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2006-05-03 STAFF REPORTS 2I
i i ALMSAq �2 V N i A ��R/OEAi Ed 'tl A Oq<lFORe_p City Council Staff Report I I MAY 3, 2005 CONSENT CALENDAR Subject: APPROVAL OF FINAL MAP 32675 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH CONTEMPO COUNTRY CLUB ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR 25 SINGLE FAMILY HOMES AND 3 OPEN SPACE LOTS, LOCATED AT 2800 WHITEWATER CLUB DRIVE, IN SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST i From: David H. Ready, City Manager i Initiated by: Public Works and Engineering Department SUMMARY I Stantec Consulting, representing Contempo Country Club Estates, LLC, a California Limited Liability Company, has prepared a Final Map for subdivision of property into 25 single family home lots and 3 open space lots located at 2800 Whitewater Club Drive, in Section 1, Township 4 South, Range 4 East. Approval of the final map will allow the map to be recorded, and building permits to be issued for future construction of the 25 single family homes proposed within this development. This is merely an administerial action, as required by the Municipal Code and the Subdivision Map Act, RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32675 FOR PROPERTY LOCATED AT 2800 WHITEWATER CLUB DRIVE, IN SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH CONTEMPO COUNTRY CLUB ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Stantec Consulting, representing Contempo Country Club Estates, LLC, a California Limited Liability Company, submitted Final Map 32675, requesting that the property located at 2800 Whitewater Club Drive, in Section 1, Township 4 South, Range 4 East, Item No. 2 . I . City Council Staff Report May 3, 2006 - Page 2 Final Map 32675 be subdivided into 25 single family home lots, and 3 open space lots on a 6.03 gross acre site. At its meeting of May 11, 2005, the Planning Commission recommended approval of Tentative Tract Map 32675, which was subsequently approved by the City Council, subject to conditions, on June 1, 2005. Tentative Tract Map 32675 is a resubdivision of a portion of Tract Map 14029 which created a private street with various public easements. Tentative Tract Map 32675 includes abandonment of those easements, which is an easement for ingress and egress of service and emergency vehicles and public utility and sewer purposes over the private street within Tract Map 14029, in accordance with Section 66434 (g) of the Government Code. It has been determined that required conditions have been satisfied, that Final Map 32675 is in substantial conformance with the approved Tentative Tract Map, and that Final Map 32675 is ready for City Council approval. I s ' FISCAL IMPACT: Finance Director Review: None. '9 David J. Barakian Thomas J. W' son Director of Public Works/City Engineer Assistant City Manager David H. Ready, City _ -ger .ATTACHMENTS: 1. Map 2. Subdivision Agreement 3. Resolution ` ,� ATTACHMENT FINAL MAP 32675 w All a y $ IN q ! w Q # a t f co m ggggyy yy mu w5 1 w1 i g N Ila AN yp� Ra RR� v A. bm 'kill a 44 IN y q Ito A as RI Jill � „II 9aF J OF f lQiJ "u. WIMP mw F . ~or p" aaiWV CF NNISM SSM OF tliFORM -tact -rA4GZ� -VO. 32675 4 9Eh ASUW]Y yLWST I L��CMrl fZ Y�4�d9 N�SEC KN 1, a,7OW9Wp 4 SO/M RNCE SAOESFA5Tr 3 N BANVERfARD MV DW THE KEITH COMPANIES-PALM DESERT DIVISION APRIL,2005 IItRt/¢snt faIMR to Ao6 wss we r am mIM•a ua�a tat NR ur/m IaS'A'/xe<aI t: A��a�i�yM� aRommr>.s yMt� < > mva.amn as eaeav rr/aa Ra t/YN�. Ac /orr,/>Ar-a-ar s'Nt m A0.T Q•traR AR KaS NN9C aSR61•Bl a,r tAw/artw me 10 © Iolsiu�isne l"'l ,«v�ro.ry R.t�ncao'��•R•A arc rev © arc+uYRwfs vsu':rravrrrr,Aanrn<ao-a to RYAr A 11 Al 6W! 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Ial —xr,o Nat 15 L � ' / t�.ramrm4o �` 2 / er.,se t.Atm'w.a. 44 1 LOT 2 _--- TR 14029- �` �,� LOr'E" anaR••x LOT 1 TR 9317 exrAaRa` MB 91/44-45 •! A - _ //pp// ��y� f- ^\ i � A+rtwt•rr mtm•caxmtr I }IlYtar 'IfT a'. I ��`�� 'R IItI.rtII.'N OI! QMw,jA'Ii I NINlf<Y pt� EA IIOA�! - ---- �, SEE ZWEET IMO FOR MVRW)VR'S AWE% bl Y OF BDWW AND /7 /L �/�/7-/�Or PALM wnwg% coLWff _ MdNUMEMAIKW YGLCL ✓ L[/L Ll � SWE OF CM.FMM !6r J Orf�S J No. 32675 BVAC A SLId7r4 OF LOT I 7A4C7 M AV. 1407R, ON nI IN WOO 112 OF MiP^ Ma-5 5!MD W, RCOP05 OF RAE MDE COUMY• S7AIF OF CVIFo"A BOAC IN SE"OV 1, OF IDWf IP 4 SW7H,, R41CF 4 Ei T S BMVV UJ Mo?Y W THE KEITH COMPANIES-PALM DESERT DIVISION APRIL,2005 AYfIYR1q N6I:M S'Yf I81WV Ty1 IVY Ilyll a wv rts oro�Yalm a a ror r,Y nyn 1 Ynft✓}jk1 1 ur• / 10 ----- Sl! w i 9 I R a-uar 8 _ Y @ 12 � sr 4 7 13 m 22 q \ 6 w nc� V xf 4-,r ni sl 21 14 24 II 4 SEESHEET4 SEE SNEF!1MD AIM SaURYEYA45 ARN ZWaV7A7KW ._+.