HomeMy WebLinkAbout05429 - 803 N PALM CANYON LLC SUBDIVISION IMPROVEMENT AGR FVPAMSa
° "-'ti City of Palm Springs
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• Department of public Works and Engineering
3200 E.Tahquia Canyon Way • Palm Springs, California 92262
C F•OR°T ` �p Tcl: (760) 323-S253 ' Pax-(760) 322-5360 Web: www.ci.palm-spnn,,s.ca.us
4�IFOR�
July 16, 2009
Pacific Western Bank �^ r -•
74-750 Highway 111
Indian Wells, CA 92210
Attn: Teri Ortiz
Re:Tract Map 34214 (803 N. Palm Canyon, LLC) a
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 803 N. Palm
Canyon, LLC, related to Tract Map 34214, have been fully satisfied.
The one-year maintenance/warranty period for Tract No. 34214 expired on July 16, 2009. So
the $33,165 being held in the Faithful Performance Letter of Credit, to provide the
Maintenance/Warranty security required by the Subdivision Improvement Agreement, can now
be released. The remaining Labor/Materials Letter of Credit amount of $54,594.25 can also be
released due to the release of the Mechanic's Lien for Robertson's, as well as the clarification of
what materials and services were provided by Williams Mechanical, Inc- relative to their
Mechanic's Lien against the project. The following subdivision securities required by the
Subdivision Improvement agreement may be released at this time.-
Faithful Performance Security; Letter of Credit No. 126049; $0.00
• Labor& Materials Security; Letter of Credit No. 126049, $0.00
If you have any questions, I can be reached at(760) 323-8253, extension 8741.
Sincerely,
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Carol Templeton
Engineering Associate
Cc: Teri Ortiz of Pacific Western Bank via email,Wally Hrolicka via email,James Thompson,city Clerk,7M34214 file
Posy: Office Box 2743 • Palm Springs, California 92263-2743
Page 1 of 2
Kathie Hart
From: Carol Templeton
Sent: August 10, 2009 9:01 AM
To: Kathie Hart
Subject: RE: A5429 -TM 34214 (803 N Palm Canyon LLC)
Kathie,
Yes, it is
Have a good day.
Thanks,
Carol Templeton, Engineering Associate
City of Palm Springs Engineering Division
Direct(760) 323-8253 Ext. 8741
Fax (760) 322-8360 or 322-8325
Carol.Templetori@palmsprings-ca.gov
http://www gcode.us/codes/palmsprings/view.php
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NOTE THAT THE NEW OFFICE HOURS ARE MONDAY THROUGH THURSDAY 8 A.M.
TO 6 P.M.
From: Kathie Hart
Sent: Monday, August 03, 2009 6:15 PM
To: Carol Templeton
Subject: A5429 -TM 34214 (803 N Palm Canyon LLC)
Carol: ok to close this SIA? Thx!
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 E.Tahqurtz Canyon Way
Palm Springs, CA 92262
`2' (760) 323-8206 1 45 (760) 322-8332
2 Kathie.Hart@Palm5pringsCA.gov
08/10/09
O�?ALMSa -
��'�'2 City of Palm Springs
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Department of Public Works and Enbineerin.,
mo r 3200 L.Tnhyurtz Canyon Wuy • PUIrn Springy,CRHFornia 92262
Tel: 760) 3. 3-82s3 • r,r: 760 22
( ( )3__-836U Web: www.cr.paLn-sprm�s.cd.ns
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February 23, 2009 , \�
Attention: Teri Ortiz
Pacific Western Bank
74-750 Highway 111
Indian Wells, CA 92210
Re:Tract Map 34214 (803 N. Palm Canyon, LLC): Time Extension for Subdivision
Improvement Agreement
Dear Ms. Ortiz,
On February 18, 2009, the City Council approved a one-year time extension for the
completion of improvements associated with Subdivision Improvement Agreement No. 5429
for Tract Map No. 34214 (803 N. Palm Canyon), with 803 N- Palm Canyon, LLC. The new
expiration date for the Tract Map No. 34214 Subdivision Improvement Agreement is January
18, 2010.
If you have any questions, I can be reached at (760) 323-8253, extension 8741.
