRST AMERICAN TITLE INSURANCE COMPANY Sal Line: (714)57 965 Trustee: (714)250-3572 FIRST AMERICAN TITLE INSURANCE COMPANY lane nckson,S . r tee Sale Qfficer IS A llLBT COLLECTOR ATTEMPTING TO COLLL'CT A DEBT.ANY INFORMA7 ION OBTAINED WILL. BE USLD POR TIIAT PURPOSE. 2 i RECORDING REQUESTED BY tip... CERTITTBD BY FTRST AMERTCAN TITLE ( f(INSURANCE COMPANY TO BB A COPY 1RST AMERICAN TITLE INSURANC Ij F THE DOCUMENT RECORDED ON 01/11/2010 �iAS3NS'RLTNIENT NO. 2010-0009646 AND WHEN RECORDED MAIL TO J IN BOCK PAGE FIRST AMERICAN TITLE INSURANCE COMPANY C1( CI_r-.OFFICIAL RECORDS OF RIVERSIDE 3 FIRST AMERICAN WAY NDTS DIVISION SANTA ANA,CA 92707 !tom (714)250.3572 (714)250-4325(Fax) I-q CGIq( Space above this line for recorder's use Trustee Sale No. 09-25287 Loan No. 27220020/FIVE STAR Title Order No.4201791 IMPORTANT NOTICE NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account, which is normally five business days prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of default may be recorded (which date of recordation appears on this notice). This amount is $3,365,640.46 as of January 08, 22010 and will increase until your account becomes current. While your property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by your note-and deed of trust or mortgage. If you fail to make future payments on the loan, pay fazes;on;:.the.property, provide insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or mortgagee may require as a condition.to reinstatement that you provide reliable written evidence that you paid all senior liens, property taxes, and hazard insurance premiums. Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded, but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee may mutually agree in writing prior to the time the notice of sale is posted (which may not be earlier than the end of the three- month period stated above) to, among other things, (1) provide additional time in which to cure the default by transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and (2). Following the expiration of the time period referred to in the above paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the legal right to stop the sale of property by paying the entire amount demanded by your creditor. To find out the amount you must pay, to arrange for payment to stop the foreclosure, or if your property is in foreclosure for any other reason, contact: Trustee Sale No. 09-25287 Loan No. 27220020IFIVE STAR Title Order No.4201791 FRONTIER BANK, FSB DBA EL PASEO BANK CIO SLOVAK BARON & EMPEY LLP 1800 EAST TAHQUITZ CANYON WAY PALM SPRINGS CA, 92262 Attn: MAUREEN GUINAN 760-322-2275 If you have any questions, you should contact a lawyer or the governmental agency which may have insured your loan. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure. REMEMBER, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. NOTICE IS HEREBY GIVEN THAT: FIRST AMERICAN TITLE INSURANCE COMPANY is either the original trustee, the duly appointed substituted trustee, or acting as agent for the trastee or beneficiary under a Construction Deed of Trust dated 05-04-2007, executed by FIVE STAR PROPERTY DEVELOPMENT, LLC, AN OREGON LIMITED LIABILITY CORPORATION, as trustor,to secure obligations in favor of FRONTIER BANK, FS6 (DBA EL PASEO BANK), as Beneficiary Recorded 05-09-2007, Instrument 2007-0310343 of official records in the Office of the Recorder of RIVERSIDE County, California, as more fully described on said Deed of Trust. Including the note(s)for the sum of$3,112,500.00 that the beneficial interest under said Deed of Trust and the obligations secured thereby are presently held by the beneficiary; that a breach of, and default in, the obligations for which said Deed of Trust is security has occurred in that the payment has not been made of: - - THE UNPAID PRINCIPAL BALANCE OF $3,018,743.29 WHICH BECAME ALL DUE AND PAYABLE ON 05/07/2009 TOGETHER WITH INTEREST, LATE CHARGES, ADVANCES, IMPOUNDS, TAXES, DELINQUENT PAYMENTS ON SENIOR-LIENS-PR--ASSESSMENTS, PLUS ATTORNEY-S FEES AND/OR COSTS. -That by reason thereof, the present be under such Deed of Trust, has executed and delivered to said Trustee, a written Declaration and Demand for Sale, and has deposited with said duly appointed Trustee, such Deed of Trust and all documents evidencing the obligations secured thereby, and has declared and does hereby declare all sums secured thereby immediately due and payable and has elected and does hereby elect to cause the trust property to he sold to satisfy the obligations secured thereby. - DATE: 01-08-2010 FIRST AMERICAN TITLE INSURANCE COMPANY FIRST AMERICAN TITLE INSURANCE COMPANY IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY a Trustee Sale IC¢f INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. rpPLM sA City of Palm Springs ti V N Deparuncnr of Public Works and Engineering * .