�bNC Yr iifi ax IYiii R CODA%OF SA)ME. SD11E OF OWFWU vYact -MaP No. 32675 SOW A SvaDrlfSAw- OF LOT f OP TRACT KIP NO. 14029, W ALE/N BOOK 112 OF KW$ PACES 61 AND 6Z REGa 05 C RhF MnF CWNP: STATE OF CWFaW µ BVNG N/SECTAY/ 1, OF 70*Wff/P 4 SSWF/, R&WI.4 EAST, SW d:MVMAD YER/DW, THE KEITH COMPANIES-PALM DESERT DIVISION APRIL,2005 „ � _ SEESHEET3 I I 13 i O i 22 \^ 6 rru� f« r �rwu I 21 am aw 1• k� � k '� �� 5 14 F 3 23 m 'm ;.r. ' u.�r � a• � l � r4 ice. mW.nwYt a'ar urn ' �' inxrrnr 4 I 24 19 i. aIK ma r m rr ' rr rnr �• i F"^+ :�;w ` 25 a yr `'• / •A'M�dE1B LO . Am ,n .wrr smrwr 1 lfff \ .W r 1 15 LOT'O" 'e, ; ,ry�'a Y>,"l��y�, 'y. 3 fA c.•ua..' - - LOr'E" 1sfE � Jas r�cri�°�rr n � /2�\ i xrn 16 � � Syr e4�� • ;Krvn'ia u¢r'i air�� / \\l ms' LOT` 4 r a[rs r, Inrm sys n.we«>Ar =i -------- J c� ATTACHMENT 2 SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and CONTEMPO COUNTRY CLUB ESTATES, LLC A CALIFORNIA LIMITED LIABILITY COMPANY TABLE OF CONTENTS 1. Construction Obligations......................................................................................1 1.1 Works of Improvement.............................................................................. 1 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................................................................................2 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 4ALetters of Credit.........................................................................................8 4.5 Release of Security Instruments.................................................................9 1 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 i5. Acceptance of Offers of Dedication.................................................................... 10 7. Warranty of Work............................................................................................... 10 8. Default............................................................................................................... 10 8.1 Remedies Not Exclusive ......................................................................... 10 8.2 City Right to Perform Work...................................................................... 10 8.3 Attorney's Fees and Costs ...................................................................... 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 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and CONTEMPO COUNTRY CLUB ESTATES, LLC, a California Limited Liability Company (Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 32675, 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" and "B"; an easement 10 feet in width for public utility purposes; 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. 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 1 . 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 $707,�I00.00. 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). 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. 2 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 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. 3 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 Focal 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 ;iection 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two L 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 4 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 Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive Period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4, In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to 5 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"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of 6 $707,100.00 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 $353,550.00 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 $15,100.00 equal to 100% of the cost thereof. This Agreement shall not be 'e,ffective 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.lrriprovement 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 $106,065.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1'(b), as applicable, shall meet the following minimum requirements and otherwise shall,,be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment ;or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) 7 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 Securitv 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 Gredit,,.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 ,sud' realization of any Security Instrument. Notwithstanding the giving of any,Security Instrument or the subsequent expiration of any Security Instrument or any failure by any..surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the .cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit, if: a replacement letter of credit (expiring in not less than one (1) year, unless City,agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the, initial letter of credit delivered hereunder, issued by a financial institution acceptable, to City as of the date of delivery of the replacement letter of credit. 