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HomeMy WebLinkAboutA5131 - CRV MONTE SERENO LP SUBDIVISION IMP AGR TM 30046 ?ALAI 0 "ate Vgff­ lop City of Palm. Springs Department of Public Works and Engineering J' yc v O°FoaATEQ " �1 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 Tel:(760) 323-8253 • Fax (760)322-8360 • Web: www.palmspr.ingsca.gov fFO�� r CT VU -�_:. N February 23, 2011 co Marcus Buerosse, Chief Operations Officer Ridgeback Monte Sereno, LLC 97 Roundhill --• Teburon, CA 94920 .�. Mr. Buerosse: Re:Tract Map 30046 (CRV Monte Sereno, LP): Subdivision Improvement Agreement Time Extension On February 2, 2011, the City Council approved a one-year time extension for the completion of improvements associated with Subdivision Improvement Agreement No. 5131 for Tract Map No. 30046 (Monte Sereno), with CRV Monte Sereno, LP, adding a requirement that the vacant portions of the site be stabilized or hydra-seeded and maintained as such at all times, and to require ongoing maintenance of the on-site sewer system (which has not yet been accepted for maintenance by the City) and of the base- paved streets adjacent to completed homes, that affect currently occupied residences. The new expiration date for the Tract Map No. 30046 Subdivision Improvement Agreement(CRV Monte Serena, LP) is March 18, 2012. If you have any questions, I can be reached at(760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate Cc: Marcus Buerosse of Ridgeback Monte Sereno,LLC,via email;Jeff Barcy of Ridgeback Monte Sereno,LLC,via email;James Thompson, City Clerk;TM30046 file Post Office Box 2743 0 Palm Springs, California 92263-2743 i 0 F QALM S City of Palm Springs * Department of Public Works and Engineering 3200 E. Taliquirz Canyon Way • Palm Springs, California 92262 0 1�RFORN�Q Tel: (760)323-8253 • Fax: (760)322-8360 • Web: www.d.palm-springs.ca.us q April 28, 2009 a Western Insurance Company - c% Sheer's West < ^;, 3283 E. Warm Springs Road, Suite#200 Las Vegas, NV 89120 mac: ., co Attn: Caroline L. Brown w cn Re:Tract Map 30046 (CRV Monte Sereno, LP) Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement (No. A5131) between the City of Palm Springs and CRV Monte Sereno, LLC related to Tract Map 30046, have been partially satisfied. DWA has authorized release of 60% of the $1,032,853.20 Faithful Performance bond. The remaining Faithful Performance Bond needed has been calculated using 2008 prices for all remaining items other than DWA waterline work. The following subdivision securities required by the agreement may now be reduced to the following amounts: • Faithful Performance Bond #2; Bond No. CDS60850; $ 417,650.00 The Labor/Materials Bond can not be released until the City is in 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 City acceptance of the work if no Notice(s) of Completion are recorded, to verify existence of any recorded Mechanic's Liens. Please provide an updated Title Report (dated today or later) so that 60% of the DWA portion of the Labor/Materials bond can be released, as well as additional amounts of the Labor/Materials Bond for other completed non-DWA work items. The Monumentation Bond can not be released until the City is in receipt of a letter from the surveyor-of-record (on his letterhead) saying that the monumentation described on the recorded Final Map has been completed and that they have been compensated for the work. The Maintenance/Warranty Bond can not be released until one year after City acceptance of the project in its entirety (which has not occurred yet). The following bonds required by the Subdivision Improvement agreement shall remain in full force and effect until further notice: • Faithful Performance Bond #1; Bond No. CDS60849; $ 0.00 • Faithful Performance Bond #3; Bond No. CDS60851; $ 680,000.00 • Labor/Materials Bond #1; Bond No. CDS60849; $1,000,000.00 • Labor/Materials Bond #2; Bond No. CDS60850; $1,000,000.00 • Labor/Materials Bond #3; Bond No. CDS60851; $ 340,000.00 • Monumentation Bond; Bond No. CDS60852; $ 13,350.00 • Maintenance/Warranty Bond; Bond No. CDS60853; $ 702,000.00 Post Office Box 2743 • Palm Springs, California 92263-2743 TM30046 Bond Decrease Letterl April 28, 2009 If you have any questions, I can be reached at(760)323-8253, extension 8741. Sincerely, jaO Carol Templeton Engineering Associate CO.' Carol Brown of Scheers West via email;Leske Schulenberg of Western Insurance Company via emall Dave Twedt We emak James Thompson, City Clerk,TM30046 file City of Palm Springs DCpartrnenr of Public Works and Eagineerin- n kcoProvn a"1 1 3200 E. Ta1.1yurtz Canyon Way • Pahn Springs, Caldorrna 92262 4 �P Tel! (760) 373-8253 - Pax! (760) i22-5;60 • Web wwwci.palm•springs ca as lFOR� February 27, 2009 Kim Berry, REO Asset Manager Bank Midwest N.A. 7 Upper Newport Plaza Newport Beach, CA 92660 Ms. Berry: Re:Tract Map 30046 (CRV Monte Sereno, LP): Subdivision Improvement Agreement Time Extension On February 18, 2009, the City Council approved a one-year time extension for the completion of improvements associated with Subdivision Improvement Agreement No. 5131 for Tract Map No. 30046 (Monte Sereno), with CRV Monte Sereno, LP, adding a requirement that the vacant portions of the site be stabilized or hydro-seeded and maintained as such at all times, and to require maintenance of the base-paved streets that affect currently occupied residences. The new expiration date for the Tract Map No. 30046 Subdivision Improvement Agreement (CRV Monte Sereno, LP) is March 19, 2010. If you have any questions, I can be reached at(760) 323-8253, extension 8741. Sincerely_, 0 L � to - Carol Templeton Engineering Associate ns ;�-:i o% Co., Kim Berry of Bank Midwest N.A via email;Scott Myers,Ashbrook Communities-via email,Cindy Tnoo,Ashbmok Commurn tVia Traci Patton,Ashbreok Communities-vla email, City Clerk,TM30046 file O --- d7 , PCSr Office Box 2743 • Palm Springs, California 92263-2743 / OF AAtM s ,� fy,`G\�'Z Cite of Palm Spring ,- I rl,rrl ` I t DcA atuncni of F ublic Works and Enan urrnzl co°•�o. r° +° �,,.:�_•�,: �� 3210 E 7111Icgwr7 C1IIV0❑ W.ry • P1I111 Spnlfgs, Gdiforniz 92262 ��/PORN Tcl (760) ;?; R 73 ° rnN (760) -11-1-5360 - Web.w.v%erf pal III-spuu s.cn.uh February 25, 2008 Western Insurance Company c/o Sheer's West 3283 E. Warm Springs Road, Suite#200 V, �, n Las Vegas, NV 89120 ter: �o �.< Attn: Caroline L. Brown c: Re:Tract Map 30046 (CRV Monte Sereno, LP) �" = c Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement (No. A5131) between the City of Palm Springs and CRV Monte Sereno, LLC related to Tract Map 30046, have been partially satisfied. The remaining Faithful Performance Bond needed has been calculated using 2008 prices. The following subdivision securities required by the agreement may now be reduced to the following amounts: Faithful Performance Bond #1; Bond No. CDS60849; $ 0.00• • Faithful Performance Bond #2; Bond No. CDS60850; $1,037,560-00 The Labor/Materials Bonds can not be released until the City is receipt of copies of recorded Notice(s) of completion with an updated Title Report for the entire property dated at least 35 days after the recorded Notice(s) of Completion, to verify existence of any recorded Mechanic's Liens. The following subdivision securities required by the Subdivision Improvement agreement shall remain in full force and effect until further notice: • Faithful Performance Bond #3; Bond No. CDS60851; $ 680,000-00 Labor/Materials Bond #1; Bond No. CDS60849; $1,000,000-00 Labor/Materials Bond #2; Bond No. CDS60850; $1,000,000.00 • Labor/Materials Bond #3; Bond No. CDS60851; $ 340,000.00 • Monumentation Bond; Bond No. CDS60852; $ 13,350-00 Maintenance/Warranty Bond; Bond No. CDS60853: $ 702,000-00 If you have any questions, I can be reached at(760) 323-8253, extension 8741. Sincerely, 1 ^� Carol Templeton Engineering Associate Co. Carol Brown of$aheors West via email,Leslie Schulenberg of Western Insurance Company via email,Gary Chronister via email,James Thompson, City Clerk TM30046 No Post Office Box 27443 0 Palm Springs, California 92263-2743 DOC !1 2005 0T88�89 09/23/2005 08[0CA Fee;NC Page 1 of 36 Recorded in Official Record,- County of Riverside RECORDING REQUESTED BY; Larry W, Ward CLrfOF PALM SPRINGS Assessor,J County Clerk d Recorder AND WHEN RECORI)ED MAIL TO: I IlIIII IIIIIII�I IIIIIIII III IIIII IIIIIII III III�I III III .. City O( Palm Springs -- — — P. O, Sox 2743 M su rncE enc POOR NOCOR WF MI9C Palm Springs, CA 92263 Attn: City Clerk A`V N L COPY LONG FENNO NG1C EXA'd Piling Tee EXEMPT per Governorenf Cade G103 A5131 SUBDIVISION IMPROVEMENT AGREEMENT GRV MONTE SERENO, LP-A5131 Title of Document THIS AREA FOR RECORDER' S USE ONLY ' THIS PAGE ADDED TO PROVIDE ADEOUATE SPACE FOR RECORDING INFORMATION ($3.00 Addldonal Retarding Fee Applies) H•1115Er�+1GCuclaLwidcr\AC{oaO.REgdoc r r SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and CRV MONTE SERENO, LP A CALIFORNIA LIMITED PARTNERSHIP II III II I III II III III III IIIIIII as a��2eosg�6 TABLE OF CONTENTS 1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1(a) Works of Improvement . . . . . . . . . . . . I . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . 1 1.1(b) Mitigation Fees for Future Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . - - . 2 1.5 Performance or Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 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 1-13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1A4 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2-3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2-5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3-3 Licensed Contractors , „ . . . . . . . . . . . . . . . . . . . . . . . . . . . . „ „ . . . . . . . . . . . . 5 m m 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Now 4. Security - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.1 Required Security . . . . . . . . . . - . . . . . . . 5 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.3 Subdividers Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4-4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.5 Release of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5. Cost of Construction and Provision of Inspection Service . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5.1 Subdivider Responsible for All Related Costs of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5.2 Payment to City for Cost of Related Inspection and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6. Acceptance of Offers of Dedication . . . . . . . . . . . . . . „ . . . . . . . . . . . . . . . . . . . . . . . . . 8 �' i 7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . 8 S. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.1 Remedies Not Exclusive - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8 8.2 City Right tc Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9. Indemnity - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . 9 10 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . 11. Corporate Authority - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9 1111111111111111111 Illlllllllll! II IIIIIIII 09 4 00 3880eR SUBDIVISION IMPROVEMENT AGREEMENT ,JHIS SUBDIVISION IMPROVEMENT AGREEMENT(this "Agreement") is entered into this �j day of^PWC,� , 2005, by and belween the CITY OF PALM SPRINGS, a municipal corporation df the State of Califomia ("CITY"), and CRV MONTE SERENO, LP, a California Limited Partnership ("Subdivider"). RECITALS A. Subdivider is the owner of,and has obtained approval of a subdivision map for Tract Map No. 30046, located in the City of Palm Springs. County of Riverside, State of California (the "Property'), as described on Exhibit "A". The map contains conditions of approval for the development of the Property (the"Conditions") as described on Exhibit"B". B. Pursuant to the Conditions,Subdivider, by the Map, has offered dedication to the City of Palm Springs an easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots "A"through "I", inclusive, as shown within the map; easements for public utility purposes shown as 10' PUE" along and adjacent to all private streets, as shown within the map; easements for public utility purposes over Lots"J"through "Q", inclusive, as shown within the map; an easement for sewer purposes over Lot W'; an easement for sewer purposes 20 feet wide over Lots"P", "Q", 1, 2, and 3, as shown within the map; an easement for ingress and egress over Lots"J"and "K"for the maintenance of Lot"R"; and dedication of Lot"R"for open space and storm drainage purposes, including all rights,title, and interest thereto; and City desires to accept said public dedications and certain other improvements as described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement"(as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its public dedications and other improvements, as described in this Agreement, are a material consideration to City in approving the parcel map for the Property and permitting development of the Property to proceed. m �m ©° COVENANTS al 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 Obliciations. IA(a) Works of Im roveme f. 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 $4 680 000.00. 1.1(b) Mitigation Fees for Future Improvements. Prior to the issuance of each residential building permit for construction within the Property, Subdivider shall pay those Mitigation Fees identified in Exhibit "C", The fee schedule set forth on Exhibit "C" applies for the calendar year specified on the exhibit. If permits are not obtained within the specified calendar year,the Mitigation Fees may be adjusted in accordance with the final engineering spread study for"Canyon South,"as A • approved by the City but shall not exceed the Consumer Price Index for Riverside County. Said Mitigation Fees shall be held in a fund for the specific purpose associated with each fee until adequate amounts are collected to construct the applicable public improvement. 1.2 Other Obligations Referenced in Conditions of Tentative Man Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit""B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1_1 is to prescribe a complete work of improvement which Subdivider shall perform oreause 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 orfacility, 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 engineerwho will seek approval of the City Engineerfor 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 bythe City Engineer.The Plans shall be supplemented by such working orshop drawings as are necessary to adequately control the work.Without the City Engineer's priorwritten approval, no change shall be made by Subdivider orSubdivider's contractor to any plan, specification, orwcrking or shop drawing after it has been stamped as approved. 1.4 Survey Nlonumeats. 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 previded in Section 4.1(a)(iii) and, after setting the menument(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, fools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in t g Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4. may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice)at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair,reconstruct, replace,or otherwise make acceptable any work found I+by 11the City Engineer to be defective. �� II II I II III III I III Ih I �� I III 03123rG 9f�86 BOA 2 A 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 Author of the Citv 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 Subdividers contractor. 1,10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractors) regarding the Works of Improvement- Subdivider shall cause its contractor to fumish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.After examination,the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be consideeed as direct control of the individual workmen on the jab site. Ctty'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 taw. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all othcrapplicable 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 it necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdividers 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 inspectorto be incomplete or not in compliance aftertwo(2)"final"inspections, City mayrequire,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. 13 ` �IIIII All II�IIf II�I�IIU�IIIIIII I III IN I11 2 2 A5 ae as 008 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 Far Performance. 2.1 Commencement and Completion D tes. Subject to Section 22 and 2.3 below, Subdivider shall (i)commence with construction and installation of the Works of Improvement thlrtv 30 da s following City's approval of the Plans("Commencement Date");and(u)complete or cause to be completed all of the Works of Improvement two (2) years 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. 22 Phasing Requirements. Notwithstanding the provisions of Section 2.1. City reserves the right to conlol and regulate the phasing of completion of specific Works of improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements,as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees,construction of improvements,or both_ Final inspections or issuance of Certificates of Occupancy may he 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 Properly have not been completed to his satisfaction. 2.3 Force Ma"er ure. 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 longerthan five(5)days pnorto Ciiy'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 Farce Majeure and his decision shall be final. 2A 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 aeversion 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 66499,11-66499.20-314. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later oftwo(2) years from the date of this Agreement or within the time allowed herein,whichever is the later, and I 4• II IIIIII��I�I I II I I�II���II��� I�IIII II�II�I�l I I��I e9 0UVE 05 G$@@A 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, 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 forthe type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvementto cant'Workers'Compensation Insurance as required bythe Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site- 4- Securi . 4,1 Required Security. 4 G �O (a) At the time Subdivider executes this Agreement, Subdivider shall fumish to City the o o 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 F. applicable provisions of this Section 4 below(hereinafter"Security Instruments"): A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement("Faithful Performance Security Instrument"), in the amount of$4 68 0000.00 equal to 100%a 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 $2 34.0,000.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of$ 3 350.00 equal to 100% of the cast thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. S (b) Required Security Instrument for Mainienance ancLWa ranty-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 fora period of one(1)year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of$70 0000.00 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 Farm 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 farm 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 byA.M- Bests 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 letterof 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 Subdividerfails to deliver a replacement letter of credit not less than thirty (30)days priorto the date of expiration of any such letter of credit and shall further be subjecl 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. Q (d) aenpr2l.ReLquiremants for all Security Instruments. ©m a (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 v um 4 r� 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 or 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 Uly to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the -- - 6 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 Q. 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 or credit being in the same amount and having the terms and conditions as the initial letter or 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 delivereo City any other documents requested by City in order to evidence the creation and perfection of City's security Interest in such account. 4.5 Release of SecudtV 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 min aims o (iv) subject to the following sentences after passage of the time within which lien claims are M= required to be made pursuant to Article 3 (commencing with Section 3114)of Chapter 2 of Title 15 N 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 Costq 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. 7 0 0 5.2 Payment io City far Cost of Related Insoaction antl Engineer ng Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design,plan check,evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. fi. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.Such resolution(s)shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one(1)year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one(1)year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement flail to fulCll any requirements of the Plans, Subdivider,within fifteen(15)days afterwritten notice of such defects, orwithin such shortertime 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 M©� exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it ©; may by entitled. 4 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 Subdividershall 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 dhe 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 Attomey's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable 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 attorneys fees and costs. Such attorney's Fees and cast shall include fees and costs on any appeal, and in addition a party entitled to attorneys fees and costs shall be entitled to all other reasonable — s 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 sale negligenac 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 maybe 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 parttes- 11. CorporateAuthoritY. The persons executing this Agreement an behalf of the parties hereto warrant the (1) such party is duly organized and existing, (li) they are duly authorized to execute and deliver this Agreement on behalf of said party,(iii)by so executing this Agreement,such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) I11EI11111111111111M1111111111111111I11111111111111 vsr2az eo QOR 9 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement es of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA James Thompson, City Clerk David H. Ready, Ci ger RECOMMENDED BY: APPROVED BY CITY COUNCIL David Barakian, City Engineer SUBDIVIDER: CRV MONTE SERENO LP, a California Limited Partnership By: Capstone Residential Venture XXXI (GP/Monte Sereno) L.LC, a Delaware Limited Liability Company, its General Partner -- By: Capstone Residential Venture XXXI Company, a Delaware General Partnership, its sole Member By: Capstone Realty Advisors, LLC, a Delaware Limited Liability Company, its Operating Member (Check One: _individual, I/ partnership, _corporation) By W i, nature By: Alex Zikakis, its Sale Member Name and Title Mailing Address: in care of: Patty Schofield Ashbrook Communities 1545 Faraday Avenue Carlsbad, CA 92008 IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9$�S/ aM@s s&SA 10 -- - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I1 State of California I� County of Jan iJlPGICJss. �I on nnu,,,q, 9�l '�JU'.S _,_before me, iP� Fe,,,1,r j-iYA, 6 Ba a�. �f,��i�G � I� r Pmv Nanaaneyaul0lnmrleg JmoDoq Nnury NEnej ;$ f1 personally appeared t':'IAZp ' Nsmalel pl'rrJnanel ICI Aj personally known to meI LJ proved to me on the basis of satisfactory evidence I' •I I' tERI LYNN FERGl150N to 6c the person(s) whose name(s) is/are Cotttmissian.h 1503571 subscribed to the within instrument and w HoM p ioo,-�qQ1� acknowledged to me that hefshe/they executed y son Dino COLOY the same in his/her/their authorized ll MyComrlo.fxplres Jul 2d,2008 A capacity(les), and that by his/herltneir ir: signature(s)on the Instrument the person(s), or ki the entity upon behalf of which the person(s) acted, executed the instrument. P,, WITNESS my hand and official seal. A-�`/',%�,�1✓�T.,_. phi ^,Qnatli-ol Nato,Pub G) 51 OPTIONAL V f Though the rnfmmabon below is net ruqurmd by faw,rt may Provo mluable to PerwP o relying on the tlnnumenl and w ld Pre.ent lraudulGnt rLmOval and/C9ft9(dlmcYlf of rN5 form to nnnrhgr document LAjI fil Description of Attached Document c+ r. � Title or Type of Document Document Date: Number of Pages: Signcr(a)Other Than Named Above: , Capacity(ies) Claimed by Signer ; Signer's Name _ j;. ❑ Individual Top of nw'E horn, �I ❑ Corporate Officer—Tifle(s) ❑ Partner—El Limited L General ❑ Attorney-in-Fact O Trustee I 1 71 Guardian or Conservator I It CJ Other: I ISigner Is Representing 0 S �?.c?r�:. c a..�:'�^r•�..��ti:.�>u.�`G:ci:[:ii:i:i:ck:.:�:; .-v��,n..�:..�o�-u�cw-v_ _ vS:A 0 IBBP Hatonol Worry AWOalolia0 OSc Ca Salo Ava Fo Sax 2aoZ-LmLorih CA s 13132E08•mxa npnnaul,aj Wa PrW W5007 9",M,GA ieuAYgn r.Pap.OirnGC� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII J38?23 a05�e se�1 r State or California ) )ss. County of Riverside } On�t c��_ befon:me, Carric Rovncw.Notary Public j Dnle Name acid Title of Officer personally appt<vL;d —------------------- David H. Ready Namc(s)of Cigncr(s) ® personally known to me to be the persoo(s)whose nameW is/are subscribed to the within msinmtcut and aclmowlcdged to me that he/shdfficy executed the same in his/hcrfthcir authorized capaeity(ics), and that by luq/herfdteir signatures(s)on the instrument the _ CARRIE ROVNEy personW, or the cafay upon behalf of which the porson(^j Commislon#1348457 e•..aa _� Notary Public-CoPfomia acted, executed the instrument. RIv2r51de county — - MyComm.Erpires Mor26,2006 WITNFSS7 hand an lap seal A S1�11aalre of Notary Publ � State of California )ss. CountyarRiverssiide ) On lLs 1i before me, Came Rovnev,Notary Public I]cLe Namc and Tiuc of 011 icer personally appeared ------ ---James Thom son--- Ncmic(s)of Sigiwr(s) personally lmown to me crxR sovNer to be die personW whose names}is/arc subscribed to the Commla+lon k 1348487 within instrument and acknowledged to me that he/slre�k}rp w _* Notary public-Colltomla P exccu ted the same in hrs/hcrfdrztr authorizod cap acityW, Rivealde county and that by htsli=rfdnir slgnatures(6 on the instrument the MYComm-tligwes Ma126,2006 person(,-},or the entity upon behalf oEwhich the person(si acted, executed the instnunetlL. WITNESS my hand and offi Aial seal ` f Il I I II 1 111111111 lI I ti�gnanveb IIIllull II1 �I�IIII �I�I �If� 1111 I1Illll d�16 oe3rea EXHIBIT"A" TRACT MAP 30046 LEGAL DESCRIPTION Tract Map No. 30046, as recorded in Map Book . Pages through,19 inclusive, records of Riverside County, California. IIII{lIIIIIIiIIIIIIIIII���IIOIINIIIIIIIIIIhIIIIIIII vs:0�i27 5�0 b00P EXHIBIT "B" TENTATIVE TRACT MAP 30046 CONDITIONS OF APPROVAL ' IIIIIIIIIII�IIIIIIIIII IIIIIIIIIIIIIII IIIIII�I III�III DWMA12 of'�E�GOgR • i .