* 3200 E Tahquin.Canyon Way • Palm Sprin;;e, C.UNfornil 92262 C TeRarev P Tcl- (760) 3?3-5253 • nnx: (760)322-8360 • Web: www.ci.palm•springs.ca us q�rFOR�� August 31, 2009 o � Fullerton & Company 2701 N.W. Vaughn Street#340 0'� / IG� Portland, OR97210 Attn: Wanda Aguirre r "c Re:Tract Map 34933 (Five Star Property Development, 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 Five Star Property Development, LLC related to Tract Map 34933, have been partially satisfied. The Faithful Performance Bond ($5000.00) and the Maintenance/Warranty Bond ($39,487.50) can now be released. • Faithful Performance Bond; Bond No. 7385085; $ 0,00 • Maintenance/Warranty Bond; Bond No. 738508S; $ 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. Please submit a Title Report dated November 19, 2008 or later so that I can check for Mechanic's Liens and decrease or release your Labor/Materials Bond. The following subdivision security required by the Subdivision Improvement agreement shall remain in full force and effect until further notice: • Labor& Materials Bond; Included in Performance Bond; $131,625.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, jv� Carol Templeton Engineering Associate CO.' Larry Connell via email-Gen Burned wa email of lnscoDico.com;James Thompson,City Clark, TM34933 Rle Posr Office Box 2743 0 Palm Springs', California 92263-2743 F ?ALMUn Sp City of Palm Springs U ^r N * Deparcmenc of Public Works and Engineering �n yi , 3200 F. Tahquirz Canyon Way • Palm Springs, California 92262 ONniEO P �P Tel (760) 323-8253 • F« (760)32M360 ' Web: www.ei.palm-sp ri n,;5 Ca.i�s '9L/FORS February 27, 2009 Five Star Property Development, LLC 15555 SE River Forest Drive Portland, OR 97267-3503 Attn: Larry Cornell Re:Tract Map 34933 (Five Star Property Development, LLC): Time Extension for Subdivision Improvement Agreement Mr. Cornell: On February 18, 2009, the City Council approved a one-year time extension for the completion of remaining obligations associated with Subdivision Improvement Agreement No. 5496 for Tract Map No. 34933 (Cocotero), with Five Star Property Development, LLC. The new expiration date for the Tract Map No. 34933 Subdivision Improvement Agreement is June 7, 2010. If you have any questions, I can be reached at(760) 323-8253, extension 8741. Sincerely, eWLO� Carol Templeton a ., Engineering Associate 1 CC: l.arry Cornell Via email;City Clerk;iri134933l1e r,_� rV —"C-,—^ a� —. Post Office Box 2743 • Palm Sprig7s, California 92263-27,113 DOC # 2007-0708551 11/21/2007 08:000 Fee:NC Page 1 of 37 Recorded in Official Record-, RECORDING REQUESTED BY: county of Riverside CITY OF PALM SPRINGS Larry W. Ward Assessor, County Clerk & Recorder AND WHEN RECORDED MAUL TO: I IIIIII IIIIIII IIII IIIIII IIII IIII IIIIII III IIIII IIII IIII City of Palm Springs AA A 11 P. O. Box 2743 S R U I PAGE SIZE DA MISC LONG I RFD COPY Palm Springs, CA 92263 M A L. 465 426 PCOR NCOR SMF NCHG ExI,M Attn: Office of the City Clerk Filing fee EXEMPT per Government Copp 6103 SUBDIVISION IMPROVEMENT AGREEMENT 191 by and between CITY OF PALM SPRINGS and A5496 FIVE STAR PROPERTY DEVELOPMENT, LLC AN OREGON LIMITED LIABILITY COMPANY Title of Document THIS AREA FOR RECORDER ' S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Apples) TABLE OFCONTENTS Construction Obligations.................^-....................... _........—........� 1] Works of Improvement` ........................... .............. 1 1.2 Other Obligations Referenced iOConditions of Tentative Map Approval ................................ —. ..................... ............. ^ � 1.3 Intent Uf Plans ............. . ...................... ................... .................—....2 1,4 Survey Monuments .............................................................. ------ ..............2 1.5 Performance ¢f Work........... ....................... ............... -. .................._2 1.6 Changes in the WO[k. ................... ...................... . .............................2 1.7 Defective Work-...................~............ - ----. ............. ......... ................3 1.8 No Warranty bv City-----,,',,,,^_—_,,_,,,,,^_,,,',,,,~._.,,,3 1.9 Authority nfthe City Engineer................................ ....................... .. ......3 1.10 Documents Available at the Site .................................___....................._3 1.11 /OspectiOn.. ............................... --- .....................~...............................3 1-12 Compliance with Law............... ........................... .............. ......................3 1.13 Suspension ¢f Work..... — ....................... ....................... ......................_/1 1.14 Final Acceptance Of Works of Improvement......... — .................... .. ......4 2. Time for Performance ........... '—~ ............. ----. ..................... . .......................z1 2.1 Commencement and Completion Dates ................ ..................................4 2.2 Phasing Requirements....................... ..................... .............. ...... .........4 Z3 Force M jeUD3........~.—.~......--,.......^--..........-5 2.4 Continuous Work............. ........................ ..................... .........................5 2.5 Reversion b3 Acreage_................................................................. ............5 2,6 Time of the Essence ............... .... ................... ......................................5 3. Labor .....— ................... ............... '.___........................... ............... ...............6 3] Labor Standards..... --.. ............— ..................... .................................6 3-2 Nondiscrimination..................... ...................... ............... .........................A 3.3 Licensed Contractors ...................................................... ..........................6 3.4 Workers' Compensation.....................................