8 (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 wind Materials Security Instrument when gall of the4ollowing have occurred: (i) Subdivider has made written requesf,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 Spbdivld,er is entitled to reimbursement from City for any of the Works of Improvement;;.sugh,, reimbursement shall be subject to a separate Reimbursement Agreement to.,be ,entered into between Subdivider and City prior to construction of the works. 9 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 reme`dy:',d'efective material and/or workmanship or make replacements or repairs within the..p.erigd of time set forth above, City may make such repairs and replacements and the actual,cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive, In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's,right to pursue any other administrative, legal, or equitable remedy to which it may by entitled,:; . 8.2 City Right to Perform W.ock. -1 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 10 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 attorney's fees and:cyst shall include fees and costs on any appeal, and in addition a party entitled to gttorney's fees and costs shall be entitled to all other reasonable costs incurred inJnvestiggting,.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,,,perso;nal ;injury, death, property damage, economic loss, and any other monetary damage, pr. pepalty to which City may be subjected, including without limitation, attorney's fees,end ,cpsts 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 Beneficiarieai: Tbis Agreement is intended to benefit only the parties hereto and their respectjye;,seiecpssors and assigns. Neither City nor Subdivider intend to create any third party,..beneficiary rights in this Agreement in any contractor, subcontractor, member of the general.public, or other person or entity.. 11 10.3 Entire Agreement; Waivera!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 sa'id.p.b. is,ibound. (Signatures on,Next Page) ..ir 4 12 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 13y James Thompson, City Clerk David H. Ready, City Manager STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: David Barakian, City Engineer' SUBDIVIDER: CONTEMPO COUNTRY CLUB ESTATES, LLC, a California Limited Liability Company By: Contempo Homes, Inc., a California Corporation, its Member Check one: _Individual _Partnership._Corporation* r Company *Note, for Corporations, two corporate,:officers must sign this Agreement, as indicated below; for all others, authorized agents must sign-this Agreement. By: r Signature (notarized) Signature (notarized) Name:. Michael D. Hutchison Name: MI CV)r46L. "D. )4wr 1l,SohJ Title: President Title: ceGttT"M (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 r ��� 14 Mailing Address: Contempo Country Club Estates, LLC 1701 N. Palm Canyon Drive, Suite 1 Palm Springs, CA 92262 (760) 325-3916 (760) 325-5667 (fax) 14 o� STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On November 4, 2005, before me, JOLT D. CASTER,Notary Public, personally appeared MICHAEL D. HUTCHISON, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) JOHN D.CASTER _ Commisslon 8 1389910 M, Notary Public-Califomid UN Angeles County MVCamm.E0W Dec 13.20D6 15 EXHIBIT "A" TRACT MAP 32675 LEGAL DESCRIPTION Tract Map No. 32675, as recorded in Map Book , Pages through inclusive, records of Riverside County, California. 16 EXHIBIT "B" TENTATIVE TRACT MAP 32675 CONDITIONS OF APPROVAL 17 RESOLUTION NO. EXHIBITA aPYHOYkU BY PUF!@f41rf# GUi,� awk Case No. 5.1024-PD-306, TTM 32675 ontempo Homes, Alexander Country Club Estates Gasp sp,UM pate smell °s initial-,,,, 2800 Whitewater Club Drive ,4PPSOVED BY CITY COUKIL Approved: June 1, 2005 one � .,�M 326 date 6(•v5 IniW[�!a : ,. tlsotutian x. Ordinance _ _ Expires: May 31, 2007 APPROVAL. SUBJECT TO ALL REQUIREP FINAL CONDITIONS OF APPROVAL COMMON!; BY ABOVE 01)01R3 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. PROJECT SPECIFIC CONDITIONS Administrative 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 5.1024-PD-306/TTM 32675. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. t. H:IUSERS\PLAN15.1024-PD306 Contempo 50119001215.1024 COA.doc t L L 3.That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4.Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 53his 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 112% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of 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. 