Sincerely,
Cwt
Carol Templeton
Engineering Associate
Oa: Tart Ortiz ofPaciac Westom Bank via email,Wally firdlicka via email;James Thompson,City Clerk,TM34214 file
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Posr Office Sox 27d13 • Palm Springs, California 92263-2743
DOC # 2007-0682567
11/08/2007 1218:00R Fee:NC
Page 1 of 32
Recardcd in Official Records
` County of Riverside
RECORDING REQUESTED BY: Larry W. Ward
CRY OF PALM SPRINGS Hssessor, (County Clerk F, Recorder
AND WHEN RECORDED MAIL T0: I IIIIII IIIIIII IIII III IIIIIIII III IIIIII III(IIII IIII IIII
City of Palm Springs s 1 R I U I PAGE SIZE I CIA I MISC I LONG I RFD I COPY
P. O. Box 2743
Palm Springs, CA 92263 M A L 466 426 PCOR NCgR SMF CH FM
Attn: Office of the City Clerk I
Filing fee EXEMPT per Government Code 610E ( 1
SUBDIVISION IMPROVEMENT AGREEMENT A5429 C
by and between 813
CITY OF PAR M PRINKS
and
803 N. PALM CANYON, LLG
A CALIFORNIA LIMITED LIABILITY COMPANY
THIS AREA FOR
RECORDER' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additlonal Recording Fee Applies)
TABLE OF CONTENTS
1. Construction Obligations.......... .......... ........................ ....................I
11 Works of Improvement........ ....__..................................... ............1
1,2 Other Obligations Referenced in Conditions of
Tentative Map Approval ..............._............................................................1
1.3 Intent ofPlans............................................................................................2
1.4 Survey Monuments.................................. .................................................2
1.5 Performance of Work.-.-.-...................................____... ............................2
1.6 Changes in the Work..... ....................................... ...... ..................2
1.7 Defective Work.............- ----__..........................._...............................3
1.8 No Warranty by City................ .................................... ........ .........3
1.9 Authority of the City Engineer...............•------------_............................. ..._3
1.10 Documents Available at the Site ................... ............ ...........................3
1.11 Inspection......... .......... ...... ..............................__------ .....................3
1.12 Compliance with Law... ............................... ............3
1-.�uspeasian-ofWerk....................... ...................
1.14 Final Acceptance of Works of Improvement...............................................4
2. Time for Performance............___....__................................... ...........................4
2.1 Commencement and Completion Date$ ....................................................4
2,2 Phasing Requirements..................... .........................._..4
2.3 Force Majeure---- ..................................__......... ...............................5
2.4 Continuous Work....__---------_.............................. ......-... ....._................5
2.5 Reversion to Acreage................... ....____...............................................5
2.6 Time of the Essence .............................................. ......___------------.5
3. Labor.......................................------------................................. ................6
3.1 Labor Standards......................____....._------ ............................................6
3.2 Nondiscrimination................................-......._...... ...............................6
3.3 Licensed Contractors..................................................... ...........................6
3.4 Workers' Compensation................................................. . ..........._............6
4. Security...........___........................................................ ...................... 6
4.1 Required Security........ ............................................................6
4.2 Form of Security Instruments--- .......................................__...................7
4.3 Subdividers Liability................. ........__....... ............................... ......._8
4.4 Letters of Credit........ ............... .............. ....................... ......8
4.5 Release of Security Instruments ....................... ......_....... .................9
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
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this d I day of , 2007, by and between the
CITY OF PALM SPRINGS, a California charter ci ("CITY"), and 803 N- PALM
CANYON, LLC, a California Limited Liability Company subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 34214 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
wafter, 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 $221.100,00.
1.2 Other Obliclations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
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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 Art 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
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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
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s
•
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i).commence with construction and installation of the Works of
Improvement thirty 30 days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon approval by the City Engineer or his
designee. Extension of time may be granted upon mutual agreement of the City
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
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2 or
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 Subdividers failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
66499.11-66499.20-314. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdividers performance
of all of its obligations under this Agreement,
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3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Woks of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status,
3.3 Licensed Contractors, Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors'licenses for the type of work being performed.
3.4 Workers Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. 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
$221,100.00 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 $1100 5.6000 equal to 60% of the estimated construction cost
referenced in Section 1.1.
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(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of$2.0 00.00 equal to 100% of the
cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and-Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year fallowing said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $33, 665-00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of 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.
