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C'94 FORN,P City Council Staff Report
December 18, 2013 CONSENT CALENDAR
Subject: APPROVAL OF TRACT MAP 32233-5 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH TOLL CA II, LP, A CALIFORNIA
LIMITED PARTNERSHIP, FOR A 128-LOT SINGLE FAMILY
RESIDENTIAL UNIT TRACT MAP, LOCATED ON 23.479 ACRES AT
THE SOUTHEAST CORNER OF VISTA CHINO AND GENE AUTRY
TRAIL, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST
From: David H. Ready, Y 9 City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
MSA Consulting, Inc., representing Toll CA ll, LP, a California Limited Partnership, has
prepared a tract map for subdivision of property into one hundred twenty eight
residential lots, located at the southeast corner of Vista Chino and Gene Autry Trail, in
Section 7, Township 4 South, Range 5 East. Approval of the tract map will allow the
map to be recorded. This is merely a ministerial action, as required by the Municipal
Code and the Subdivision Map Act. This tract map represents the fifth phase of the
Palm Springs Classic development, now known as "Escena Palm Springs".
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 32233-5
FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF VISTA
CHINO AND GENE AUTRY TRAIL, IN SECTION 7, TOWNSHIP 4 SOUTH,
RANGE 5 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH TOLL CA ll, LP, A CALIFORNIA LIMITED PARTNERSHIP;"
and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
MSA Consulting, Inc., representing Toll CA II, LP, a California Limited Partnership,
submitted Tract Map 32233-5, requesting that the property located at the southeast
ITEM NO.
City Council Staff Report
December 18, 2013 - Page 2
Tract Map 32233-5
corner of Vista Chino and Gene Autry Trail, in Section 7, Township 4 South, Range 5
East, be subdivided into one hundred twenty eight residential lots on a 23.479 acre site.
At its meeting of October 13, 2004, the Planning Commission recommended approval of
Tentative Tract Map 32233, which was subsequently approved by the City Council,
subject to conditions, on November 17, 2004.
The property being subdivided as Tract Map 32233-5 for single family residential
purposes is the site of Escena Palm Springs Phase 5.
It has been determined that required conditions have been satisfied, that Tract Map
32233-5 is in substantial conformance with the approved Tentative Tract Map, and that
Tract Map 32233-5 is ready for City Council approval.
FISCAL IMPACT:
None.
lj.—
David J. Barakian
Director of Public Works/City Engineer
David H. Ready, City M
ATTACHMENTS:
1. Map
2. Subdivision Improvement Agreement
3. Resolution
02
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP
32233-5 FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF VISTA CHINO AND GENE
AUTRY TRAIL, IN SECTION 7, TOWNSHIP 4 SOUTH,
RANGE 5 EAST, AND APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT WITH TOLL CA II, LP, A
CALIFORNIA LIMITED PARTNERSHIP
WHEREAS, the Planning Commission, at its meeting of October 13, 2004,
recommended approval of Tentative Tract Map 32233, prepared by MSA Consulting,
Inc., representing Palm Springs Classic, LLC, a Delaware Limited Liability Company, for
the above described property; and
WHEREAS, the City Council at its meeting of November 17, 2004, approved Tentative
Tract Map 32233 subject to conditions; now therefor
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
1. That Final Map 32233-5 is in substantial conformance with approved Tentative
Tract Map 32233; and
2. That requisite conditions associated withTentative Tract Map 32233 have been
satisfied; and
3. That Final Map 32233-5 is in conformance with the General Plan; and
4. That Final Map 32233-5 conforms to all requirements of the Subdivision Map Act
of the State of California; and
5. That all offers of dedication to the public on Final Map 32233-5 shall be accepted
by the City Clerk of the City of Palm Springs; and
6. That the City Manager is hereby authorized to enter into a Subdivision
Improvement Agreement with the subdivider and to accept subdivision
improvement security in conformance with the requirements therein for
construction of required public improvements; and
7. That the City Clerk shall cause to have recorded with the Riverside County
Recorder the Subdivision Improvement Agreement; and
8. That Final Map 32233-5 is hereby approved for purposes therein defined.
03
Resolution No.