73he Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government 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 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. HAUSERMPLAM5.1024-PD306 Contempo 501190012\5.1024 COA.doc 2 4 Environmental Assessment 8.The mitigation measures of the environmental assessment shall apply, and are incorporated herein by reference. The applicant shall submit a signed agreement that -the mitigation measures outlined as part of the negative declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment. 9-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 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 10.The applicant prior to issuance of building permits 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 approval of a final map. 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, and shall include all of the project conditions: 11.The applicant shall submit to the City of Palm Springs, a deposit in the amount of $8,000, for the review of the CC&R's by the City Attorney. A $2,000 filing fee shall also be paid to the Department of Planning Services for administrative and review purposes. 12.The CCR's shall have a disclosure statement regarding the location of the project relative to airport noise. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. Cultural Resources 13.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. 14.Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. HAUSERSIPL4M5.1024-PD306 Contempo 50119001215.1024 COA.doc 3 �� L a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 15.Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, Department of Public Works, and Department of Parks and Recreation, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 16.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 City Council approval of the preliminary planned development district. ITAn 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. HAUSERS\PLAM5.1024-PD306 Contempo 501190012\5.1024 COA.doc 4 ,v, � v 18.As part of the Palm Springs Country Club, the development should be open in nature. With the exception of 5' tall pool safety iron fences, walls shall be prohibited. The applicant shall work with staff to ensure that the proposed wall program is consistent with approved walls previously constructed in the Palm Springs Country Club. 19. The following standards have been established for Planned Development District #306. Where not specifically identified, the standards of the RGA (8) zone apply. a. Minimum lot area 6,242 s.f b. Minimum lot width 80' C. Minimum lot width, siding on a local 80' d. Minimum lot depth 75' e. Front yard setbacks 20' f. Sideyard setbacks 6' g. Minimum rear yard setbacks 8' h. Minimum rear yard backing to local street 15, I. Building height 14' Public Safety CFD 20.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. Accordingly, the City may determine to form a Community Services District under authority of 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 or protect, 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 the sale of any lots or a covenant agreement shall be recorded against each parcel. GENERAL CONDITIONS/CODE REQUIREMENTS 21.Preliminary planned development district and tentative tract map approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 22.'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 and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. H:\USERS\PLAN\5.1024-PD306 Contempo 501190012\5.1024 COA.doc 5 l 1 r 23.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. 24.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. 25.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. 26.AII materials on the flat portions of the roof shall be earth tone in color. 27.AII awnings shall be maintained and periodically cleaned. 28.Roof mounted mechanical equipment shall be prohibited. 2'9.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. 30.The street address numbering/lettering shall not exceed eight inches in height. 31.Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 32.Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 33.No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 34.Prior to the issuance of building permits, locations of all telephone and electrical boxes must be Indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Saiid transformer(s) must be adequately and decoratively screened. 35.The applicant shall provide all buyers with these Conditions of Approval. 36.Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. H9USERSTLAM5.1024-PD306 Contempo 50119001215.1024 COA.doc 6 Waste Disposal 37.Trash cans shall be screened from view and kept within fifty(50)feet of the street. POLICE DEPARTMENT 38.Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. 