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(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate Ci y's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument_
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
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
IIIIII II IIIIIII IIII III I �IIII I IIIIII III IIII 11 B8 i 0of 32
I
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 Casts 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
I IIII I II I II I I �I�I�II II III ����I II III 11 BB0 20B�77e8'00R
•
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 Aftomey'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
IIIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIIII III IIIIII III IN1I268 288�708200R
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 Subdividers
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorneys fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to 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 parry to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11
2007-6662557
IIII IIIIIlIIIIIIIIIIIIIIIIII III1108f14a f SOR
11. Corporate Authority-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 w w
(Signatures on Next Page)
12
IIIII��IIIIIIIIIIIIIIIIIIII�IIillll IIIIIIIIIIIIII 11 8901 of 32
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 Jerk David H. Ready, onager
ANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BBj
Y:
APPROVED BY CITY COUNCIL
David Barakian, City Engineer
SUBDIVIDER:
803 N. PALM CANYON, LLC, a California Limited Liability Company
Check one: _individual Partnership_Corporation" r Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
0 By: By:
Signature (n adzed) Signature (notarized)
Name: Wallace Hrdlicka Name:
Title: Sole Manager and Member Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
20-0682567
will 111111111111111111111111111111111 IN 1,59,26080,
eR
Mailing Address:
803 N. Palm Canyon, LLC
C/o Desert Design Builders .
P.O. Box 4794
Palm Desert, CA 92261
(760) 341-7303
14
! II II II III III I II I I II IIIIII I I IIIIiI III IIII 11 OABl;80 0 OR
i
ALL-PURPOSE ACKNOWLEDGMENT
State of L' 44 CAPACITY CLAIMED BY
County of er �] �P4b�lC SIGNER
On �¢it] 23. �01 before me,
Date' � II Name, Title of Officer ❑INDIVIDUAL(S)
personally appearedh��L�Aee Qc-L C� ❑CORPORATE
NAME(S) OF SIGNER(S) OFFICER(S)
OR- TITLE(S)
'Df% proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S)
persons( whose name(s) is/ate subscribed to the within oATTORNEY-IN-PACT
instrument and acknowledged to me that heAskaAhey executed oTRUSTEE(S)
the same in his/her/tN®& authorized capacity(+)s}, and that by ❑SUBSCRIBING WITNESS
hisAker#Akz signature(s) on the instrument the persons) or the ❑GUARDIAN/CONSERVATOR
entity upon behalf of which the persons(o acted, executed the ❑OTHER
instrument.
tness my hand and official seal.
SIGNER IS REPRESENTING.
SignatAi of Notary PAMEIA r �'�MER
Com "On.11447214
9 Natory Pubmc-Cairarrk
RNerwe County
MyComm.E>�pct3o,2007
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
-LLI THIS CERTIFICATE Title or Type of Document: )151o1 JxrJr WeW-"Pj*
MUSTBEATTACHED OZSeeVl if*
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Signers Other Than Named Above
15
2007-0682587
j IIII II IIIIIII III II IIII II I �� � III II 31/96/200708.00R
EXHIBIT "A"
TRACT MAP 34214 LEGAL DESCRIPTION
Tract Map No. 34214, as recorded in Map Book ,��, Pages ; I through -2 inclusive, records
of Riverside County, California.
16
IIIIII 1111111 IN 111111111111111111111111111111111111111 a es0I Doe3esea
EXHIBIT"B"
TENTATIVE TRACT MAP 34214 CONDITIONS OF APPROVAL
17
1 I II� IlI II II�I III III I �I I II II III iire0a�z o6fissfisea
02 - "
Resolulion No.21534
Page 10
Case No. 5.1068
803 North Palm Canyon, LLC.
803 North Palm Canyon Drive
March 15, 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 ortheir designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
Administrative
t. The proposed development of the premises shall conform to all applicable regulations of
the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances
and resolutions which supplement the zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding 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 5.1068. The City of Palm Springs will promptly
notify the applicant of any such claim, action, or proceeding against the City of Palm
Springs and the applicant will either undertake defense of the matter and pay the City's
associated legal costs or will advance funds to pay for defense of the matter by the City
Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such
claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall
not thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm
Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the
matter without the applicant's consent but should it do so, the City shall waive the
indemnification herein, except, the City's decision to settle or abandon a matter following
an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification
rights herein.
3. That the property owners) 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 fenoes 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
III III IIIIII II IIII IIIII IIII I I III ii e041 o 32
21 or as
Resolution No.21534
Page 11
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. Pursuant to Fish and Game Code Section 711-4 a tiling fee of $64-00 is required. This
project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption
shall be completed by the City and two copies filed with the County Clerk. This application
shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee
shall in the form of a money order or cashier's check payable to Riverside County.
