HomeMy WebLinkAbout05425 - SMOKE TREE INC SUBDIVISION IMPROVEMENT AGR Page 1 of 1
Kathie Hart
From: Carol Templeton
Sent: March 12, 2009 9:22 AM
To: Kathie Hart
Subject: RE: A5425 -TM 33878-1
Good Morning Kathie, �v! �
Yes, close it out. tr
Have a good day.
Carol Templeton, Engineering Associate
City of Palm Springs Engineering Division
Direct(760) 323-8253 Ext, 8741
Fax(760) 322-8360 or 322-8325
CaroLTemplcto pA1rn5_p_ri�b ca gov
http://www.acode.us/codes/ ap Ims rin s/view,p)an
CONFIDENTIALITY NOTICE—This e-mail transmission,and any documents,files or previous c-mail messages attached to it may contain
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immediately notify the sender by telephone at(760)323-8253 X8741 or return e-mail and delete the original transmission and its attachments
without reading or saving in any manner.
From: Kathie Hart
Sent: Thursday, March 12, 2009 9:21 AM
To: Carol Templeton
Subject: A5425 -TM 33878-1
Carol: QK to close this out?
e
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
ILO (760) 323-8206 1 rP, (760) 322-8332
I Kathie,Hart@Polm$pring$CA.gov
03/12/09
�?PLA4
Al =z City of Palm Springs
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Department of Public Works and Engineering
3200 E.1 LhCjU1iz Canyon Way • Pnlm Sprmp, C21iFornza 92262
pRA,[O
(' �P Tel (760) 323-57.53 • Far; (760) d27.-5360 • We6: awncci.palm-sprin,,s.ra.iu
March 11, 2009 77
Canyon National Bank �— - >
1711 E. Palm Canyon Drive nc _ rl"i+'
77.
Palm Springs, CA 92264 =
Attn: Jeffrey D. Gobble ro _
Re:Tract Map 33878-1 (Smoke Tree, Inc.)
Please consider this letter as the City of Palm Springs' notice that the obligations of the
Subdivision Improvement Agreement between the City of Palm Springs and Smoke Tree, Inc.,
related to Tract Map 33878-1 have been fully satisfied. The project•was accepted by the City on
October 3, 2007, The following Subdivision Improvement Agreement security may now be
released to the following amount:
• Labor& Materials Security: Letter of Credit No. 360535-A $0.00
The following Subdivision Improvement Agreement securities were previously released:
• Faithful Performance Security: Letter of Credit No. 360683 (portion of) $0.00
• Monumentation Security: Letter of Credit No. 360683 (portion of) $0.00
• Maintenance/Warranty Security: Letter of Credit No. 360683 (portion of) $0.00
If you have any questions, I can be reached at(760) 323-8253, extension 8741.
Sincerely,
L - di"F�
Carol Templeton
Engineering Associate
Cc: Jeffrey Gabble of Canyon National Bank via fax:Tracy Conrad of smoke Imo.Inc. via email,James Thompson,City Clerk:770338784 Ole
Posc Office Box 2743 • Palm Springs, California 92263-2743
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City of Palm Springs
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Depar[men[ of public Works and Engineering
3200 E.MILquiti Canyon Wav • Palm Springs, California 92262
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O OR �P Tcl (760) 323-8253 ' Eax. (760)327-8360 • �U'e6: www.ei.palrn-sprinrs.ca.us
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February 26, 2009
Tracy Conrad
Smoke Tree, Inc.
1850 Smoke Tree Lane
Palm Springs, CA 92264
Attn: Tracy Conrad
Re:Tract Map 33878-1 (Smoke Tree, Inc): Time Extension for Subdivision
Improvement Agreement
Ms. Conrad:
On February 18, 2009, the City Council approved a one-year time extension for the
completion of remaining obligations associated with Subdivision Improvement
Agreement No. 5425 for Tract Map No. 33878-1 (The Cottages at Smoketree Ranch),
with Smoke Tree, Inc. The new expiration date for the Tract Map No. 33878-1
Subdivision Improvement Agreement is May 24, 2010,
If you have any questions, I can be reached at(760) 323-8253, extension 8741.
Sincerely,
Cwt
Carol Templeton
Engineering Associate
N
CC: Tracy Conrad of Smoke Tree,Inc. via email;City Clerk;TM338784 file
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Pose Office Box 2743 ' Palm Springs, California 92263-2743
DOC # 2007-0234296
04/06/2007 08:00A Fee:NC
Page I of 33
Recorded in Official Records
UE5TED BY: County Lar of U.