Page 2
ADOPTED THIS 18th day of December, 2013.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on November 17, 2010, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
04
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF B SHEETS
TRACTMAP NO. 32233-5 RECORDER'S STATEMENT
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N
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
TOLL CA II, L.P.
A CALIFORNIA LIMITED PARTNERSHIP
13
TABLE OF CONTENTS
1. Construction Obligations......................................................................................1
1.1 Works of Improvement...............................................................................2
1.2 Other Obligations Referenced in Conditions of
TentativeMap 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
1
14
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............................................. ...................... 11
.........................................
10 General Provisions..................................................................... 11
10.1 Successors and Assigns..........................................................................11
10.2 No Third Party Beneficiaries..................................................................... 11
10.3 Entire Agreement; Waivers and Amendments .........................................12
11. Corporate Authority.............................................................................. .......... 12
2
15
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this day of , 2013, by and between the
CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"),
and TOLL CA II, L.P., a California Limited Partnership (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 32233-5, 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 and sewer purposes with right of
ingress and egress for service and emergency vehicles and personnel, over Lots "A"
through "G", inclusive; easements for public utility and sewer purposes shown as "10'
PUE", along and adjacent to Lots "A" through "G", inclusive; easements for public utility
and sewer purposes over Lots "H" through "L", inclusive; and City desires to accept the
public dedications 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.
1
16
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 $3,225,100.00.
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).
2
17
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
3
18
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
4
19
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
20
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. Securi
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"):
6
21
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$3,225.100.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $1,612,550.00 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 $23,000.00 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) Reouired 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 $483,765.00 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
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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 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(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 Citys 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 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
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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. WarTanty 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.
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8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
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 attorneys fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
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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 Authoritv.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)
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IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By
James Thompson, City Clerk David H. ReadY, Y 9 City Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
David Barakian, City Engineer
SUBDIVIDER:
TOLL CA Il, L.P., a California Limited Partnership
By: Toll CA GP Corp., General Partner
Check one: _ Individual f Partnership _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 (notarized) Signature (notarized)
Name(Print): Kevin D. Duermit Name(Print):
Title(Print): Group President Title(Print):
(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)
Trustee
First American Title Insurance Company, Trustee Per Deed of Trust Recorded October 10, 2013, as
Instrument No. 2013-0489032, of Official Records of Riverside County, California.
By: By.
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Mailing Address:
48 Via Noela
Rancho Mirage, California 92270
(760) 770-0707
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ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY
County of SIGNER
On before me,
Date Name, Title of Officer ❑INDIVIDUAL(S)
personally appeared ❑CORPORATE
NAME(S) OF SIGNER(S) OFFICER(S)
❑ personally known to me - OR— TITLE(S)
❑ proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S)
persons(s) whose name(s) is/are subscribed to the within []ATTORNEY-IN-FACT
instrument and acknowledged to me that he/she/they executed ❑TRUSTEE(S)
the same in his/her/their authorized capacity(ies), and that by ❑SUBSCRIBING WITNESS
his/her/their signature(s) on the instrument the person(s) or the oGUARDIAN/CONSERVATOR
entity upon behalf of which the persons(s) acted, executed the ❑OTHER
instrument.
Witness my hand and official seal.
Signature of Notary SIGNER IS REPRESENTING:
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
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Si ne s Other Than Named Above
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ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY
County of SIGNER
On before me,
Date Name, Title of Officer ❑INDIVIDUAL(S)
personally appeared ❑CORPORATE
NAME(S) OF SIGNER(S) OFFICER(S)
❑ personally known to me - OR— TITLE(S)
❑ proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S)
persons(s) whose name(s) is/are subscribed to the within ❑ATTORNEY-IN-FACT
instrument and acknowledged to me that he/she/they executed oTRUSTEE(S)
the same in his/her/their authorized capacity(ies), and that by ❑SUBSCRIBING WITNESS
his/her/their signature(s) on the instrument the person(s) or the ❑GUARDIAN/CONSERVATOR
entity upon behalf of which the persons(s) acted, executed the ❑OTHER
instrument.
Witness my hand and official seal.
SIGNER IS REPRESENTING:
Signature of Notary
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
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Si ne s Other Than Named Above
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EXHIBIT "A"
TRACT MAP 32233-5 LEGAL DESCRIPTION
Tract Map No. 32233-5, as recorded in Map Book _, Pages through inclusive,
records of Riverside County, California.