5. This project shall be subject to Chapters 2-24 and 3.37 of the Municipal Code regarding
public art. The project shall either provide public art or payment of an in lieu fee. In the
case of the in-lieu fee, the fee shall be based upon the total building permit valuation as
calculated pursuant to the. valuation table in the Uniform Building Code, the fee being
1/2% for commercial or industrial projects, 114% for new residential subdivisions, or 1/4%
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.
6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code
Section 66477 (Quimby Act), all residential development shall be required to contribute to
mitigate park and recreation impacts such that, prior to issuance of residential building
permits, a parkland fee or dedication shall be made. Accordingly, all residential
development shall be subject to parkland dedication requirements and/or park
improvement fees. The parkland mitigation amount shall be based upon the cast to
acquire and fully improve parkland. The 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.
6.5 The property owner shall not contest or protest the formation of a BID or similar public
improvement or maintenance financing mechanism and such requirements shall be
included in the CCR's.
CC&R's
7. 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&Rs shall be submitted with a list of
the adopted conditions of approval and an indication of where applicable conditions are
addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be
amended without City approval, shall require maintenance of all property in a good
condition and in accordance with all ordinances.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III xx;oa22osaas�
Resolution No.21534
Page 12
8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2000, for the review of the CC&R's by the City Attorney. A filing fee, in accordance with
the fee schedule adapted by the City Council, shall also be paid to the City Planning
Services Department for administrative review purposes.
9. 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-
10. The CC&R's shall state that storage and signage on the second floor balconies is
prohibited,
Cultural Resources
11. 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.
12. 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.
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 districts must be approved by the Public Works Director and the
Director of Parks and Recreation.
14. The final development plans shall be submitted in accordance with Section 94-03.00 of
fhe Zoning .Ordinance. Final development plans shall include site plans, building
elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans,
exterior lighting plans, sign program, mitigation monitoring program, site cross sections,
property development standards and other such documents as required by the Planning
Commission. Final development plans shall be submitted within two (2) years of the City
Council approval of the preliminary planned development district.
15. An exterior lighting- plan in accordance with Zoning Ordinance Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the Director
of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets
of all exterior lighting on the building and in the landscaping shall be submitted for
IIhII IIIIIiI��II III IIIIIIII III IIIIII III IIIIII IIII 11 208 2 93 BSA
3 of 2
i
I
Resolution No.21534
Page 13
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.
16. Lighting design and manufacturer's specification sheets must be approved by the
Planning Department prior to the issuance of building permits-
Public Safety CFD
17. The Project will bring a significant number of additional residents to the community. The
Citys 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 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
18. 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.
19. The Conditional Use Permit approval shall be valid for a period of two (2) years. Once
constructed, the conditional use permit, provide all conditions of approval have been
complied with, does not have a time limit, Extensions of time may be granted by the
Planning Commission upon demonstration of good cause.
20. The appeal period for a Planned Development District application is 15 calendar days
from the date of project approval. Permits will not be issued until the appeal period has
concluded.
21. 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.
22. prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be
submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal
Code for specific requirements.
23. 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.
IIIiIIII IIIII II IIIIIIIIII I IIIII I III ll e0g 2.1p
Resolution No.21534
Page 14
24. Separate architectural approval and permits shall be required for all signs- A detailed
sign program shall be submitted for review and approval by the Planning Commission
Prior to issuance of building permits,
25. All materials on the flat portions of the roof shall be earth tone in color-
26. All awnings shall be maintained and periodically cleaned.
27. 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. ,
.28. 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.
29. Perimeter walls shall be designed, installed and maintained in compliance with the
comer cutback requirements as required in Se4on 9302.00.D.
30, 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.
31. The street address numbering/lettering shall not exceed eight inches in height.
32. 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.
33. Submit plans meeting City standard for approval on the proposed trash and recyclable
materials enclosure prior to issuance of a building permit.
34. Details of pool fencing (material and color) and equipment area shall be submitted with
final landscape plan-
35. No sirens, outside paging or any type of signalization will be pennitted, except approved
alarm systems.
36. No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan.
37. Vehicles associated with the operation of the proposed development including company
vehicles or employees vehicles shall not be permitted to park off the proposed building
site unless a parking management plan has been approved.