Riverside
RECORDING RE
Q Larry W. Ward
CITY OF PALM SPRINGS Assessor, County Clerk & Recorder
AND WHEN RECORDED MAIL TO: 1111111 ii 11111111111111111111111111 III 1111111111111
City of Palm Springs RPPAGF ;DOA;,, LONG RFD COPYP. 0. Box 2743 �Palm Springs, CA 92263465 SMFi'NCHG FxaM d7
Attn: Office of the City Clerk cl
Filing fee EXEMPT per Government Code 6103
A5425
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
SMOKE TREE, INC.
a California Corporation
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
TABLE OF CONTENTS
1. Construction Obligations...... ........................................... . ........ ........ ............1
1.1 Works of Improvement.................. ....... ....... ............................. ......2
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval ....................... ......... .................. ...................2
1.3 Intent of Plans ...... ...................................................................................2
1.4 Survey Monuments ............. ..... ........................... ...............................2
1.5 Performance of Work............................................ ........ . .......................3
1.6 Changes in the Work... ...... .......................... . ......................................3
1.7 Defective Work_................_......... .......................... ........ ....... ...........3
1.8 No Warranty by City........................ . ........................................................3
1.9 Authority of the City Engineer.........__............... ........................................3
1.10 Documents Available at the Site ................................................................3
1.11 Inspection...................................................................................................3
1.12 Compliance with Law.................................................................................4
1.13 Suspension of Work....... .................................... . ...................................4
1.14 Final Acceptance of Works of Improvement...............................................4
2. Time for Performance ................................................... . .....................................4
2.1 Commencement and Completion Dates ....................................................4
2.2 Phasing Requirements......... ......................................................... .........5
2.3 Force Majeure................... ...... . ...... ................ . .................................5
2.4 Continuous Work...................................................................... ......... . .....5
2.5 Reversion to Acreage..... ........ ...........................................................5
2.6 Time of the Essence .............................................. .................................6
3. Labor...................................................... .......................... ...............................6
3.1 Labor Standards............................. .........................................................6
3.2 Nondiscrimination................................. ....................................................6
3.3 Licensed Contractors ............................... ...... ......................................6
3.4 Workers' Compensation............................................. .............................6
4. Security.................... ........................... ........................................... ..............6
. ..
4.1 Required Security-.......__....... .................................. ............................6
4.2 Form of Security Instruments.....................................................................7
4.3 Subdivider's Liability............................................. ....... . .................. ......8
4.4 Letters of Credit..........................................................................................8
4.5 Release of Security Instruments ................................................................9
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e 964 6of3300R1111111111111111111111 2
5. Cost of Construction and Provision of Inspection
Service... ........... ....................................... ........ .. .............................................9
5.1 Subdivider Responsible for All Related Costs of
Construction.................................................................................... .. .......9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services ............. ........ . .................................. .........10
6. Acceptance of Offers of Dedication.....................................................................10
7. Warranty of Work................................................................................ ............10
8. Default ............. . ..................................................................................... . ........10
8.1 Remedies Not Exclusive ....................... ........ .....................................10
8.2 City Right to Perform Work.................... ......--................................. ......11
8.3 Attorney's Fees and Costs ................................... ....................... . ......... 11
9. Indemnity........................................... ........................................................
10 General Provisions............ ......... ...... ....... ................................. . ..............11
10.1 Successors and Assigns.......................................................................... 11
10.2 No Third Party Beneficiaries..................................................................... 11
10.3 Entire Agreement; Waivers and Amendments ......................................... 12
11. Corporate Authority........ ................................................................................... 12
2
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
f entered into this day of 200� by and between the
CITY OF PALM SPRINGS, a California charter city ( OIT Y'), and SMOKE TREE, INC.,
a California Corporation (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 33878-1 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 easements for public utility purposes, with right of ingress
and egress for service and emergency vehicles and personnel over the on-site private
streets (Lots "A" through "D", inclusive"), as shown on the map; easements for public
utility purposes, shown as "10' PUE", along and adjacent to the on-site private streets
(Lots "A" through "D", inclusive), as shown on the map; easements for public utility
purposes over Lots "E" through "Q", as shown on the map; and City desires to accept
the public dedication as shown on the final map, and certain other improvements
described in this Agreement.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
D_ Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and
other improvements and facilities, as shown on the Map, are a material consideration to
City in approving the final map for the Property and permitting development of the
Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein,
1. Construction Obligations.
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1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $1,020,000.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s)-
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1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1-7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor_
1.10 Documents Available at the Site- Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder_ Inspection or supervision by the City shall not be considered as
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direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 _Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
I II I 4 II II IIII II I AA II�I� II III
s02o3e0aeaV eRII I 7 33
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon approval by the City Engineer or his
designee. Extension of time may be granted upon mutual agreement of the City
Engineer and Subdivider, either verbally or in writing, as required by the City Engineer
or his designee.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Subdivider
acknowledges City's right to withhold the issuance of further building permits on the
Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements
that are a condition to issuance of building permits have been satisfied. Such
requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the
Subdivider by the City, if, upon a determination by the City Engineer or his designee,
completion of specific Works of Improvements or other requirements associated with
the development of the Property have not been completed to his satisfaction.
2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency (including City), required changes to the scope of work required by City,
and similar causes; provided, however, that the period of any enforced delay hereunder
shall not include any period longer than five (5) days prior to City's receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government Code Sections
5
IIIII III�III(IIII IIIII IIIII(III(IIIII III IIIII IIII IIII 04 08 8 0f 33900F
66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2) years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site_
4. Security.
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter "Security Instruments"):
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a 33900fl
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$1,020,000.00 equal to 100% of the estimated construction cost referenced in Section
1A.
(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 $510,000.00 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 $15,000.00 equal to 100% of
the cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith-
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $153. 000.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858, Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
7
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Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4A.
(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 Subdividers interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City-
(d) General Requirements for all Security Instruments-
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
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issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit-
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(I) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all casts 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
9
IIIIII III��II IIIII IIIII A11111111111111111111111 0410A01 b 2£0390BW
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council_ In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default_
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
10
III IIIII III Illill II II 94 13 0of 3S OF
7 3
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by farce account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
11
14
IIIIII(IIIIII IIIII IIIII IIIII III IIIIII III I�III�IIIIII 04 2 Bn,B 3900fl
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity_
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11. Corporate Authority.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound_
(Signatures on Next Page)
12
1111111111111111111111 IN 04 029 -0234296
6A 15 of 33
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
James Thompson, City Clerk David H. Ready, anager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
0j"
David Barakian, City Engineer APPROVED BY CITYCOL-idCIL
SUBDIVIDER: 0_1h
SMOKE TREE, INC., a California Corporation
Check one: _Individual_Partnership J Corporation*_Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By: By: ��
Signature (n tarized) SignatuVotarized)
Name: Tracy Conrad Name: Sally G. Phinny
Title: Vice President & Chief Operations Title: Secretary
Officer
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
IIIIIIIIIIIIIIIAIIII�IIIIIIIIIIAIIIIIIIIII1IIIIIIIIIN as e001 0of 33
Mailing Address:
Smoke Tree, Inc.
1850 Smoke Tree Lane
Palm Springs, CA 92264
(760) 327-1221
14
II�III IIII�II IIII II�i IIIII IIII IIIIII III�IIIII III IIII e4?es0 P of 330R
ALL-PURPOSE ACKNOWLEDGMENT
F
t �>�_ CAPACITY CLAIMED BY
of t l To A 'b'��Y ���' SIGNER
J o °zr 0 before me,Date / c,.,;;z,a,Name, Title of Officer 'o INDIVIDUAL(S)
ly appeared Sb��� G. +m>� 3z-c ❑CORPORATE
NAME(S) OF SIGNER(S) OFFICER(S)
ersonally known to me - OR— TITLE(S)
o proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S)
persons( whose name .iW/� subscribed to the within oATTORNEY-IN-FACT
instrument and acknowledged to me that hefshNa/ hye executed oTRUSTEE(S)
the same in hty'Ker/thejx authorized capacity(i� and that by oSUBSCRIBING WITNESS
hieF/thr it signature(. on the instrument the person(s� or the ❑GUARDIAN/CONSERVATOR
entity upon behalf of which the persons(sj acted, executed the ❑OTHER
I
Witness my hand and official seal.
TEN wIwAM Coewm SIGNER IS REPRESENTING:
Signature of Notary Comm 1521166 r^
N Y+g� NOTARY ROBMC•CAllFOANin VI
Rivem t Cooely
My Comm Wires Nov.76,2008
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document 50C�). _3�� A ( iz 4-,_jF4rt4t�
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages ►�� DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Si ner s Other Than Named Above t�-P-
15
II�IIIII�IIIIIIIIIIII�IIIIIIII�IIIII�IIIII�IIIIIIIII�II 04 Q6/ $0 7 03.®@R
EXHIBIT "A"
TRACT MAP 33878-1 LEGAL DESCRIPTION
Tract Map No. 33878-1, as recorded in Map Book ��6 , Pages through 7 inclusive,
records of Riverside County, California.