17
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EXHIBIT "B"
TENTATIVE TRACT MAP 32233 CONDITIONS OF APPROVAL
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r t
t �
EXHIBITS
TENTATIVE TRACT MAP 32233
THE PALM SPRINGS CLASSIC, ESCENA
1000 GENE AUTRY TRAIL NORTH
APN 677-220-007 ET. SEQ., SECTION 7, 18.
FINALOONDITIONS OF APPROVAL
APPROVEY NOVEMBER17, 2004
EXPIRES: NOVEMBER 16, 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, 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.
PLANNING:
Project Specific Conditions:
1. 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 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 County Cleric with the Notice of
Determination. Action on this application shall not be final until such fee is paid.
2. 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, landscape plans, irrigation plans, exterior lighting plans, sign
ro ram mitigation
p gmonitoring program, site cross sections property development
P P
standards and other such documents as required by the Planning Commission. Final
development plans shall be submitted within two (2) years of the City Council approval of
the preliminary planned development district.
3. The city reserves the right to review, or conditionally approve final PDD and Tentative
Tract Maps. Additional conditions will be based upon the submittal and based upon the
approved Planned Development application, design review and City codes and
ordinances.
4. Final landscaping, irrigation, exterior lighting, 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 Commissioners
Office prior to submittal.
Page 1
34
Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 2
5. Prior to issuance of a grading permits, Fringe Toed Lizard Mitigation fees shall be paid.
6. Prior to issuance of a building permit, the applicant must provide a standard avigation
easement and non-suit covenant in a form prescribed and approved by the City Attorney,
with reference to present and future owners of all lots and all parcels for all land uses.
7. The applicant shall 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 submittal of a final map and approval prior to
building permits. The CC&R's shall be enforceable by the City, shall not be amended
without City approval, shall require maintenance of all property in a good condition and in
accordance with all ordinances.
8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2,500.00, for the review of the CC&R's by the City Attorney.
9. The CC&R's shall have a disclosure statement regarding the location of the project relative
to roadways, airport noise and adjoining M-1-P zoned developed and vacant properties.
Said disclosure shall inform perspective buyers about traffic, airport noise, future industrial
development and other activities which may occur in this area. This is an addition to the
standard avigation and easement and nonsuit covenant.
10. 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
and Zoning prior to the issuance of building permits for each phase or development area.
Manufacturers cut sheets of all exterior lighting on the building, in the landscaping, and in
the parking lot 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. A
photometric study shall be required for all parking areas, driveways and entries.
11. 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 feeing being
1/2% 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 access
and viewing.
12. 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
35
Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 3
permits, a parkland fee or dedication shall be made. Accordingly, all residential
development shall be subject to parkland dedication requirements and/or ark
1 P q
i P
improvement fees. The parkland mitigation amount shall be based upon the cost to
acquire and fully improve parkland.
13. The project will bring a significant number of additional residents to the community. The
City's existing public safety and recreation services, including police protection, criminal
justice, fire protection and suppression, ambulance, paramedic, and other safety services
and recreation librar
y and cultural services are near capacity. Accordingly, the City may
determine to form a Community Services District under authority of Government Code
Ord. C. Section 53311 et seq, or other appropriate statutory or municipal authority.
Developer agrees to support the formation of such assessment district and shall waive any
right of 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.
14. Prior to any ground disturbing activity, including clearing and grubbing, installation of
utilities, and/or any construction related excavation, an Archaeologist qualified according
to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey
the area for the presence of cultural resources identifiable on the ground surface.
15. A Native American Monitor shall be present during all ground-disturbing activities and that,
should buried deposits be encountered, that the Monitor have the authority to halt
destructive construction and that the Monitor notify a Qualified Archaeologist to investigate
and, if necessary, prepare a mitigation plan for submission to the State Historic
Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval.
16. One copy of any cultural resource documentation generated in connection with this
project, including reports of investigations, record search results and site records/updates
shall be forwarded to the Tribal Planning, Building, and Engineering Department.