111111111 IN 11 z of 32
Resolution No,21534
Page 15
38. 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.
39. The applicant shall provide all tenants with Conditions of Approval of this project.
40. Loading space facilities shall be provided in accordance with Section 9307.00 of the
Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior
to issuance of building permits.
41. 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".
42. 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.
43. Compact and handicapped spaces shall be appropriately marked per Section
93.06M.C.10,
44. 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.
45. Parking lot light fixtures shall align with stall striping and shall be located two to three
feet from curb face.
46. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be
provided every 10 parking spaces. Additional islands may be necessary to comply with
shading requirements.
47. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning
Ordinance shall be met_ Details to be provided with final landscape plan.
48. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated
"U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall
provide wheel stops.
W1111111
2667-6682 5
III II 111_111l II II1111 2a
11l08l 86200 of 7 OB 3 2�egP
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Resolution No.21634
Page 16
49. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end
parking spaces or end spaces shall be increased to eleven (11)feet wide.
50. Tree wells shall be provided within the parking lot and shall have a planting area of six
feet in diameter/width.
POLICE DEPARTMENT
51. Developer shall comply with Article Il of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT
52. Prior to any construction on-site, all appropriate permits must be secured.
FIRE
53. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required.
54. Fire Extinguisher Requirements: Provide one 2-A:10-B:C 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 in the path
of exit travel near an exit door.
55- Residential Smoke Defector Installation: Provide Residential Smoke Detectors.
Detectors shall receive their primary power from the building wiring, and shall be
equipped with a battery backup.
56, 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.
67. Fire Alarm System: Fire Alarm System required. Installation shall comply with the
requirements of NFPA 72.
ENGINEERING
STREETS
58. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
�IIIIII IIIIIII IIII IIIIIIIIIII III IIIIIiI IIIIIIIIII II IIII 11?69 2e of 328eR ,
Resolution No.21534
Page 17
NORTH PALM CANYON DRIVE
59. All broken or off grade street improvements shall be repaired or replaced-
SANITARY SEWER
60. All sanitary facilities shall be connected to the public sewer system. New laterals shall
not be connected at manholes.
61. 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
62. Submit a Precise Grading and Paving Plan prepared by a California registered civil
-engineer to the Engineering Division for review and approval. The Precise Grading and
Paving Plan shall be approved by the City Engineer prior to issuance of grading permit.
63. 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 Controf Handbook for each fugitive dust source such that the applicable
performance standards are met. The applicant's or its contractor's Fugitive Dust Control
Plan shall be prepared by staff that has completed the South Coast Air Quality
Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The
applicant and/or its grading contractor shall provide the Engineering Division with current
and valid Certificate(s) of Completion from AQMD for staff that have completed the
required training_ For information on attending a Fugitive Dust Control Class and
information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10"
Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A
Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust
Control Handbook, shall be submitted to and approved by the Engineering Division prior
to approval of the Precise Grading and Paving Plan.
64, The first submittal of the Precise Grading and Paving Plan shall include the following
information: a copy of final approved conformed copy of Conditions of Approval; a copy
of a final approved conformed copy of the Tentative Tract Map; a copy of current Title
Report; and a copy of Soils Report.
65- Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance
water from entering the public streets, roadways, or gutters.
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Resolution No,21534
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66_ A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the proposed
development. A copy of the soils report shall be submitted to the.Building Department
and to the Engineering Division prior to approval of the Grading.Plan.
67. In cooperation with the Riverside County Agricultural Commissioner and the California
Department of Food and Agriculture Red Imported Fire Ant Project, applicants for
grading permits involving a grading plan and involving the export of soil will be required
to present a clearance document from a Department of Food and Agriculture
representative in the form of an approved "Notification of Intent To Move Soil From or
Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form
CA-1) prior to approval of the Grading Plan (if required)_ The California Department of
Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone:
760-776-8208).
DRAINAGE
68. 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(if any).
09, Provisions for the interception of nuisance water from entering adjacent public streets
from the project site shall be provided through the use of a minor storm drain system that
collects and conveys nuisance water to landscape or parkway areas, and in only a
stormwater runoff condition, pass runoff directly to the streets through parkway or under
sidewalk drains.
70. 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.
ON-SITE
71. The minimum pavement section for all on-site pavement shall be 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. If an alternative pavement section is
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Resolution No.21534
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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.