16
IIIIII IIII�II IIIII IIIII IIIAI llll llllh 111 lllll�111 l�ll ees JS f 33B0P
EXHIBIT "B°
TENTATIVE TRACT MAP 33878-1 CONDITIONS OF APPROVAL.
17
I IIIIII IIIIII IIII�I�III IIIII III IIIIII III IIIIIII II IN0VeUa 07 L;e9$&A
Resolution No.21546
Page 6
EXHIBIT A
Case No- 5.1090— PD-323, TTM 33878
Smoke Tree Inc.
1850 Smoke Tree Lane, within Smoke Tree Ranch
CITY COUNCIL CONDITIONS OF APPROVAL
April 5, 2006
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the
Fire Chief or their designee, depending on which department recommended the condition-
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
Planning Department:
1. The proposed development of the premises shall conform to all applicable regulations
of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, .'
ordinances and resolutions which supplement the zoning district regulations. ;
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void or
annul, an approval of the City of Palm Springs, its legislative body, advisory agencies,
or administrative officers concerning Case 5.1046 Tentative Tract Map 33341. The
City of Palm Springs will promptly notify the applicant of any such claim, action, or
proceeding against the City of Palm Springs and the applicant will either undertake
defense of the matter and pay the City's associated legal costs or will advance funds
to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails
to promptly notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be responsible to
defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the
applicant's consent but should it do so, the City shall waive the indemnification herein,
except, the City's decision to settle or abandon a matter following an adverse
judgment or failure to appeal, shall not cause a waiver of the indemnification rights
herein.
3. That the property owner(s) and successors and assignees in interest shall maintain 1
and repair the improvements including and without limitation sidewalks, bikeways,
parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences
IIIII IIIIIII IIIII IIII IIIII I II IIIIAI III IIli�ll I IIII ea? -I of 3$
Resolution No.21546
Page 7
between the curb and property line, including sidewalk or bikeway easement areas
that extend onto private property, in a first class condition, free from waste and
debris, and in accordance with all applicable law, rules, ordinances and regulations of
all federal, state, and local bodies and agencies having jurisdiction at the property
owner's sole expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
4. The project is located in an area defined as having an impact on fish and wildlife as
defined in Section 711.4 of the Fish and Game Code; therefore a fee of $1,314.00
plus an administrative fee of$50.00 shall be submitted by the applicant in the form of
a money Order or a cashiers check payable to the Riverside County Clerk prior to
Council action on the project. This fee shall be submitted by the City to the County
Clerk with the Notice of Determination_ Action on this application shall not be final
until such fee is paid.
5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in lieu
fee. In the case of the in-lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform Building
Code, the fee being 1/2% for commercial or industrial projects, 114% for new
residential subdivisions, or 114% for new individual single-family residential units
constructed on a lot located in an existing subdivision with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the public
1 art be located on the project site, said location shall be reviewed and approved by the
Director of Planning Services and the Public Arts Commission, and the property
owner shall enter into a recorded agreement to maintain the art work and protect the
public rights of access and viewing.
6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code
Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made. Accordingly,
all residential development shall be subject to parkland dedication requirements
and/or park improvement fees. The parkland mitigation amount shall be based upon
the cost to acquire and fully improve parkland. The applicant shall submit a property
appraisal to the Planning Services Department for the purposes of calculating the
Park Fee. The Park Fee payment and/or parkland dedication shall be completed
prior to the issuance of building permits.
Environmental Assessment
7. The mitigation measures of the environmental assessment shall apply. The
applicant shall submit a signed agreement that the mitigation measures outlined as
part of the mitigated negative declaration will be included in the Planning
Commission consideration of the environmental assessment. Mitigation measures
_ I
are as follows:
IIIIIIIIIIIIIIIIIIIIIIIII11 fill IIIIIIIIIIIIIIII11lIII e�a602 0of 33R0R
Resolution No.21546
Page 8
MM III-1 Earth-moving activities on the project Site shall be suspended during
first and second stage ozone episodes or when winds exceed 25 MPH, pursuant to
the Coachella Valley PM10 State Implementation Plan and SCAQMD Rule 403.1_
MM III-2 Adequate watering techniques shall be employed on the project site to
mitigate the impact of construction-generated dust particulates. Portions of the
project site that are undergoing earth moving operations shall be watered such that
a Crust will be formed on the ground surface and then watered again at the end of
the day, as part of the construction specifications.