17. The developer shall construct off-site sidewalk improvements on the south side of Vista
Chino between Via Roberto Miguel and Gene Autry Trail. The sidewalk shall be
constructed at a time when the Planning Commission determines it is appropriate, based
upon residential demand. Factors to be considered are to include number of dwelling units
proposed for development and proximity of said units to the intersection of Vista Chino and
Gene Autry Trail.
18. Construct Bus Shelters consistent with the Sunline Transit Agency that are custom
designed in keeping with the character of the project. The custom bus shelters shall not
have any advertising and shall be maintained by the project unless a separate
maintenance agreement with the developer and Sunline Transit Agency is entered into for
Sunline Transit Agency to provide maintenance.
36
Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 4
19. Construct equestrian trail and bikeway along the Whitewater Wash as identified in the
General Plan. The final alignment shall be coordinated with CVWD, RCFCWCD, and the
City as part of the Final Planned Development District.
20. As a part of the Final Development District, a Wildlife Management Plan will be submitted
for approval to the Airport Authority and the Director of Planning and Zoning.
21.Applicant shall provide e a revised project description and design
P P 1 P g standards within thirty(30)
days of City Council approval
22. All existing and proposed overhead utility lines that are less than 35 kV on/or adjacent to
this project shall be undergrounded. The location and size of the existing overhead
facilities shall be provided to the Engineering Department along with written confirmation
from the involved utility companies that the required deposit to underground the facilities
has been paid prior to issuance of a grading permit. All undergrounding of utilities shall be
completed prior to issuance of certificate of occupancy.
23. All residential development shall be subject to parkland dedication requirements and/or
park improvement fees. The dedication, payment of fees or combination thereof shall be
required prior to issuance of building permits. Parkland mitigation amounts shall be based
upon the costs to acquire and fully improve parkland and shall be adopted by ordinance or
resolution.
24. The Mitigation Monitoring Program from Case No 5.0666-B, The Palm Springs Classic,
shall be incorporated into these Conditions of Approval by Reference.
General Conditions:
25. 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, except as specifically
modified in this approval.
26. 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 5.0666 - B- PD-231. 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,
37
Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 5
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 Citys decision to settle or abandon a matter following an adverse
judgement or failure to appeal, shall not cause a waiver of the indemnification rights
herein.
27. 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 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.
28. 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.
29. 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.
30. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6"
deep. The irrigation system shall be field tested prior to final approval of the project.
Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public
streets, roadways or gutters.
31. 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.
POLICE DEPARTMENT:
32. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code.
WASTE DISPOSAL SERVICES:
33. The location of the trash enclosure is acceptable subject to approved construction details
approved by the Director of Building and Safety consistent with approved City details.
BUILDING DEPARTMENT:
34. Prior to any construction on-site, all appropriate permits must be secured.
38
Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 6
FIRE:
35. Fire Department Access: A secondary Fire Department access road shall be provided and
maintained in the Southern portion of TTM 32558 on the Cathedral City side.
36. Tum-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet
in length shall be provided with approved provisions for the turning around of fire
apparatus. The City of Palm Springs approved turn around provision is a cul-de-sac with
an outside turning radius of 43 feet from centerline. (902.2.2.4 CFC). On the existing plan
these need to be addressed at Lot 6 on TTM 32557, on Street K, which is shown on Sheet
1 of TTM 32233. Also on Streets W and Y which are shown on Sheet 2 of the same TTM.
On Sheet 3, Street HH is also excessive in length.
37. Turning Radius: Inside turning radii for roundabouts needs to be a minimum of 30 feet.
Any medians or islands need to be size accordingly. The turning radius for Lot 414 on
Sheet 3 appears to be undersized. Please show dimensions upon re-submittal.
38. Water Systems and Hydrants: Underground water mains and fire hydrants shall be
installed, completed, tested and in service prior to 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)
39. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with
DWA specifications and standards. No landscape planting, walls, or fencing are permitted
within 3 feet of fire hydrants, except groundcover plantings.
40. Site Plan: Provide the fire department with two copies of an approved site plan. Approved
locations for fire hydrants will be marked on this site plan, with one copy being returned to
the applicant. The second copy will be retained by the fire department.
41. Access During Construction: Access for fire 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 137. Fire department
access roads shall have an all weather driving surface and support a minimum weight of
73,000 lbs. (Sec. 902 CFC)
ENGINEERING:
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 7
Permit.