~..... .... ............ .........6 /1. Security....... ............... ...............^ ....... ...........^ ....... .............. ^_....~............6 4] Required Security............................... ....................... ................... ..........5 4[2 Form of Security Instruments ................................................... ................ 7 4,3 SUhdivider'S Liability.......... .......................................................................8 4./1 Letters Of Credit.................. ............ --------. .................... ..........................8 4.5 Release of Security Instruments ... ......................................^— .............9 l 2007~8788551 | |�|U|N|N|H||QN|U|NN|U|N0|NUN||NN| u/e�/zow�ww.000 | �@�����|N|��|U|NN|U|�UU0UN||NN| e »� on NN DN 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 ........ .......... . .................... . ................... ......9 6. Acceptance of Offers of Dedication..................................................................... 10 7. Warranty of Work................................................................................................10 8. Default ......................................................... ............................................ . .....10 8.1 Remedies Not Exclusive ..........................................................................10 8-2 City Right to Perform Work.... ............. ...................................................10 8.3 Attorney's Fees and Costs .................................. • .................. . ............10 9. Indemnity..................... . ............ . ............ .......................................-.........11 10 General Provisions,........................... ..............____.............11 10.1 Successors and Assigns_............ ................. .................... . ..........11 10.2 No Third Party Beneficiaries.....................................................................11 10-3 Entire Agreement; Waivers and Amendments .........................................11 11. Corporate Authority........................ . ..................................................................12 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIII III IIIIII IIIIIIIIIIII�II ssizAA2 of' 37 e0es5eeR SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION JMPROVEMENT AGREEMENT (this "Agreement") is entered into this L-Mday of ki2r i J 2007, by and between the CITY OF PAL PRINGS, a California Icharter city ("CITY"), and FIVE STAR PROPERTY DEVELOPMENT, LLC, an Oregon Limited Liability Company (Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 34933 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. 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. C. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $263.250.00. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the 1 IIIIII IIIIIIIIIIII11111 IN 1111111111111111111111 ix 2A�4 of0 ®ea Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or 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 2 IIII IIIIIII IIII II I I IIIII III IIIIII III IIIII IIII IIII 11 21 s o£1 2 GOA field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or 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 3 IIIIII IIIIII IIII III�II(IIII IIII IIIIII III IIII IIII IIII 11 20©6 of 37 008 Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time- No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement bate. 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 4 III I11 I I I 1111 III II II I� III III 11121�7@£A08500R rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to 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 its obligations under this Agreement, 5 III IIIII III IIIII I I IIII IIIII 111111111 IN 11 2Ae 2 3 of 0f 37 00F 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 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"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $263,250.00 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 $131,625.00 equal to 50% of the estimated construction cost referenced in Section 1.1. 6 111111111 II A2001z0of 3 00R 9 0£ 8 (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of$0.00 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 $39,487.50 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 Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit_ For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (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. 7 III II II IIII IIII IIII I(IIII III IIIIII I IIII II IIII zO0 e@ of q?OOR 11 (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 Subdividers 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 cast of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured 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 8 IIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII IIII x� 20e1 0 of 37 documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 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 9 IIIII IIIIIII IIII IIIIII IIIII IIII IIIIII I IIIII I III 11 2�3A le 01, 37e6R been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both 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 10 I IIII III I I � �III IIIII IIII I III I Al I III IA�I 1 z 2AA i esoe�aieaR incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such 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 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. 