MM 111-3 Any construction access roads to the project site shall be paved as
soon as possible and cleaned after each work day. The maximum vehicle speed
limit on unpaved road surfaces shall be 15 mph.
MM 111-4 All trucks shall maintain at least two feet of freeboard.
MM 111-5 Trucks hauling dirt, sand, soil or other loose dirt material off-site, shall
be covered and washed off before leaving the site.
MM III-6 Adjacent streets shall be swept if silt is carried over to adjacent public
thoroughfares.
MM 111-7 As part of the construction specifications, any vegetative ground cover
to be utilized on-site shall be planted as soon as possible to reduce the disturbed
area subject to wind erosion. Irrigation systems needed to water these plants shall
be installed as soon as possible to maintain the ground cover and minimize wind
erosion of the soil.
MM I111-8 Construction operations affecting off-site roadways shall be scheduled
for off-peak traffic hours and shall minimize obstruction of through-traffic lanes.
MM V-1 As there is always a possibility of buried cultural and paleontological
resources in a project area, a Native American Monitor(s) shall be present during all
ground disturbing activities including clearing and grubbing, excavation, burial of
utilities, planting of rooted plants, etc. The Agua Caliente Band of Cahuilla Indian
Cultural Office shall be contacted for additional information on the use and
availability of Cultural Resource Monitors. Should buried cultural deposits be
encountered, the Monitor shall contact the Director of Planning Services. Following
consultation, the Director shall have the authority to halt destructive construction
and shall notify a Qualified Archaeologist to investigate the find. If necessary, the
Qualified Archaeologist shall prepare a treatment plan for submission to the State
Historic Preservation Officer and Ague Caliente Cultural Resource Coordinator for
approval. Human remains discovered shall be handled consistent with state law
provisions.
MM-VII-1 Prior to demolition of any structures, a Phase 1 ESA shall be prepared
to determine the presence of any hazardous building materials such as asbestos
II�IIII�IIIIIIIIII�I�III IIIII III 1111111111111111111111 04 0$2 007 08 300R
Resolution No,21546
Page 9
floor tiles, pipe insulation, etc. The recommendations of that report shall be
followed including the proper handling and disposal of the material as well as any
site remediation.
MM IX-1 The Omitted Not-A-Part portion of the property is recognized to be,
and will continue to be held as common area for this project and Smoke Tree
Ranch, and shall not be developed with dwelling units unless it can be
demonstrated that the residential units associated with this project, along with any
proposed dwelling units conform to density provisions of the Palm Springs General
Plan.
MM XW The project applicant shall demonstrate that all on-site residential units
shall be designed to meet the City of Palm Springs noise standards (65 CNEL in
outside activity areas and 45 CNEL in interior living areas). The project applicant
shall demonstrate compliance through the submittal of building and site
improvement plans that provide details regarding sound barrier heights, additional
insulation and building materials used to maintain interior noise levels, building and
window orientation, and other measures to reduce noise exposure levels to City
noise standards. A qualified noise consultant shall be retained to ensure that
project and building designs will meet City noise exposure standards. Evidence of
compliance with this mitigation measure shall be provided to the City prior to the
issuance of any building permits.
MM XI-2 All construction equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufflers and the engines shall be equipped with
shrouds.
MM XI-3 All construction equipment shall be in proper working order and
maintained in a proper state of tune to reduce backfires,
MM XI-4 Stockpiling and vehicle staging areas shall be located in the northern
portion of the site.
MM X115 Stationary construction equipment shall be placed such that emitted
noise is directed away from noise-sensitive receptors.
MM XI-6 Construction activities on-site shall take place only during the hours
between 7:00 a.m. and 8:00 p.m., as specified by the Palm Springs Noise
Ordinance (11.74.041), to reduce noise impacts during more sensitive time periods.
The Construction Site Regulations (Chapter 8.04.220) also identify specific limits on
hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if
the noise produced is of such intensity or quality that it disturbs the peace and quiet
of any other person of normal sensitivity.
Ir 8. The developer shall reimburse the City for the City's costs incurred in monitoring the
developer's compliance with the conditions of approval and mitigation monitoring
program, including, but not limited to inspections and review of developers
IIIIII IIIIIII III III IIIIIIIINII III 1111I II IN 04 A60 z 0e e 3 OA
Resolution No.21 W
Page 10
operations and activities for compliance with all applicable dust and noise
operations, and cultural resource mitigation. This condition of approval is
supplemental and in addition to normal building permit and public improvement
permits that may be required pursuant to the Palm Springs Municipal Code.