72. A reciprocal access easement shall be prepared in a form acceptable to the City
Engineer providing unlimited and unrestricted access to the proposed rear parking lot
from North Palm Canyon Drive across Lot 117 of Merito Vista in Map Book 12, Page 94.
The reciprocal access easement shall be executed by the appropriate parties prior to
issuance of a building permit, and shall be recorded, with a copy provided to the City
Engineer, prior to issuance of a certificate of occupancy.
GENERAL
73. 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 off-site streets
shall be returned to a condition equal to or better than existed prior to construction of the
proposed development.
74, All proposed utility lines shall be installed underground.
75. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all
existing and proposed electrical lines of thirty-five thousand volts or less and overhead
service drop conductors, and all gas, telephone, television cable service, and similar
service wires or lines, which are on-site, abutting, and/or transecting, shall be installed
underground unless specific restrictions are shown in General Orders 95 and 128 of the
California Public Utilities Commission, and service requirements published by -the
utilities. A detailed plan approved by the owner(s) of the affected utilities depicting all
above ground facilities in the area of the project to be under-grounded, shall be
submitted to the Engineering Division prior to approval of any grading plan.
a. The existing overhead utilities across the west property line meet the
requirement to be installed underground. The applicant is advised to investigate
the nature of these utilities, the availability of undergrounding these utilities with
respect to adjacent and off-site properties, and to present its case for a waiver
of the Municipal Code requirement, if appropriate, to the Planning Commission
and/or City Council as part of its review and approval of this project.
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Resolution No.21534
Page 20
76. All existing utilities shall be shown on the Precise Grading and Paving Plan required far
the project. The existing and proposed service laterals shall be shown from the main line
to the property line_
77. 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 drawing
file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format
of the digital data to be submitted to the City may be authorized, upon prior approval of
the City Engineer.
78. The original Precise Grading and Paving Plan prepared for the proposed development
and approved by the City Engineer shall be documented with record drawing "as-built"
information and returned to the Engineering Division prior to issuance of a certificate of
occupancy. Any modifications or changes to approved improvement plans shall be
submitted to the City Engineer for approval prior to construction.
79. Contact Whitewater Mutual Water Company to determine impacts to any existing water
lines and other facilities that may be located within the property. Make appropriate
arrangements to protect in place or relocate any existing Whitewater Mutual Water
Company facilities that are impacted by the development. A letter of approval for
relocated or adjusted facilities from Whitewater Mutual Water Company shall be
submitted to the Engineering Division prior to issuance of a-grading permit.
80. Nothing shall be constructed or planted in the comer cut-off area of any driveway which
does or will exceed the height required to maintain an appropriate sight distance per City
of Palm Springs Zoning Code Section 93.02,00, D.
81. 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
82. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil
Engineer and submitted to the Engineering Division for review and approval. A Title
Report prepared for subdivision guarantee for the subject property, the traverse closures
for the existing parcel and all lots created therefrom, and copies of record documents
shall be submitted with the Final Map to the Engineering Division as part of the review of
the Map. The Final Map shall be approved by the City Council prior to issuance of
building permits_
83. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to
the City Engineer for review and approval for any restrictions related-to the Engineering
Division's recommendations. The CC&R's shall be provided with the first submittal of
the final map, and shall be approved by the City Engineer prior to approval of the Final
Map.
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Resolution No.21534
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84. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital
format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside
County Transportation and Land Management Agency" G.I.S. digital information shall
consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet),
monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines
shown as continuous lines; full map annotation consistent with annotation shown on the
map; map number, and map file name. G.I.S. data format shall be provided on a
CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo
Coverage or Exchange file (eOft DWG (AutoCAD drawing file), DGN (Microstation
drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type
and format of G.I_S. digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer,
TRAFFIC
85. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap
accessibility_ Minimum clearance on public sidewalks shall be provided by either an
additional dedication of a sidewalk easement (if necessary) and widening of the
sidewalk; or by the relocation of any obstructions within the public sidewalk along the
Farrell Drive, Tahquitz Canyon Way, Baristo Road, and Civic Drive frontages of the
subject property.
86. All damaged, destroyed, or modified pavement legends, traffic control devices, signing,
and striping associated with the proposed development shall be replaced as required by
the City Engineer prior to issuance of a Certificate of Occupancy.
87. 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.
88. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid
prior to issuance of building permit.
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