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 IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII IIII III ure0014of 37 i3oa 11. Corporate Authori�.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- * W W W P (Signatures on Next Page) 12 1111111111111 HIM 111111111/26E 15 of e0a 15 0£ 37 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 Clerk David H. Read anager STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: t�� APPROVED BY CITY COUNCIL David Barakian, City Engineer SUBDIVIDER: FIVE STAR PROPERTY DEVELOPMENT, LLC, an Oregon 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. A By: By: Signature (not rized) Signature (notarized) Name:—Larry Cornell Name: David Stricker Title: Managing Member Title: Managing Member (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 IIII III II IIII IIIIII III IIII IIII III II III II 11 20 �2 @7MSS5eeR 16 0£ 37 Mailing Address: Attention: Larry Cornell Five Star Property Development, LLC 15555 5E River Forest Drive Portland, OR 97267-3503 (503) 515-1336 14 IIIIIIIIIIIIIIIIIIIIIIIIIIIII II IIIIII IIIIIIIII IIIIIII 11 a112097 8 GOA 127 ALL-PURPOSE ACKNOWLEDGMENT J State of ,�. CAPACITY CLAIMED BY /!Cou y of tw//' F SI R _ On before me, - /J �� I %l r "Mvx/ Date Nam/ itIQ of iced ❑ INDIVIDUAL(S) personally appeare /G" '' / y ❑CORPORATE / NAME(S) OF SIGNER(S) OFFICER(S) ❑ personally known to me - OR— TITLE(S) proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S) erson& whose namRss 1 is/® subscribed he within ©ATTORNEY-IN FACT instrument and ackno dged to me that heMtheyxecuted ❑TRUSTEE(S) the same his/her/ ei authorized capacitIthat by ❑SUBSCRIBING WITNESS his/her/ eir lgnatur s on the instrument the persoor the ❑GUARDIAN/CONSERVATOR entity up n behalf of which the perso s) cted, exed the �bTHER instrument. f Wit Sign✓WhaatuJn�rd�e and ff �s�e[ SIGNER IS REPRESENTING: of otary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized)document. THIS CERTIFICATE Title or Type of Documer�t)X,J1t Vj'16" // / /�/,�//�//� %�ji�_/,/ v �P7 MUST BE ATTACHED 7 TO THE DOCUMENT Number of Pages ! / DATE OF DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above OFFICIAL SEAL 57EPHANIE M MC CALLUM NOTARY PUBLIC•OREGON r COMMISSION NO.395612 MY COMMISSION EXPIRES AUGUST 3,2009 15 �II11111111111fill111IIIIIIIIII111111111111IIII11111111 re0IS Qf©37eeR EXHIBIT "A" TRACT MAP 34933 LEGAL DESCRIPTION Tract Map No. 34933, as recorded in Map Book y2 , Pages through 17 inclusive, records of Riverside County, California. 16 III II II I I I 1111 II 11 II I I I� 1 vz001 o oe 5 7 19 aF EXHIBIT "B" TENTATIVE TRACT MAP 34933 CONDITIONS OF APPROVAL 17 IIIII Allll�l I I IIII I IIIII III IIIII I II IAI 12 062 sodas eeR Resolution No. 21740 Page 5 EXHIBIT A Case No. 3.2934 TTM34933 Ironwood Condominiums 720 and 750 South Calle Palo Fierro City Council Meeting October 18, 2006 CONDITIONS OF APPROVAL. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the 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 r approved by the City Attorney. PROJECT SPECIFIC CONDITIONS 1 Administrative 9. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 3.2934. 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 Cdy's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. II II ' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII iire002e0708 eea Resolution No.21740 Page 6 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 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. 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 rase 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 or industrial projects, 1/4% for new residential subdivisions, or 114% for new 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 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 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 shall be payable prior to the issuance of building permits. CC&R's 6. 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 prior to certificate of occupancy. The CC&R's shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&R's. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall IIIIIIIIIIIIIIIIIIIIIIIIIIIIIAII IIIIIIIIIIIIIIIIIII�I 2AA�eA lie,E)GA Resolu(ion No.21740 Page 7 require maintenance of all property in a good condition and in accordance with all ordinances, 7. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3500, for the review of the CC&R's by the City Attorney. A filing fee of $631.00, 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. 8. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. 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. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased_ A Native American Monitor shall be present during all ground-disturbing activities. 11.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 and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notiry 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. 12.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. 111111111 IN r 2a/2 0 f037OOR 2$ 0£ 37 Resolution No.21740 Page 8 Final Design , 13. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, 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 distracts must be approved by the Public Works Director and the Director of Parks and Recreation. 