CC&R's
9. The applicant prior to issuance of building permits shall submit three (3) sets of a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director
of Planning Services for approval in a form to be approved by the City Attorney, to
be recorded prior to certificate of occupancy_ The CC&Rs shall be submitted with a
list of the adopted conditions of approval and an indication of where applicable
conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the
City, shall not be amended without City approval, and shall require maintenance of
all property in a good condition and in accordance with all ordinances.
10. The applicant shall submit to the Cily of Palm Springs, a deposit in the amount of
$2000, for the review of the CC&R's by the City Attorney. A filing fee, in accordance
with the fee schedule adopted by the City Council, shall also be paid to the City
Planning Services Department for administrative review purposes.
Final Design
11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted
for approval by the Department of Planning Services, prior to issuance of a building
! permit. Landscape plans shall be approved by the Riverside County Agricultural
I Commissioner's Office prior to submittal All landscaping located within the public
right of way or within community facilities districts must be approved by the Public
Works Director and the Director of Parks and Recreation.
! 12. 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,
exterior lighting plans, sign program, mitigation monitoring program, site cross
sections, property development standards and other such documents as required
by the Planning Commission. Final development plans shall be submitted within
two (2)years of the approval of the tentative tract map.
13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning Services prior to the issuance of building permits.
Manufacturer's out sheets of all exterior lighting on the building and in the
landscaping shall be submitted for approval prior to issuance of a building permit. If
lights are proposed to be mounted on buildings, down-lights shall be utilized. No
lighting of the hillside is permitted.
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Resolution No.21546
Page 11
Public Safety CFD
14. The Project will bring a significant number of additional residents to the community.
The Citys existing public safety and recreation services, including police protection,
criminal justice, fire protection and suppression, ambulance, paramedic, and other
safety services and recreation, library, cultural services are near capacity.
Accordingly, the City may determine to form a Community Services District under the
authority of Government Code Section 63311 et seq., or other appropriate statutory
or municipal authority. Developer agrees to support the formation of such
assessment district and shall waive any right to protest, provided that the amount of
such assessment shall be established through appropriate study and shall not
exceed $500 annually with a consumer price index escalator. The district shall be
formed prior to sale of any lots or a covenant agreement shall be recorded against
each parcel, permitting incorporation of the parcel in the district.
General Conditions/Code Requirements
15, The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance_ The applicant shall submit an application for Final Landscape Document
Package to the Director of Planning Services for review and approval prior to the
issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for
specific requirements.
i
16_ 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.
17. The grading plan shall show the disposition of all cut and fill materials. Limits of site
disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
18. Separate architectural approval and permits shall be required for all signs. A
detailed sign, program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
19. All materials on the flat portions of the roof shall be earth tone in color.
20. All roof mounted mechanical equipment shall be screened from all possible vantage
points both existing and future per Section 93,03.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend
with the architectural design of the building(s). The exterior elevations and roof
plans of the buildings shall indicate any fixtures or equipment to be located on the
roof of the building, the equipment heights, and type of screening. Parapets shall
r' be at least 6" above the equipment for the purpose of screening.
IIIIII IIIIIII IIIIII IIIII IIIII IIII IIIIII III IIII II II III 04 e002 33
26 0£ 3
Resolution No,21546
Page 12
21. No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
22. The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
23, The street address numbering/lettering shall not exceed eight inches in height.
24. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of Title 25 of
the California Administrative Code. Compliance shall be demonstrated to the
satisfaction of the Director of Building and Safety.
25, Prior to the issuance of building permits, locations of all telephone and electrical
boxes must be indicated on the building plans and must be completely screened
and located in the interior of the building.
26. Prior to submittal of any building permit or other type of pen-nit, any proposed
project shall provide evidence of Smoke Tree, Inc. approval.
Engineering Department:
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer_ ,
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a registered California civil engineer
to the Engineering Division. The plans shall be approved by the City Engineer prior
to issuance of any building permits.
I ON-SITE PRIVATE STREETS
3. Dedicate easements for public utility purposes, including sewers, with the right of
ingress and egress for service and emergency vehicles and personnel over the
proposed private streets.
i
4. All centerline radii shall be a minimum of 130 feet,
5. All on-site private streets shall be two-way with a minimum 20 feet wide travelway
(as measured between the edges of pavement on each side of centerline).
I• �
I �@07-E✓234298
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of 33
Resolution No_21546
Page 13
6. All on-site private streets shall be constructed with a minimum pavement section of
2% inches asphalt concrete pavement over 4 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or equal.