2. Developer shall obtain State permits and approval of plans for all work done on State Highway
111 (Gene Autry Trail). A copy of Caltrans requirements shall be submitted to the City Engineer
prior to the issuance of any grading or building permits.
3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering
Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or
building permits.
STATE HIGHWAY 111 (GENE AUTRY TRAIL)
4. Dedicate additional right-of-way to provide the ultimate half street width of 55 feet along the
entire frontage, together with a property line - comer cut-back at the southeast corner of Gene
Autry Trail and Vista Chino in accordance with City of Palm Springs Standard Drawing No. 105,
unless otherwise already dedicated by Parcel Map 30928.
5. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk
adjacent to the proposed bus tum-out, unless otherwise already dedicated by Parcel Map
30928.
6. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the
portions of the bicycle path that leave the public right-of-way, unless otherwise already
dedicated by Parcel Map 30928.
7. Abutters rights of access to Gene Autry Trail shall be dedicated to the City of Palm Springs
except at specifically approved locations.
8. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide
bus tum-out, with adjacent 12 feet wide, colored concrete sidewalk, at the northeast comer of
Gene Autry Trail and Classic Drive in a location to be agreed upon by the City and Sunline
Transit Agency. Construction of a bus stop shelter shall be required, with a design compatible to
project architecture as approved by Sunline Transit Agency and the Director of Planning
Services. Bus stop furniture and other accessories, as required by Sunline Transit Agency,
shall be provided by the developer. This condition shall be null and void if completed by others
prior to approval of a final map within Tentative Tract Map 32233.
9. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter
1000 - Bikewa
y Planning and Design) along the entire
frontage. The bicycle path shall be
9 Y
constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm
Springs Tan, or approved equal color by the Engineering Division. This condition shall be null
and void if completed by others prior to approval of a final map within Tentative Tract Map
32233.
10. Modify the existing left-tum lane to provide a 150 feet long southbound left-tum storage lane at
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 8
Gene Autry Trail and Chia Road, or as may be modified by the Traffic Report and approved by
the City Engineer. Existing median improvements, including landscaping, lighting and irrigation,
shall be modified to the satisfaction of the City Engineer. This condition shall be null and void if
completed by others prior to approval of a final map within Tentative Tract Map 32233.
11. Modify the existing left-tum lane to provide a 400 feet long southbound left-turn storage lane at
Gene Autry Trail and Tachevah Drive, or as may be modified by the Traffic Report and
approved by the City Engineer. Existing median improvements, including landscaping, lighting
and irrigation, shall be modified to the satisfaction of the City Engineer. This condition shall be
null and void if completed by others prior to approval of a final map within Tentative Tract Map
32233.
12. Coordinate the location of the intersection of Gene Autry Trail and Classic Drive with the City
Engineer and the Executive Director of the Airport. Upon approval of the intersection location,
relocate the existing northbound left-turn lane location as required to access the airport
commercial properties, and provide a 375 feet long southbound left-tum storage lane at Gene
Autry Trail and Classic Drive, or as may be modified by the Traffic Report and approved by the
City Engineer. Existing intersection improvements, median improvements, including
landscaping, lighting and irrigation, shall be removed, reconstructed or modified to the
satisfaction of the City Engineer. Modification and reconstruction of the existing parking lot and
driveways at the airport necessary to facilitate the relocated intersection shall be completed to
the satisfaction of the City Engineer and the Executive Director of the Airport. This condition
shall be null and void if completed by others prior to approval of a final map within Tentative
Tract Map 32233.
VISTA CHINO
13. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the
portions of the bicycle path that leave the public right-of-way, unless otherwise already
dedicated by Parcel Map 30928.
14. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk
adjacent to the proposed bus tum-out, unless otherwise already dedicated by Parcel Map
30928.
15. Abutters rights of access to Vista Chino shall be dedicated to the City of Palm Springs except at
specifically approved locations.
16, Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide
bus tum-out, with adjacent 12 feet wide, colored concrete sidewalk, at the southeast corner of
Vista Chino and Gene Autry Trail in a location to be agreed upon by the City and Sunline Transit
Agency. Construction of a bus stop shelter shall be required, with a design compatible to project
architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus
stop furniture and other accessories shall be fumished, as required by Sunline Transit Agency.