14. An exterior lighting plan in accordance with Zoning Ordinance Section 9321.00, Outdoor Lighting Standards, shall be submitted For review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturers 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. Public Safety GFD 15. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near rapacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et 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 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. GENERAL CONDITIONS/CODE REQUIREMENTS 16. Architectural 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. 17. The appeal period for a MAJ application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. IIIII II I I I I III IA 1 II II I�I I II i i 200 Zee io oeR 24 of 37 Resolution No. 21740 Page 9 18. 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 Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 19, 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 B-60 of the Municipal Code for specific requirements. 20. 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. 21. All materials on the flat portions of the roof shall be earth tone in color. 22, All awnings shall be maintained and periodically cleaned. 23, 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. 24. 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, 25. Perimeter walls shall be designed, installed and maintained in compliance with the comer cutback requirements as required in Section 9302.00.D. 26, 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. 2T The street address numbering/lettering shall not exceed eight inches in height. 28. 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. ® 29. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit_ IIIIII IIIIIII IIII 111111 IIIII IIII 111111111111111111 IN11 2 A25 f 371OoA Resolution No.21740 Page 10 30. Details of pool fencing (material and color) and equipment area shall be ' submitted with final landscape plan. 31. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 32. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 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 and owners with Conditions of Approval of this project. 35. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide_ Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the ' parking space;two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible" 36, 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. Handicapped spaces shall be appropriately marked per Section 93.06.00.0.10. 38. 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. WASTE DISPOSAL 39. Trash cans shall be screened from view and kept within fifty (50) feet of the ' street. 1111111111111111111111111111II IIIII 111111111111111 II 26 of 97 z002 eoa 51 Resolution No. 21740 Page 11 POLICE DEPARTMENT 40. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 41. Prior to any construction on-site, all appropriate permits must be secured. FIRE Public Safety CFD 42. The Project will bring a significant number of additional residents to the community. The Ctys 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 Code Section 63311 et 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 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. 43. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 44. Plot Plan_ Prior to completion of the project, a 8.6°x11" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page_ 45. Fire Sprinklers Required_ An automatic fire sprinkler system is required by local ordinance_ 46. Fire Hydrant & FDC Location; A commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected II IIIIIII�II IIIIIIIIIII IIIIIIII III1IIIIIIIIIII ivz�02 a f,37 Resolution No.21740 Page 12 from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. ' 47, Residential Smoke Detector Installation With Fire Sprinklers: Provide Residential Smoke Detectors (FIRF._X 4 0498 accessory module connected to multi-station FIRCX smoke detectors or equal per dwelling and fire sprinkler flow switch), Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 48, Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFO) 49. Minimum Access Road Dimensions: 50. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. For two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City engineer, to the minimum of 20 feet required by the Fire Code_ No parking shall be allowed in either side of the roadway. 51. Roads must be 30 feet wide when parking is not allowed on only one side of the roadway. 52. Roads must be 40 feet wide when parking is not restricted. 53. Based on the median requirements fire department will require both left and right turn access to this development. 54. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.22.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. 55. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150' from such roads. CFC 902.2.1 56, Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches, (902.2.2.1 CFC) ' IIIIII IIIIII III IIIIII II II IIII IIIII I IIIII I II IIII 11�2�as of 3 RgR 7 Resolution No_21740 Page 13 57. Building or Complex Gate locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 58. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 59. Water Supply: The water supply and location/s of fire hydrants must be approved prior to any work being performed on the job site. (903.1 CFC) 60. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction_ No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) 61. Fire Flow: Fire flow for this project is estimated to be 1500 GPM. 62. Trash Container Protection: If trash container space is within 5 feet of a building wall provide information on the type and size of trash container to be stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then the container must be protected by an approved automatic fire sprinkler. (1103.2,2 CFC) 63. Fire Extinguisher Requirements: Provide one 2-A:10-6:0 portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is along the path of exit travel or near an exit door. Extinguishers located outdoors must be installed in weather and vandal resistant cabinets approved for this purpose. 64. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) ADA 1 65, The main entrance into each ground floor unit is required to be accessible without any stairs to allow people with mobility impairments easy access. IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII�IIIIIIIIII�IIIIIII rea02 eof 3 u 7 Resolution No_21740 Page 14 66. The access aisles serving both disabled parking spaces are required to have the words "NO PARKING" painted within them to comply with CBC 11296.1&2. ' ENGINEERING STREETS 67.Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 68, Submit street 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. 69. The applicant shall be required to construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete, as may be determined by the City Engineer_ Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer. Completion of asphalt concrete paving for streets prior to completion of on-site construction activities, if authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: ' removal and replacement of damaged asphalt concrete pavement, overlay, slung seal, or other repairs, as required by the City Engineer. CALLE PALO FIERO 70. Dedicate an easement 2 feet wide along the back of the driveway approaches for sidewalk purposes. 71. Construct a 6 inch curb and gutter, 18 feet east of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. 72. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 with a centerline located 18 feet north of the south property line. 73. Construct a 20 feet wide driveway approach at the intersection of Calle Palo Fierro and the public alley in accordance with City of Palm Springs Standard Drawing No. 201. 74. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210, 1 IIIIII IIIIII IIII IIIIII IIIII IIII II III 0 IIII I II IIII 11 21A 3 0 f 3 GOA 7 Resolution No.21740 Page 15 75. Construct pavement with a minimum pavement section of 2/z inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. 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. PUBLIC ALLEY 76. Construct a Type 82 gutter, modified to 3 feet wide, along the centerline of the public alley from Calle Palo Fierro along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. 77. Construct a minimum pavement section of 2'% inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 950A relative compaction, or equal, through the full width of the public alley (20 feet wide excluding the gutter at centerline) along the entire frontage. 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. ON-SITE 78. The minimum pavement section for all on-site pavement shall be 21/z 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 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. 79. Parking shall be restricted along the drive aisle as necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking° signs or red curb shall be installed along the south side of the drive aisle as necessary to enforce parking restrictions. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. 80. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. IIIIII�1IIIII IIII IIIIII IIIII IIII IIIIII III Alll IIIII IIII i i zge?a of 37 Resolution No. 21740 Page 16 SANITARY SEWER 81, All sanitary facilities shall be connected to the public sewer system. New ' laterals shall not be connected at manholes. 82. 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. GRADING 83. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District ' (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificates) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3762, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The Precise Grading and paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. The first submittal of the Precise Grading and Paving Plan shall include the -following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map or site plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology StudylReport. 84. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 85. 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 IIII IIIIIIIIAhl�lllllllllllllll I�IIIIIIIIIIIN ufz0032 a7aea Resolution No.21740 Page 17 proposed development. A copy of the soils report shall be submitted to the Engineering Division with the first submittal of a grading plan. 86_ In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties' (FIFA Form CA-1) prior to approval of the Rough Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 87. 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 system 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. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. 