Remove and dispose of any existing asphalt concrete pavement that is not in the
correct roadbed location or is deficient in quality as necessary. If an alternative
pavement section is proposed, the proposed pavement section shall be designed by
a California registered Geotechnical Engineer using "R" values from the project site
and submitted to the City Engineer for approval. Remove and dispose of any
existing asphalt Concrete pavement that is not in the correct roadbed location or is
deficient in qualify as necessary.
7. Parking shall be restricted along both sides of the on-site private streets, The Home
Owners Association (HOA) shall be responsible for regulating and maintaining
required no parking restrictions, which shall be included in Covenants, Conditions,
and Restrictions (CC&R's) required for the development.
SANITARY SEWER
8. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
9. Submit sewer improvement plans prepared by a California registered civil engineer
to the Engineering Division. The plans shall be approved by the City Engineer prior
to issuance of any building permits.
10. Construct 8 inch V_C.P. sewer mains across the proposed on-site private street
frontages connect to the existing on-site public sewer system, as required by the
City Engineer. All sewer mains constructed by the applicant and to become part of
the public sewer system shall be televised prior to acceptance of the sewer system
for maintenance by the City.
GRADING
11. Submit a Rough Grading Plan prepared by a California registered civil engineer to
the Engineering Division for review and approval. A Fugitive Dust Control Plan shall
be prepared by the applicant and/or its grading contractor and submitted to the
Engineering Division for review and approval. The applicant and/or its grading
contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs
Municipal Code, and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures" as identified in the Coachella Valley Fugitive Dust
Control Handbook for each fugitive dust source such that the applicable
performance standards are met. The applicant's or its contractor's Fugitive Dust
Control Plan shall be prepared by staff that has completed the South Coast Air
Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class.
The applicant and/or its grading contractor shall provide the Engineering Division
With current and valid Certificate(s) of Completion from AQMD for staff that have
completed the required training. For information on attending a Fugitive Dust
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Resolution No,21546
Page 14
Control Class and information on the Coachella Valley Fugitive Dust Control
Handbook and related "PM10" Dust Control issues, please contact AQMD at (909)
396-3752, or at www.AQMD.gov_ A Fugitive Dust Control Plan, in conformance
with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to
and approved by the Engineering Division prior to approval of the Grading plan.
The Grading Plan shall be approved by the City Engineer prior to issuance of
grading permit.
a. The first submittal of the Grading Plan shall include the following information: Copy
of signed Conditions of Approval stamped by the Planning Department; Copy of
Tentative Tract Map stamped approved and signed by the Planning Department;
Copy of current Title Report; Copy of Soils Report; and a copy of the associated
Hydrology Study/Report.
12. Natural drainage swales should be maintained adjacent to all edges of roadway
pavement to keep nuisance water from entering the streets_
13. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed permit
shall be provided to the City Engineer prior to issuance of a grading permit.
14. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the
applicant shall post with the City a cash bond of two thousand dollars ($2,000.00)
per disturbed acre for mitigation measures for erosion/blowsand relating to this
property and development.
15. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the
proposed development. A copy of the soils report shall be submitted to the Building
Department and to the Engineering Division prior to approval of the Grading Plan.
16. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent To
Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert(Phone_ 760-776-8208).
DRAINAGE
17. This project may be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater
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Resolution No.21546
Page 15
River Region from the Colorado River Basin Regional Water Quality Control Board
(RWQCB). The applicant is advised that installation of BMP's, including mechanical
or other means for pre-treating stonnwater runoff, may be required by regulations
imposed by the RWQCB. It shall be the applicant's responsibility to design and
install appropriate BMP's, in accordance with the NPDES Permit, that effectively
intercept and pre-treat stormwater runoff from the project site, prior to release to the
City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City
Engineer and the RWQCB. If required, such measures shall be designed and
installed on-site; and provisions for perpetual maintenance of the measures shall be
provided to the satisfaction of the City Engineer, including provisions in Covenants,
Conditions, and Restrictlons (CC&R's) required for the development.
18. The applicant shall accept and convey all stormwater runoff across the property in a
manner consistent with the existing natural landscape of the Smoke Tree property.
19. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $7,271.00 per acre per Resolution No.
15189. Fees shall be paid prior to issuance of a building permit, unless prior
payment of fees may be demonstrated or credit for deletion of Master Storm Drain
lines is approved by the City Engineer.