This condition shall be null and void if completed by others prior to approval of a final map within
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 9
Tentative Tract Map 32233.
17. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter
1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be
constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm
Springs Tan, or approved equal color by the Engineering Division. This condition shall be null
and void if completed by others prior to approval of a final map within Tentative Tract Map
32233.
18. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer
from Gene Autry Trail to the easterly property line (approximate with the existing Whitewater
Channel levee). Provide a 225 feet long westbound left-turn storage lane at Vista Chino and
Gene Autry Trail. Easterly of the Whitewater Channel levee, provide a striped median with a
minimum 150 feet long westbound leff-turn lane at Vista Chino and North Drive. Left-turn
pocket storage lengths and transitions shall be designed in accordance with the current Caltrans
Highway Design Manual. Additional paving and street widening along the north side of Vista
Chino shall be provided as necessary to construct the required median improvements. This
condition shall be null and void if completed by others prior to approval of a final map within
Tentative Tract Map 32233.
SAN JOAQUIN DRIVE
19. Dedicate additional right-of--way at the northerly end of San Joaquin Drive to provide an off-set
cul-de-sac or tum-around, or as otherwise approved by the Fire Marshall and City Engineer.
The cul-de-sac shall have a minimum curb radius of 58 feet, as required by the City of Cathedral
City. This condition shall be null and void if completed by others prior to approval of a final map
within Tentative Tract Map 32233.
20. Construct a 6 inch curb and gutter, 18 feet west of centerline along the entire frontage and
throughout the off-set cul-de-sac or tum-around, as approved by the Fire Marshall and City
Engineer, in accordance with City of Palm Springs Standard Drawing No. 200. This condition
shall be null and void if completed by others prior to approval of a final map within Tentative
Tract Map 32233.
21. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard
Drawing No. 201 within the cul-de-sac at the northerly end of San Joaquin Drive for service and
emergency vehicle access into the development as required by the City Engineer and/or Fire
Marshall
22. Construct a 6 inch thick concrete driveway from the driveway approach within the cul-de-sac at
the northerly end of San Joaquin Drive across Lot 552 as necessary to provide access from San
Joaquin Drive to the on-site street system as required by the City Engineer and/or Fire Marshall.
An alternative to concrete pavement may be approved, subject to review and approval by the
Fire Marshall.
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 10
23. Construct a minimum pavement section of 2'/2 inch asphalt concrete pavement over 4 inch
aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal,
from clean sawcut edge of pavement to edge of proposed gutter along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative
pavement section is proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using "R" values from the project site and submitted to the
City Engineer for approval. This condition shall be null and void if completed by others prior to
approval of a final map within Tentative Tract Map 32233.
ON-SITE STREETS
24. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs
for public utility and sewer purposes, and for service and emergency vehicles and personnel
ingress and egress, over the private streets.
25. Dedicate an easement, 20 feet wide, for service and emergency vehicles and personnel ingress
and egress, over Lot 552 as necessary to provide access from San Joaquin Drive to the on-site
street system.
26. Construct a wedge curb, acceptable to the City Engineer, 18 feet on both sides of centerline
along the entire frontages, and throughout the cul-de-sacs.
27. Construct a wedge curb, acceptable to the City Engineer, 14 feet on both sides of centerline
along the entire frontages of those on-site streets identified as Streets "00" (adjacent to Lots
292-294 [north end] and adjacent to Lots 305 and 306 [south end]), "PP" (adjacent to Lots 224
and 225 [north end] and adjacent to Lots 252 and 253 [south end]), "SS' (adjacent to Lots 211
and 212 [west end], and "W". Parking shall be restricted along one sides of these streets, as
necessary to maintain a 20 feet wide dear access way. Regulatory Type R26 "No Parking"
signs or red curb shall be installed on one side of these streets to prohibit on-street parking. A
Home Owners Association shall be responsible for regulating and maintaining required no
parking restrictions, which shall be included in Codes, Covenants and Restrictions required for
the development.
28. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard
Drawing No. 101. A minimum 43 feet inside radius shall be required for all on-site cul-de-sacs.