88. The applicant is advised that an underground retention system may preclude the ability to install appropriate landscaping as may be required by the Department of Planning Services. An underground retention system shall be designed at a sufficient depth to allow typical landscape planting, including trees, and in a manner that does not interfere with the ability of the system to receive runoff in the future. 89. An underground retention system shall be installed on-site and not within the public right-of-way. An underground stormwater retention system shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Provisions for maintenance of an underground stormwater retention system, if installed, shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the Home Owners IIIIIIIIIIIIIIIII�IAllllllll 111111111111 IN ttreA033eof 37eeR Resolution No.21740 Page 18 Association (HOA), including reference to the fact that maintenance and/or replacement of the system may require removal of existing improvements at ' the sole expense of the HOA. The CC&R's shall reserve the right of the City to inspect and ensure that the underground retention system is operable, and in the event of its failure, shall provide the City the right to advise the HOA and require its repair or replacement to the satisfaction of the City Engineer. 90. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's., including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. 91. The project is subject to flood control and drainage implementation fees. The ' acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL_ 92. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e_ Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts Within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing of-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. , IlAlllll I I III I I IIIIIIIIIIIIIIIIIII I I III iirz0e3 eof 37eaR Resolution No. 21740 Page 19 93. All proposed utility lines shall be installed underground. 94. The record property owner shall enter into a covenant agreeing to underground all or 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" A covenant preparation fee of $140 shall be paid by the applicant prior to issuance of any grading or building permits- 95. rd.a.^.^.e %% tl; Ghapt.r less-a,,d-^eveF-he d sewiee- -e^P ura-and ''� gam-�eleplao �.�iaa C-alal m ate, abWW4^j Ond/aF tra, 1 he a^vmr-�rcmS2StIRg�-r�lla•1,-o.. areii�l • GORIf$SF6R-aAd�seWia;e-FBf(y1reR7eRt•5-�Ht31�. .'�-�j` eri;til+t;='c �-IStFR� 9 -axil4ti�-5--c'ti''-Fv''-.r".r-rrn:-1^tvr.n�2'"a•; .c A I # i +h F #h.. 'rF�*rcrrtv ors v�r*� -tcs�+—rvvnt�oi°m.^"-.=a-i�--mc • a#f26tet�-..+;Iftio� Shall 4 e-_s..4mj to the Enginee .. tlWei m-prer- ef-a-g�.a�;�-p;aR �9•#aar rtcri-ch-,�j=r a:r veEfl_��It�S � L�il�ry=-a�rtacrgfdFfn�•IFlyT^cy�;"�m""crt+rctn"I +ham" '�+c�rtax•-+i�--6Q�'1't�'RC$�LSl�la-Of �ct*lit�cr�F�}d•FRC�-�lv iilhon-V.:�;I�hlr. +h ram- i_,f,141.. .{r.�...,sr�� shall be a il..� C...-d , a-rcm-vc-��-�ny,�jOF1-�ir.y�'. +h r + e be ttr�d^ ^,t .t I nd di f ea-ins,-�.:�;,•..n--�z��e--pr�� z;y.-op„�---�.Re�;ee,,�;iq� exams+I o e 'n��IR@Y=hall b GGMP'Ot t r in of 'rmicncc.,.,aparrey; 96. TPa-appWant-4�dvi Feq _ agiG awq:zr rrre r�rnx+.+-.g--�,Tm•rn.�.�ivn--and �a f--vvcmcrr.--r un eFgreundft isby fide 4alararling �erR ml,a e a the shall shall .. .r..--av-rr-.a.-.c-•vg ,.-=o.--mc�n i�3--^�.�'+ea,,as�+11'M...+ �.-.,J F...+la�rA. i ('•.��1•7L�t•L•Ir�"n.... .n-.^f '7-a* The S FIBN G�CLG�•va••••-I a••vr-�r��- t by�4�^ ,..c 4.h. a Rrl ,.,.F.n4fted ta_thej peF,,..it, n ,I J: ergo u'-eop" ed-t9 yerli-eU4:r�eaty Ow ae+ ip eeva=a,t-preparatiefl-fee-of-$440-sl-ialI be puiv�-�-g�T 97, All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. IIIIII IIIIIII IIII IIIIII IIIII IIII IIIIII III IIIII IIII IIII 1112120 0af0350OR Resolution No_ 21740 Page 20 98. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 99. 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 final certificate of occupancy. Any modifications or Changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 100. Nothing shall be constructed or planted in the comer cut-aft area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D_ 101. 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 102. A Final Map shall be prepared by a California registered Land 5urveyor 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 parcels 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. 103. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attomey for review and approval for any restrictions related to the Engineering Division's recommendations. The CO&R's shall be approved by the City Attomey prior to approval of the Final Map. 104. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I_S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous ' lines; full map annotation consistent with annotation shown on the map; map IIIII III II IIII IIIIII II III II III I I 111 III 11 20a 3607 37 Resolution No. 21740 Page 21 number, and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), ❑GN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 105. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development_ Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Celle Palo Fierro frontage of the subject property. 106. 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. 10T This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit_ II I II 1 IIII I I (IIII III III II III III IIII i i 2eA 3 eof 37 ee