- _ .�esolution 2U6,85 '� EXHIBIT A • TTM 30046 and Case No.5.0881 - PD-259 North of Bogert Trail, east of Goldenrod lane,west of Palm Canyon Wash July 30,2003 CONDITmONS OF APPROVAL Before final acceptance of the projeot, all conditions listed below shall be completed to the satisfaction of the City Engineer,the Dlrectbr of Planning,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 irdo shall be in a form approved by the City Attorney, PROJECT SPECIFIC CONDITIONS 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance;Municipal Code,or any other-City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend,indemnify,and hold harmless the City of Palm Springs,its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents,officers or employees to attach,set aside,void or annul,an approval of the Cifyof Palm Springs,its legislative body,advisory agencies,bradministrative officers concerning Specific Plan Amendments,TTM 30046 Case No.6,0881 -PD-269, 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 falls 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,orhold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matterwithout the applicant's consent but should it do so,the City shall waive the indemnification herein, except, the Clty's decision to settle or abandon a-matter following an adverse judgement or failure to appeal, shall not cause a waiver of-fhe indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements Including and without limitation sidewalks, bikeways, 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 acid t 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. Is i iII Il lIf ` iI { Il�II�IIIIII I�IIIIII�I�II I�III Illlfll 111 llllll III ICI' R� a3 0of �R i • � Resolution 2U685 I .... -- _. _-."_, •_-- ._.Y." _ .__. 4. The developer shall be responsible for compliance with the State Endangered Species Act i I and Federal Endangered Act prior to.the Issuance of grading permits,if deemed necessary J by the applicable resource agencies. 5- The applicant shall comply with the mitigation measures of the environmental assessment as follows., a. Design and construction of a 30-inch-storm drainage system meeting City and RCFCWCD approval to direct stonmwater runoff within TfM 30046 to the-Palm Canyon Wash. b. Design and construction of a flood wall(levee)protection system meeting City and RCFCWCD approval and consistent with the Settlement Agreement with the Sierra Club necessary to protect proposed residential development from Palm Canyon Wash 100-year water surface elevations. c. Design and construction of on-site rough grading plans for future residential development meeting City approval providing future pad elevations in excess of 2 feet above highest adjacent existing grade andlor in excess of 1.5 feet above the adjacent base flood elevation of the Palm Canyon Wash,- Application to FEMA for processing of LOMKs required to amend to associated FIRM forT IV 30046 and to redesignate all proposed residential developmentfrom Zone AO and A 123 to Zone B or C. e. Final grading,plans, hydrology analysis and construction plans shall be approved by the Public Works Director and RCFCWCD,as appropriate, prior to Issuance of grading permit. 1 f. Required LGMR's shall be submitted and approved by FEMA prior to issuance of 1 certificate of occupancy with TI-M 30046. _g. A fair-share contribution toward the construction of the South Palm Ganyon'Drive bridge over the Arenas South drainage channel or other funding m6chanism shall be determined in a method meeting City approval and submitted to the City priorto issuance of a grading permit h" Prior to issuance of grading permits the applicant shall obtain a 404 Permit and a 1603 Agreement(if required by law)and shall implement all mitigation measures called for in the 404 Permit and 1603 Agreement at the appropriate time to mitigate the project's impacts on Waters of the United States.- I. Compliance with Chapter 8.50 of the Palm Springs Municipal Code, Fugitive Dust Mitigation Plan,shall be required prior-to the issuance of grading permits. ' j. Submit a Fugitive Dust Program to South Coast Air Quality Maintenance District (AQMD)for review and approval prior to issuance of grading permits. Such plan shall be consistent with EPA and AQMD rules in effect at the time of issuance of grading permits. k. All mitigation measures outlined in the SP-1 Mitigation Monitoring Program shall apply except where superseded. •1. Prepare and submit a focused iraftic study to update the analysis prepared for the amendment to the Specific Plan#1 Environmental Assessment. (This condition no longer applies due to traffic study completed for ER Addendum prepared for the Canyon South Specific Plan amendments,'approved 7/16103). M. Determine any revisions or modifications to Table 7 "Circulation Mitigation Measures"of the Amendmentto Specific Plan#1 Environmental Assessment(This condition no longer applies due to traffic study completed for FIR Addendum i 1 prepared Iforlthle Canyon StoutlhlSplIelcific Plan amendments, approved 7116103). 11IIll IIIII�I l IIIIII� III I�III I�III�I III I�Ihh 11II� as eat 2d ..G sef V ze as 'ResuluUan 20665 .Page 10 • n. A fair-share contribution toward the off site roadway Improvements and traffic signals outlined in Table 7,TCirculatlon Mitigation Measures",of the Amendment to Speck Plan#1 Environmental Assessment,as modified by a focused trafficstudy, shall be determined In a method meeting City approval and submitted to the City priorto issuance of grading permit.(This condition has been superseded by traffic mitigation measures lti the FIR Addendum prepared for the Canyon Sout Speclfrc Plan amendments,approved 7/16103). C.- Payment ofTUMFshall be madepriorto Issuance of building permits. Please refer to Engineering Condition#k54 for details. P. Regarding Casey's Juno Beetle;an in-lieu fee of$500 per acre for impacts to to 41-.3 acres of creosote bush scrub and desert wash scrub($24,780)shall be paid to the Cltyor Habltat Conservation entityas designated byThe City of Palm spring$ . prior to issuance(if grading permits. (This,condMon has been included as part of private agreement between Palm Canyon, LLC and the Sierra Club. Please refer to Condition#15 m,for any additional requirements). q. Regarding the deserttodoise,a"clearance survey"shall be initiated priortb grading permits. if the results of that survey are positive, coordination with USPWS and CDFG and permitting subject to Section 10(a)ofthe Federal Endangered Species Act and Section 2081 of the State Endangered Species Act will be required. If the results are negative, than no further permitting will be necessary. (This condition has been superseded by biological resources mitigation measures in the OR Addendum prepared for the Canyon South Specific Plan amendments, approved 7/M03. Please refer to Condition#15,b, for details). r. Prior to grading, permits will be acquired from the U.S.Army Corps of Engineers, Regional Water Quality Control Board and CD FG.These agencies will establish any appropriate mitigation strategies through the permitting process. S. Automatic fire sprinklers shall be required in all homes outside of the 5 minute response time until a new fire station is constructed for the Specific Plan 1A area. t Developer shall contribute on a fair-share basis to the cost of developing a new fire station based on a formula adopted by the City, (This condition has been superseded by Fire Protection Services mitigation measures adopted in the EIR Addendum prepared for the Canyon South Specific Plan amendments, approved 7y1&r0$). U. During rough grading of the site,archaeological monitoring shall be provided.(This condition has been superseded by cultural resources mitigation measures in the EIR Addendum prepared for the Canyon South Specific Plan amendm_ ents, approved 7/1W3. Refer to Conditions#R9 and#10 for details). V. Grading or any other construction activitj shall halt in the area where artifacts are uncovered and the City shall be notified if potentially significant remains orartilacts are found, (This condition has been superseded by cultural resources mitigation measures in the OR Addendum prepared for the Canyon South Specific Plan amendments, approved 7116103. Refer to Conditions#t9 and#10 for details). 6a. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, a)derior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning 1 f Commission. Final development plans shall be submitted within two (2) years of the City Council approvalof the preliminary,planned development district. I��III IIIIIII II�Illlil �I�I�h�IIII��I II��I III�I II� 9� 20L C 3S 985Eli • ' Resolution 20685' ,-- -----•- - -______ �.I ___ _ _ page, 17 6b. The propertydevelopmentstandardsforthizprojecfshallbeSectiong2.01:00,R1 BZOne, � except,for the fnodifleations to minimum lot size, building height, front and side front setbacks, and detached garages. front setbacks for the residences and attached or detached garageswill be considered at 10 to 15 feet.Sidefront setbacks for the residences and attached or detached garages will be considered at 20 to 25•feet. Building height will be considered at up to 22.feet, pending submittal of final development plans. 7a. Final landscaping, irrigation, exterior fighting, and fencing plans shall be submitted for approval by the-Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Final landscape plans shall include the entire street right-of-way landscaped areas. The project shall be responsible for installation and maintenance of all landscaped areas within the right-qf way dnd easement area. 7b. The developer shall retain a biologistl000logist to develop and oversee the installation of a revegetation program for the Palm Canyon Wash. All areas disturbed, on and off site, during grading and construction shall be restored'. S. The project is-located in an area defined as having an impact on fish and wildlife as defined in $e❑fion 711.4 of the Fish and Game Code. Therefore, a fee of $1,31400 plus an administrative fee of$50.00 shall be submitted by the applicant in the-form of a money. order or a•cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the bounty Clerk with the Notice of - Determination. Action on this application shall not be final until such fee is paid. -9. Anative American Monitor shall be present during all ground disturbing aotivifles within the Plan boundary. Should any buried deposits encountered, the Monitor shall have the authority to halt destructive construction and notify a qualified archaeologist to investigate, an if necessary prepare a mitigation plan-for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. 10. Should cultural resources be encountered during site construction in any portion of the site, work shall immediately cease and a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be'documented and presented to the State Historic Preservation Office(SHPO),BIA,the Tribe and the City,and resolved to theirsatisfactiori. 11. The applicant prior to issuance of building permits !;hall submit a draft declaration of covenants, conditions and restrictions ("CC&R's")to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to the certificate of occupancy for the first home in the• subdivision. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require malntenance.of all property and landscaping within right-of-way in a good condition and-in accordance with all ordinances. 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$250 filing fee shall also be paid to the City Planning Department for administrative review purposes. J Illlllllllllllllllllgllllllllll 1111111111 IRE 111111 �� a of W page 12 i 12. Final development plans,shall be prepared in accordance with the Mitigation Monitoring Program for Canyon-Redevelopment plan and the Panyon Park Resort and Spa Specific Plan EIR, as amended in 2003 (how known as Canyon South S,paoific Plan), Prior to - approval of the Final PD and Final Tract Map,a comprehensive mitigation monitoring report consistent with the Monitoring Program shall be prepared and approved'by the Director of Planning and Zoning. The City shall be reimbursed for the cost of preparation and/or review of said report. Refer to City,Counoil Resolution No. 17698 certifying the Final MR forthe Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Plan, City .Council Resolution No. 18273 certifying the negative declaration for the General Plan - Amendmentand amendment tothe Canyon Parts Resortand Spa Specific Plan#1,and City -Council Resolution No.20673 recertifying the Final Elpforthe Canyon South Speck Plan for specific details: All mitigation measures, where applicable, shall be adopted as conditions of approval. The following measures are hi-4ighted for convenience: a. Prior to final project acceptance including approval of the :final map or planned development district,the City shall establish a formula for the applicant's payment of their "fair share"of the costs of the matters listed below, and applicant shall pay fees pursuant to the formula or post such security as the City Attorney shall determine is appropriate. The fairshare formulas shall be based on data developed by City or Its consultants to determine the applicant's proportionate respo risibility for providing the specified public improvements, and for producing affordable housing, based upon the benefits received by the project and/or impacts caused by the project. The casts shall include not only construction costs, but also design, engineering and other similar costs, as well as City administrative costs including the costs of developing the fair-share formula- Fair-share formulas shall be developed for the following matters; i) Funding of site acquisition and construction of a fire station providing adequate fire protection services to the project site and vicinity. H) Funding of site acquisition and construction of affordable housing meeting the goals of the City's Housing Element See Section 5-10 (5-184) Jobs and Housing for specific mitigation measures. M) Funding of construction of off-site roadway improvements and signals as shown in Table 6.14 of the Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific flan Final Environmental impact Report. b.• Appropriate removal and recompaction of surface soils in areas to support structures Will mitigate potential settlements. Building sites planned within the alluvial areas shall be evaluated bythe soil engineer for settlement potential during detailed geotechnical studies for design of structures, with respect to the•specifics of proposed structure locations,soil conditions, foundation loads, etc- A final soils report shall be submitted with the detailed development plans (grading and structural)for the,project. c, All outdoor lighting constructed on the project site shall be directed at the ground to prevent unnatural lighting from interfering with the activity of nocturnal animals that live in r the surrounding natural areas. Exceptions to this condition shall be limited to accent landscape and architectural lighting. All lighting which directly illuminates hillsides and i washff areas shallbe prohibited--! This condition shall be included in the CCUVs. I I�III���I�III i �II�II�I�II 1�I���IIII�I II III�I��II III es{a�2 aor C46 Resolution 20685 page, 13 d. Prior to Final PD or Tentative Map approval,the applicant fora Final PP or Tentative Map proposed Within the Specific Plan area shall prepare.a detailed drainage plan.which protects all proposed habitable structures from the 100 year storm and which is consistent with the Conceptual Drainage Plan described in Specific Plan#1A,as amended July 16, 2003, On-site surface drainage shelf be designed to manage 10-year to 100-year•storm runoff according to Riverside County Flood Control District and City Standards. Drainage facilities shall include: natural appearing structure&armoring replacement of jurrsdiotional waters disturbed; revegetation and rensturalization to blend with the surroundings. Proposed drainage improvements shall be renatural'ized using local rock materials and desertlandscaping using as much of the on-site cactus and other desert plants as possible. e. The natural vegetation of the site shall be preserved in open space areas. Necessary grading or other disturbance in naturally vegetated areas shall be revegetated with drought tolerant non-invasive species. The applicant shall submit landscape plans to the Department of Planning and Zoning for review and approval.• t3. Pursuant to the Sierra Club Judgement filed wish the Riverside County Clerk on August 18, 1993: a. The Palm Canyon Wash flood control facilities shall be constructed for 100-year storm protection and shall include the criteria as specified in the judgement. b. Flood control construction workfor palm Canyon Wash shall be limited to the period from May 1 to November 1 of any calendar year. C. As a means of providing temporary equestrian access, the applicant shall •refrain from using Palm Canyon Wash as a haul route. d, In accordance with Portiora#4 of Exhibit D, a 30 f6ot wide hiking and equestrian path shall be provided in the Palm Canyon Wash bottom. id•.• Final design of the Palm Canyon Wash flood control facilities is subject.to City and RCFCWCD approval. In the event a concrete lined channel is required, Planning staff recommends that rock lining be added to soften the visual impact. 