29. All on-site "knuckles" shall be constructed in accordance with City of Palm Springs Standard
Drawing No. 104.
30. On-site streets without a cul-de-sac or other approved tum-around shall not extend a distance of
150 feet or more from the intersecting street. On-site streets with a length exceeding 150 feet
shall provide a hammerhead tum-around or other access as approved by the Fire Marshall.
31, Construct a minimum pavement section of 2%s inch asphalt concrete pavement over 4 inch
crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction,
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 11
or equal. If an alternative pavement section is proposed, the proposed pavement section shall
be designed by a California registered Geotechnical Engineer using "IT' values from the project
site and submitted to the City Engineer for approval.
SANITARY SEWER
32. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be
connected at manholes.
33. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering
Division. The plans shall be approved by the City Engineer prior to issuance of any grading or
building permits.
34. Construct an 8 inch sewer main within Mission Drive and San Joaquin Drive as necessary to
extend public sewer service to the development.
35. Construct an 8 inch sewer main within all on-site streets and connect to the existing public
sewer system in Gene Autry Trail and/or San Joaquin Drive. All sewer mains constructed by the
developer and to become part of the public sewer system shall be televised prior to acceptance
of the sewer system for maintenance by the City.
36. Payment of applicable sewer assessment or sewer surcharge fees (if any) shall be paid prior to
issuance of building permits.
GRADING
37. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering
Division for review and approval. The Grading Plan shall be approved by the City Engineer prior
to issuance of a grading permit.
A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Engineering Division for review and approval. The
applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of
the City of Palm Springs Municipal Code, and shall be required to utilize one or more
"Coachella Valley Best Available Control Measures" as identified in the Coachella Valley
Fugitive Dust Control Handbook for each fugitive dust source such that the applicable
performance standards are met. The applicant's or its contractor's Fugitive Dust Control
Plan shall be prepared by staff that has completed the South Coast Air Quality
Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The
applicant and/or its grading contractor shall provide the Engineering Division with current
and valid Certificate(s) of Completion from AQMD for staff that have completed the
required training. For information on attending a Fugitive Dust Control Class and
information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10"
Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at
etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 12
Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved
by the Engineering Division prior to approval of the Grading plan.
The first submittal of the Grading Plan shall include the following information: a copy of
a final approved conformed copy of Conditions of Approval; a copy of a final approved
conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report;
and a copy of the associated Hydrology Study/Report.
DRAINAGE
38. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed
through the property, consistent with an approved hydrology/hydraulic study.
39. Drainage easements shall be reserved on the Final Map where and as required to convey off-
site stormwater runoff across the property, in accordance with an approved hydrology/hydraulic
study. On-site drainage easements shall be privately maintained by a Homeowners Association.
40. The project is subject to flood control and drainage implementation fees and/or construction of
drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs
Area. Validated costs incurred for the design and construction of storm drainage improvements
adjacent to or within the project as shown in the Master Drainage Plan may be credited toward
the drainage fee otherwise due. Coordination with Riverside County Flood Control & Water
Conservation District (RCFC) shall be required to determine acceptable methods of providing
9 i
storm drainage improvements consistent with the Master Drainage Plan. Credit for or deletion
of required drainage implementation fees will require review and approval by RCFC of proposed
storm drainage systems, detention and retention basins, and storm drain outlet systems into the
Whitewater Channel. If required as a condition of credit for or deletion of storm drainage
implementation fees, a cooperative agreement between the property owner(s), the City of Palm
Springs and RCFC shall be made whereby storm drainage easements for Master Drainage Plan
facilities are provided to RCFC within the project, and storm drainage improvements are
designed and constructed to the satisfaction of the City Engineer and RCFC.
MAP
41. 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.
42. In accordance with Section 66434 (g) of the Government Code, the westerly 15 feet of public
right-of-way for San Joaquin Drive may be abandoned upon the filing of a Final Map identifying
the abandonment of the right-of-way granted to the City of Palm Springs. Prior to approval of a
Final Map, the developer shall coordinate with each public utility company and determine
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 13
specific requirements as to the abandonment and/or relocation of existing underground utilities
that may exist within the portion of the public right-of-way to be abandoned. Prior to approval of
a Final Map, the developer shall provide to the City Engineer a letter of approval regarding the
proposed abandonment of the westerly 15 feet of San Joaquin Drive right-of-way from each
public utility agency.