GENERAL
20. Any utility trenches or other excavations within existing asphalt concrete pavement
l of off-site streets required by the proposed development shall be backfilled and
repaired in accordance with City of Palm Springs Standard Drawing No_ 115, The
developer shall be responsible for removing, grinding, paving and/or overlaying
existing asphalt concrete pavement of off-site streets,as required by and at the
discretion of the City Engineer, including additional pavement repairs to pavement
repairs made by utility companies for utilities installed for the benefit of the proposed
development (i.e. Desert Water Agency, Southern California Edison, Southern
California Gas Company, Time Warner, Verizon, etc.). Multiple excavations,
trenches, and other street cuts within existing asphalt concrete pavement of off-site
streets required by the proposed development may require complete grinding and
asphalt concrete overlay of the affected off-site streets, at the discretion of the City
Engineer. The pavement condition of the existing off-sife streets shall be returned
to a condition equal to or better than existed prior to construction of the proposed
development.
21. All proposed utility lines shall be installed underground.
22. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
23. Upon approval of any improvement plan by the City Engineer, the improvement plan
shall be provided to the City in digital format, consisting of a DWG (AutoCAD
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Resolution No,21546
Page 16
drawing file)and DXF (AutoCAD ASCII drawing exchange file). Variation of the type
and format of the digital data to be submitted to the City may be authorized, upon
prior approval of the City Engineer.
24. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-built'
information and returned to the Engineering Division prior to issuance of a certificate
of occupancy, Any modifications or changes to approved improvement plans shall
be submitted to the City Engineer for approval prior to construction.
25. Nothing shall be constructed or planted in the corner cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code Section 93.02.00, D.
MAP
26. A Final Map shall be prepared by a California registered Land Surveyor or qualified
Civil Engineer and submitted to the Engineering Division for review and approval. A
Title Report prepared for subdivision guarantee for the subject property, the
traverse closures for the existing parcel and all lots created therefrom, and copies of
record documents shall be submitted with the Final Map to the Engineering Division
as part of the review of the Map. The Final Map shall be approved by the City
Council prior to issuance of building permits.
I
27. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission"from the
Riverside County Transportation and Land Management Agency" G.I.S. digital
information shall consist of the following data: California Coordinate System, CCS83
Zone 6 (in U.S. feet): monuments (ASCII drawing exchange file); lot lines, rights-of-
way, and centerlines shown as continuous lines; full map annotation consistent with
annotation shown on the map; map number; and map file name. G.I.S. data format
shall be provided on a CDROM/DVD containing the following: ArcGIS
Gsodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG
(AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII
drawing exchange file). Variations of the type and format of G.LS. digital data to be
submitted to the City may be authorized, upon prior approval of the City Engineer.
TRAFFIC
28. Street name signage, and regulatory control signs at on-site private street
intersections shall be installed as necessary and as approved by the City Engineer.
29. Construction signing, lighting and barricading shall be provided for on all projects as
required by City Standards or as directed by the City Engineer. As a minimum, all
construction signing, lighting and barricading shall be in accordance with State of
California, Department of Transportation, "Manual of Traffic Controls for
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Resolution No.21546
Page 17
Construction and Maintenance Work Zones" dated 1996, or subsequent additions in
force at the time of construction.
30. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
Waste Disposal:
1. Trash cans shall be screened from view and kept within fifty(50)feet of the street,
Police Department.-
1. Developer shall comply with Article 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.
Fire Department
1. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided
i to the fire department. This shall clearly show all access points, fire hydrants, knox
ibox locations, fire department connections, unit identifiers, main electrical panel
j__i locations, sprinkler riser and fire alarm locations- Large projects may require more
than one page.
2. Fire hydrant systems; Following Fire Department selection of hydrant locations,
plans and specifications for fire hydrant systems shall be submitted to the fire
department for review and approval prior to construction. (901.2,2,2 CFC). All fire
hydrants shall be installed in accordance with DWA specifications and standards.
No landscape planting, walls, fences, signposts, or aboveground utility facilities are
permitted within 3 feet of fire hydrants, or in line with hose connections.
3. Fire Department Access: Fire Department Access Roads shall be provided and
maintained in accordance with Sections 901 and 902 CFC- (902.1 CFC)
4. Minimum Access Road Dimensions:
a. Private streets shall have a minimum width of at least 20 feet, pursuant to
California Fire Code 902.1 No parking shall be allowed in either side of the
roadway.
b. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an
unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2,1
CFC)
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Resolution No_21545
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C. Road Design: Fire apparatus access roads shall be designed and constructed
as all weather capable and able to support a fire truck weighing 73,000
pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet,
with an outside radius of 45 feet.
END OF CONDITIONS
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