15. All mitigation measures and associated mitigation monitoring program in the Addendum to Canyon Park Resort and Spa Specific Plan EIR apply and are hereby incorporated as conditions of approval. The following are mitigation measures specificto the Monte Soreno project that have been highlighted for c6nvenience: a. There shall be an emphasis on plant species native to the immediate region in the sensitive 100 yard wide area adjacent to natural hillsides. On a limited basis within residential yards, non-desert, non-invasive exotic plants may be utilized as ornamental landscaping.Two invasive species, tamarisk and fountain grass,shall be prohibited in the Specific Plan area.The proposed plan and landscaping palette for this area shall be subject to the review of the Director of the Department of Planning and zoning or the Planning Commission and a qualified biologist who is acceptable to the City. b. Pre-construction tortoise surveys shall be required for any project north of Bogert ' Trail and wIe`stI Iof Goldenro d Lane. The surveys shall occur no more than 36 hours ' I hlllf IIII II� �I III�I`II 1fll�i�lllll III11I1III II INI es�0 z Fs�aoaF • . ~ ^• FZesmlutfan 20585 _ __,) .._��_...�_._ -- ---•.,_., _` �___.��__,.r.___ _. Page 14 - prior to the initiation of any ground disturbing activity in the area. Should desert tortoise be identified,the project proponent shall secure permits from the California, Department of Fish and Game and/or the U. S. Fish and Wildlife Service, as required. c. The project proponent(s)foranyprojectrequiring alteration ofa stream orwaterof the United States shall secure 404 and 1608 permits from the U.S.Army-Corps of Engineers and the Califomia Department of Fish and Game, respectively,and 401 waterquality certification the Regional Water Quality Control Board,if required by law, d, Project proponents within the Specific Plan boundary shall be required to construct a fence in the future,if it can be demonstrated to the City Council thatdirect impacts to bighorn sheep are caused by any component of the projeclsproposed within the Specific Alan boundary.Ten verified sheep sightings in a given 12 month period will cause the initiation of a site spe6ific utilization study.The fence design, if required, shall be submitted to the City and any other responsible agency for review and approval prior to construction, The fence will be constructed within 12 months of notification by the City. e. All construclion activity will be confined to the project site with the exception of the temporary and permanent disturbance along the western side of the wash (see Exhibit2 of°Biological Constraints Letter Reportforthe Monte Soreno Development Project", by Thomas J. McGill, Ph.O., Michael Branoman Associates, December 2002), f. The limits of the temporary disturbance zone will be cordoned off to preclude vehicular access easterly into the remaining wash area. g. Construction activity shall stop before dusk each day to avoid attracting dispersing Caseys June Beetle males during the flight season (April 1 through May 31). h. Access to the construction site will come from Bogert Trail and will remain outside the wash. I. Controlling dust by spraying waterwill be permissible outside the flight season and only within the designated construction zone. j. The project proponent shall secure 2.46 acres of comparable desert wash habitat off-site as mitigation for permanent impacts. The 1.6 acres to be temporarily impacted shall be re-naturalized. k. A six foot wall or fence, meeting City standards, shall be constructed along the eastern property line of the project site. L The payment of a $600 per acre fee to the City, for the purchase of open - space/ccnservation lands, as previously included in the Mitigated Negative Declaration. M. Palm Canyon shall pay $85,000, to be used,for the acquisition of habitat for the Casey's June beetle, In addition to the $600 per acre required by condition 15.1. (hereafter"habitat acquisition funds"). The habitat acquisition funds shall be paid into an escrow for the City's benefit to be used for the acquisition of habitat for the Casey's June beetle in accordance with the terms of this Condition•15(m), Should the City,for any reason,decide not to accept the habitat aequisitionfunds,the funds shall be deposited into a separate escrow account for the benefit of an entity,public or privete, to be designated by the Sierra Club, subject to the approval of Palm Canyon,which approval shall not be unreasonably withheld. The habitat acquisition. funds shall still be used for acqulsition of Casey's June beetle habitat. The money 1 shall be deposited into an escrow account for the City or into a separate escrow account +within 2+1 days IIof1 City + Council approval of the Monte Serena project I I«III III�I+I II IIII�III II�IIIII IIII�II III Ill��I II IIII es�a�25 atti 8aoa •• �••}�csnlut:ian 211ti85 ;I ��------._____—....` _�___��_, _� z _ Page ,s 3 application.For the purposes of this.condition,date of approval shall be the date an which the last signature is placed on any resolution or ordinance required for the approval of the Monte Sereno project application. Palm Canyon shall proYide written notice to the Sierra Club that the habitat acquisition funds have been deposited within 48 hours of their deposit. For the purposes of this condition, the acquisition of habitat for the Casey's June beetle shall mean the pumhase-or permanent preservation by way of conservation easements and/or deed restrictions habitat identified in an approved habitat conservation plan or habitat approved by the Sierra Club. The City or the entity, designated in place of the City by the Sierra Club shall provide the Sierra Club written notice of an intended use of the habitat acquisition funds at least forty-five (45) days before such expenditure takes place and that failure to object in writing within thirty(30)of notice being maifed.shall be'deemed automatic approval by the Sierra Club. If, for any reason, Palm Canyon requests the return of the $85,000, the money, togetherwith accrued interest,shall be returned to Palm Canyon,this condition shall be deleted and the City shall prepare a Supplemental Environmental Impact Report to address the impact of the Monte Sereno project on the Casey s June beetle. t 6. The developer shall prepare a focused traffic study,to be completed within six months of when 80% of the project is complete, to evaluate traffiio impacts to Bogert Traii. The 1 focused traffic study shall be submitted to the City Engineerfor review and approval.The developer shall be responsible for all improvements to mitigate impacts identified in the focused traffic study. GENERAL CONDITIONS t. The street address numbering/lettering shall not exceed eight inches in height. 2. Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 3. The design,height,texture and color of fences and walls shalt be submitted for review and approval prior to issuance of building permits. 4. Texture, materials, and colors to be used on the proposed fences and walls shall be submitted for review and approval prior to issuance of building permits. 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 Peeing being 112% for commercial projects or 1/4% for residential projects with first$100,000 of total building permit valuation for individual Single-family units exempt"Should the public art be located on the project site,said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of aocess 1 and viewing. 1111111 NEI 111111111111 Ild 1111111 i 1111111111 - 0 _ _ a ~�2esolutpun x068S _. 6. separate architectural approval and permits shall be requfmd for ali signs. Adetailed sign program shall be submitted for review and approval by the Planning Commission. 7. The grading plan shall show the 'disposition of-al( cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. a. 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. 9. 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 Engineering specifications. 10, Norto 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. 11. Trash cans shall be screened from view and kept within Frty(50) feet of the street 12. All roof mounted mechanical equipmentshali be screenedfrom all possible vantage points both existing and future per Section 93,03,00 of the Zoning Ordinance. The screening shall 3 f 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. POLICE DEPARTMENT: 1. Developershall complywith Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 1. Prior to any construction on-site,all appropriate permits must be secured. PIKE: 1. Fire DepartmentAccess: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 2. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If parking on one side of the access road is desired,provide an additional s footwide parking ? lane with opposing curb marked red with appropriate signage for a total 28 foot width. If parking on both sides of the access road is desired,provide an 8 foot wide parking lane on 1 each side of the access-road for a total 36 foot width, (902.2.2.1 CFO) 11111111111111 t IIIIIIII 111111111111111IIf{1I 111111111 III FdJ23,20�€9as eG@A 'Resolution 26685 J page 17 3. , Tu&Around Requirements: Dead-end fire apparatus access roads in excess of 160 feet In length shall be provided with approved provisions fortheturning around of fire apparatus. The City of Palm Springs approved turn around provision Is a cul-de-sac with an outside fuming radius of 43 feet from centerline.-(902.2.2,4 CFC) 4, Mandatory Fire Sprinklers: Project is beyond a 5-minute response time from closest fire station and therefore requires an automatic fire sprinkler system_ Only a C-16 licensed fire sprinkler contractor shall perform system design and Installation. System to be dr sgned' and installed In accordance With NFPA standard 131), 1996 editlan, as modified by local ordinance. The contractor should submit fire-sprinkler plans when the building plans are submitted. This allows concurrent review of the fire sprinkler and building plans. 5. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed,completed,tested and in service priorto the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of the Installation, contractor shall submit a completed Contractor's Material and Test_Certificate to the fire department. (9-2.1 NFPA 24) 6. Residential fire hydrants: Residential fire hydrants,shall be installed in accordance with DWA specifications and standards. No landscape planting,walls,orfencing are permitted within 3 feet of fire hydrants, except groundgoVer plantings. 7. Site Plan: Provide the fire department with two copies of an approved site plan. Approved q locations for fire hydrants will be marked on this site plan,with one copy being returned to l the.applicant. The second copy will be retained by the lire department. g. Access During Construction: Access for fare fighting 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 13'9% Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,060 lbs. (Sec.902 CFC) ENGINEERING: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. , Any improvements within the street right of--way require a City of Palm Springs Encroachment Permit.Work shall be allowed according to Resolution 17950-Restricting Street Work on Major and Secondary Thoroughfares. ' 2. Submit street improvement plans prepared by a Registered Civil Engineer to the 'Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: I J I��III�fll�I If I��I I�I Ill�I II I II I II I�I I I I 99"a a 2'20,8 of 3 Ssnp _ .Ajl- . klesclution 20685 Page 18 A. Copy of signed Conditions of Approval from Planning Department. B, All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, ,easements, encroachment agreements/licenses, covenants, reimbursement agreements, 'etc. required by these conditions. BOGERT TRAIL 3. The Main Entry shall be constructed in accordance with City.of Palm Springs Standard Drawing No.205 and have a minimum width of 85 feet or as approved bythe City Engineer. 4. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No, 210. 5. Construct a 6 inch curb and gutter,20 feet north of centerline along the entire frontage per City of Palm Springs Standard Drawing No. 200 and 206, 6. Construct a Type C curb ramp meeting current California State Accessibifity standards along both sides of the MAIN ENTRY per City of Palm Springs Std. Dwg, Nos. 214 and '212A. 7. Remove and replace existing pavementwith a minimum pavement section of inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at r 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of existing pavement along the entire Bogert Trail frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R' values, by a licensed Soils Engineer and submitted to the City Engineer for approval. AVENIDA MARBELLA 8. The existing 50 foot wide easement 'for road purposes for Avenida Marbella (not constructed)maybe abandoned;however,access to the Palm Canyon Wash by Riverside County Flood Control District(RCFC) equipment and personnel shall be maintained or provided in an alternate location.The developer shall coordinate relocation of Palm Canyon Wash access with RCFC and provide the City Engineer with documentation from RCFC supporting abandonment of the existing road easement, prior to approval of the final map, PRIVATE STREETS 9. The following traffic calming devices, OR equal. (the final configuration to be approved by the City Engineer)shall be incorporated into the on-site streets: Narrowed pavement `chokers'shall be provided at one location on Street "B" between ? Streets 'A" and "E", one location on Street "D° between Streets `S" and "E", and one !j location on Street "r between Streets "B" and "D", as approved by the City Engineer. Chokers shall be designed with a transition using 25 foW reverse curves and a 40 to 80 foot long, 20 foot wide (10 feet each side of centerline) narrowed travel way. The narrowed IIIIIIIIIIl11IIII{IIIIIIIIIIIIIIII{{III II IIIIlIIII 05'�Z'49 M,OOP n •.• r Page 19 - , travel way shall be constructer{with a colored or deco(ative Pbrtland cemenf concrete section 6 inches thick as approved by the City Engineer. 10. The minimum pavement section for all on-site streets shall be 2-1/2 inch asphalt concrete pavement over flinch aggregate base,with a minimum subgrade of 24 inches at 95% relative compaction,OR equal-The pavement section shall be designed,using"R"values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 11, Construct a wedge curb,with the back ofthe wedge curb located 18.5 feet from both sides of centerline along all private street frontages, with 25 foot,radius curb'retums-and spandrels as required at interior street intersections, per City of Palm Springs Standard drawing No.200 and 206. 12. Construct 6 foot'wide cross gutters as required at interiorstreet intersections in accordance with City of Palm Springs Standard Drawing No.'200 and 206. 12. Street intersection design for interior "t." street intersections shall be designed in accordance with City of Palm Springs Standard Drawing No. 104, or as approved by the City Engineer, 14, Off-set cul-de-sacs of interior streets shall be designed in a manner acceptable to the City Engineer, !i 15. All centerline radii shall be a minimum of=feet. a the proposed intersection of Street"B"and Street"P" shall be revised. The intersection shall be redesigned in a manneracoeptable to the City Engineer,using a standard knuckle, or the centerline radius shall be increased to a minimum of 130 feet. 16. Construct minimum 10 wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201, 17. The following requirements for a gated entryshall be metto provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project A. Provide a minimum 50 foot setback to the access gate control mechanism B. Provide a turnaround after the mechanism for vehicles unable to enter the project C. Security gates shall provide a minimum of 20 feet clear width in one direction. D_ Provide a separate lane of ingress for residents- SANITARY SEWER 18- All on-site sewer systems shall be privately maintained by a Home Owners Association I (HOA). Provisions for maintenance of the on-site sewer system, acceptable to the City Engineer,shall be included in the Codes, Covenants &Restrictions(CC&Rs)required for this project. IIlIIIIIIIIlI IIIIIlIlIIIII IIIyIIIIIlIIIIIII11111I11f 09��A Pa F�69aF 0 • •.. '<QesolUtfon 206aS .._ i _.. ._ __�.._ �.__. _�.._......_ __ _ Page 20 19. Connect all santtary,faeilities to the City sewer system. Lateral shall not be connected at manhole, 20. Developer shah construct an 8 inch sewer main across all PRIVATE STREET frontages, or as required to provide sewer service to each lot. 21. Submit sewer-improvement plans prepared by a Registered Civil Engineer to the Engineering Department, The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall Include the following; A. Copy of signed Conditions of Approval from Planning Department B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. 22. The existing 8 inch and 12 inoh public sewer mains extending through the project and proposed for relooation shall be relocated in a manner acceptable to the City Engineer.The developer shall dedicate an easement for sewer purposes to the City or Palm Springs over the width of private streets forthe relocated alignment of the public sewer-system within the project.The-relocated public sewer mains shall be separated from the privatesewer system to be constructed to provide sewer service to lots within the project. GRADING 23. The proposed pad elevations shown on the tentative map are inconsistent with the City of Palm Springs.Flood Hazard Ordinance. Approved pad elevations shall be established as required to demonstrate compliance with the Flood Hazard Ordinance including:design of on-site•rough grading plans for future residential development meeting City approval providing future pad elevations in excess of 2 feet above each lots highest adjacent existing grade in the AO Zone,and/or 1.