43. In accordance with Government Code Section 66493 (0, an application for reapportionment of
the existing assessments related to Assessment District 155 levied against the properties shall
be performed at the expense of the property owner, or the existing assessments shall be paid in
full, prior to City Council approval of the Final Map.
TRAFFIC
44. The total number of 1,450 single family and multi-family units, and 450 room resort hotel
allowed within the development, as originally approved by Planned Development Unit (PD) 231,
shall be decreased by the total number of additional residential units approved by the City of
Cathedral City associated with Tentative Tract Maps 32557 and 32558 such that the overall
total number of units, and the traffic generated therefrom, does not increase from the original
total of units analyzed for the purposes of approval of PD 231.
45. The developer shall coordinate and prepare a traffic signal installation phasing plan. In
accordance with developer proposed on-site phasing of residential construction, the installation
of required traffic signals shall be phased as traffic signal warrants are met. Irregardless of a
traffic signal installation phasing plan, any traffic signal shall be installed at any time and upon
notice by the City Engineer that traffic conditions warrant installation, or the City's own analysis
indicates warrants exist for its installation. The design of all required traffic signals shall be
completed prior to approval of a final map. The developer is responsible for the installation of a
traffic signal, subject to the approval of Caltrans and/or the City Engineer, as required, at the
following locations:
A. Gene Autry Trail and Chia Road
B. Gene Autry Trail and Classic Drive
C. Vista Chino and North Drive
46. In coordination with the design and installation of traffic signals along Gene Autry Trail, a traffic
signal interconnect system, subject to the approval of Caltrans and/or the City Engineer, shall
be provided on Gene Autry Trail from Vista Chino to Ramon Road. In conjunction with the
design of required traffic signals, a traffic signal interconnect system shall be designed from
Vista Chino to Ramon Road, as directed by the City Engineer and approved by Caltrans.
Reimbursement for 65.86% of the cost of the design and installafion of the traffic signal
interconnect system may be made through a reimbursement agreement between the City,
Caltrans (if required)and the applicant.
47. Based on the Traffic Impact Study prepared by Endo Engineering, dated March 2003, the
following mitigation measures shall be addressed prior to issuance of a building permit on any of
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Tentative Tract Map 32233
November 17, 2004
Conditions of Approval
Page 14
the proposed parcels:
A. Pay the proportionate fair share contribution of $22,425 (14.95%) of a traffic signal at
Gene Autry Trail and Via Escuela.
B. Pay the proportionate fair share contribution of$18,140 (18.14%) of the cost to construct
a northbound right-turn lane on Farrell Drive at Vista Chino.
C. Pay the proportionate fair share contribution of 18.14% of the cost to construct a
southbound left-turn lane on Farrell Drive at Vista Chino. An engineer's estimate
of the cost to construct the required improvement shall be provided to the City
Engineer for review and approval.
D. Pay the proportionate fair share contribution of 4.9% of the cost to construct a
southbound left-turn lane on Farrell Drive at Ramon Road. An engineer's
estimate of the cost to construct the required improvement shall be provided to
the City Engineer for review and approval.
E. Pay the proportionate fair share contribution of 6.61% of the cost to construct a
southbound through lane on Cathedral Canyon Drive at Ramon Road. The fair
share contribution shall be held in trust for the City of Cathedral City until such
time as the intersection improvements are constructed. An engineer's estimate
of the cost to construct the required improvement shall be provided to the City
Engineer for review and approval.
48. Submit traffic striping plans for improvements to Vista Chino prepared by a California
registered Civil Engineer to the Engineering Division for review and approval. All required traffic
striping improvements shall be completed in conjunction with required street improvements, to
the satisfaction of the City Engineer.
49. Construction signing, lighting and barricading shall be provided for on all projects as
required by City Standards or as directed by the City Engineer. As a minimum, all construction
signing, lighting and barricading shall be in accordance with State of California, Department of
Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones"
dated 1996, or subsequent additions in force at the time of construction.
50. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid
prior to issuance of building permits.
47