$feet above the base flood elevation in the A7 and A13 Zones. 24. A copy of a Toe Report prepared updated within the past 3 months and copies of record 'documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 25- Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for approval to submit for plan check prior to submittal to the Engineering Department. A PM 10(dust control)Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan.The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. T Minimum submittal includes the.following: i 1 A. Planning Department Iapprovlall to (submit for plan check. i11111 IIIIIII II IIIIIIII III III f{�I II!II ��II 4I1I N 7?rDI ,209 ec of OPa I ttesalution.20685 Page 21 B, Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department D. Copy of Title Report prepared/updated within past 3 months. E. - Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water PermitfromtheStateWater Resources Control Board (Phone No. 916 657-0687)to the City Engineer prior to issuance of the grading permit 26. Drainage swales shall be provided adjacentto all curbs and sidewalks-3'wide and 6"deep '-to keep nuisance water from entering the public streets, roadways, or gutters. 27- Developer shall obtain a General Construction Activity Storm Water-,Permit from tho state Water Resources Control Board(Phone Ne.(91o)-657-0687)and provide a copy of same, whorl executed,to the City Engineer prior to issuance of the grading permit 21 In accordance with City of Palm Springs Municipal Code, Section 8.50A0, the developer shall post with the City a cash bond of two thousand dollars ($2,000-00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 1 29. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site.A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans,calculations and other information subject to approval bythe City Engineer prior to the issuance of the grading permit. 30. Contactthe Building Departmentte got information regarding the preparation of the PM10 (dust control)Plan requirements. 31. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported-Fire Ant Project,applicants forgrading - 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)or a verbal release from that office prior to the issuance of the City grading permit.The California Department of Food and Agriculture office is located at 73-7.10 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 31 The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure as required by the hydrology i study prepared by Te+IIttemer and Associates,Dated April 2001, I�+III III�ItI�I�II�II���I�I�II�I�I���I I�I I��II III ll�l O3 21N 3905 O36 ER ltesollutlon 20685 a page 22. 33. The eastern slope.of the palm Canyon Wash shall not bWdisturbed. 04. Developer shall pay a fair share contribution as approved by the City Engineer toward the construction of a bridge structure at the South Palm Canyon Drive crossing of the Arenas South drainage channel. M. A portion of this property is in Federal Insurance Rate Map (FIRM) Zone A7 (Lots 25 through 29), .Zone A13 (Lots 3 through 10) and the remainder is in Zone AO-(Depth 1). Development of this project shall conform to all FEMA and Ciy of Palm Springs Flood Hazard Ordinance requirements for•these zones. 36. The developer shall design and construct a storm drain system outletting into the Palm Canyon Wash,as approved by RCFC and the City Engineer consistent with the proposed system included in the hydrology study prepared by Tetterner and Associates,dated April 2001. .37. The developer shall design and construct a hard lined levee flood wall system adjacent to the Palm Canyon Wash from the end of the existing levee north of the Bogert Trail Bridge to the north property line of the tract OR transition to the existing channel, and shall coordinate further drainage improvements within the Canyon Golf Course area as required by and approved by RCFC and the City Engineer, consistent with the proposed Improvements included in the hydrologyztudy prepared byTettamerandAssociates,dated April.2001. 35. The developer shall submit an application and all required information to the Federal Emergency Management Agency (FEMA) for approval of a Conditional Letter of Map Revision (CLOMR) or a Letter of Map Revision (LOMR) prior to issuance of building permits. 39, Final grading plans,hydrology analysis and construction plans shall be approved bythe City Engineer and RCFC, as appropriate, prior to issuance of a grading permit. ON-SITE 40. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. - 41. All proposed utilities shall be installed underground. All existing utilities shall be shown on the grading(street plans.The existing and proposed service laterals shall be shown from the main line to the propertyline.The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. i 42. The developer is advised to contact all utility purveyors for detailed requirements for this project at themearliest possible-date, I 4 • III1I II1IIIl II�IIIIII III II �IIIIIII III IIII IIII III1 ea 23�s ov e3�ac� y T 1 r Resolution 20685- page 23 43. 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 Uty of Palm Springs Zoning Code-93.02.00, D. 4-4. 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 Engineering specifications. NIAP 46. The Tifle Report prepared for subdivision guarantee for the subject property,the traverse closures for the.ebsting parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Department. 46. • -The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review.submittal shall be made prior to issuance of grading or building permits. TRAFFIC 47. The developershali provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The - -developer shall providesame through dedicationof additional right-of-way and widening of the sidewalk or shall be responsible forthe'relocation ofall existing traffic signal/safetylight poles, conduit,pull boxes and all appurtenances located on the BOGERT TRAIL frontage of the subject property. 48. Install a stop sign at the following interior street intersections as required by the City Engineer. Install a stop sign for vehicles egressing at the Main Entry. Install a three-way stop sign at Street"A"and Street"E". Install a stop sign on Street"C"at Street"E". Install a stop sign on Street"El at Street'D". Install a stop sign on Street"E"at$treet"B". Install a stop sign on Street"D"at Street"F". liistall a stop sigh on Street"H°at Street"I". 49. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the BOGERT TRAIL frontage prior to issuance of a Certificate of Occupancy. 50. The developershall pay a fairshare contribution towardthe off-site roadway improvements and tragic signals outlined in the Specific Plan,as amended on July 16,2003. Payment of required fair share contributions shall be made prior to approval of a final map. 51. Street name signs shall be required at each intersection in accordance with City of Palm ' Springs Standard Drawing Nos. 620 Vougti-625. f , I lllfll llllill ll llllllll111 IllII IIIIIII II IIIII IIII IIII a9r2s 3244 c,BE a ,Resolution 2tl6i35 Page Z4 52. Lnw profile and glare pratected lights shall be installed on eaorl side of the Main Entry located on Bogert Trall, 58. 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• minlmum, all construction signing,lighting and barricading shall be inaceordancawith State of Califomia, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1995, or subsequent additions in force at the time of construction. 54. This property is subject to the Transportation Uniform-Mitigation Fee based on the RESIDENTIAL.SINGLE FAMILY DETACHED ITC Cade B land use. 1 Illrlllllllllllll(Illillllllllll l�ll�lll(I II��IIIII��I °a� z a£a2$ EXHIBIT"C MITIGATION FEE SCHEDULE All estimated payments to be made prior to issuance of building permits. Each fee is calculated on a per unit basis. 1. Fire Station & Equipment $ 266.07 per unit 2. Drainage: $2,390.05 per unit 3. Read/Bridge: `b 2,704.00 per unit 4, Affordable Housing: $ 3,120,00 per unit The above Mitigation Fee amounts apply to permits issued in the calendar year 2005. Said amounts shall be adjusted based on completion of the City's engineers assessment spread report if the amounts determined in the report vary from these estimates. If there is an increase in the amount, Subdivider shall pay the additional amount per unit within thirty(30)days notice of the increase_ If there is a decrease in the amount, Subdivider shall receive a credit toward the payments on the next Mitigation Fees owed for subsequent building permits obtained for construction on the Property. In the event the permits are pulled in subsequent years, the Mitigation Fee amounts shall be further adjusted in a percentage basis by the Consumer Price Index as set forth in Section 1.1(b). IIIIIIIIIIIIPIIIIIIIIIIIII�+IIIIIIIIIIIIIIIIIIIIIIII�I 09 20-07 3/20 0