13UILDING DEPARTMENT 39.Prior to any construction on-site, all appropriate permits must be secured. FIRE 40.Fire sprinklers are required in every residence. 41.Reserve the right to provide additional comments during plan check process. ENGINEERING The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 42'.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. 43.Prior to approval of street improvement plans or a final map, provide evidence to the City Engineer that access rights exist in benefit of the developer across the Palm Springs Country Club development to the subject property. ON-SITE (PRIVATE) STREETS 44.Remove the existing street improvements for Whitewater Club Drive as necessary to facilitate the relocation of the on-site private streets as part of this development. Prior to issuance of a construction permit, provide the City Engineer with necessary approvals for coordination of removals and reconstruction of Whitewater Club Drive adjacent to existing Palm Springs Country Club units and parking spaces. HAUSERS\PLAM5.1024-PD306 Contempo 501190012\5.1024 COA.doc 7 1 Tl�h Y 45.Dedicate an easement 37 feet wide extending from back of.curb to back of curb to the City of Palm Springs for service and emergency vehicles and personnel with right of ingress and egress over the private streets. 46.Construct a 6 inch curb and gutter, 18 feet both sides of centerline, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 47.Construct 6 feet wide cross-gutters at all intersections (where required) with a flow Pine parallel with and 18 feet from the centerline of the intersecting street in accordance with City of Palm Springs Standard Drawing No. 200. 48.The on-site street "knuckle" shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 49.The off-set cul-de-sac at the end of Street "B" shall be constructed with a minimum curb radius of 43 feet. 50.All on-site streets shall have a minimum centerline radius of 130 feet. 51.Construct a minimum pavement section of 2Yz inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. 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. SANITARY SEWER 52.The developer is advised that City records do not show evidence that the entire existing sewer system within the Palm Springs Country Club is publicly maintained, and that coordination and approvals by the existing Homeowners Association for the Palm Springs Country Club may be required to facilitate this development. In the event City maintenance of the on-site sewer system is requested by the applicant and/or the Homeowners Association, coordination with off-site property owners for dedication of public sewer easements, as necessary to provide the City with rights to operate and maintain the entire existing sewer system, will be required. 53.'The existing sewer system within the portion of Whitewater Club Drive to be relocated by this development shall be removed. 54.AII sanitary facilities shall be connected to a sewer system. New laterals shall not be ' connected at manholes. �y�lfrl?Ryr° HAUS,ERS\PLAM5.1024-PD306 Contempo 501190012\5.1024 COA.doc 8 55.Construct an 8 inch V.C.P. sewer main within the private streets, in accordance with City standards. 56.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 building permits. 57.AII on-site sewer systems shall be privately maintained by a Home Owners Association (HOA), unless rights are provided to the City to operate and maintain the entire existing sewer system within the Palm Springs Country Club, including dedication iof a public sewer easement on off-site property. In the event the sewer system is not accepted by the City for maintenance, provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 58. In the event the entire existing sewer system within the Palm Springs Country Club is accepted by the City for maintenance, dedicate an easement on the final map over the on-site private streets for public sewer purposes. GRADING 59.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 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 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 Site Plan 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. HAUSERS\PLAM5.1024-PD306 Contempo 501190012\5.1024 COA.doc 9 60.Drainage swales shall be provided adjacent to all curbs to keep nuisance water from entering the adjacent streets. 61.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 approval of a Grading Plan. 62.In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the developer 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. ti3.The applicant shall be required to provide a geotechnical/soils report for the subject property if any proposed building pad is constructed on more than one foot of fill. Following completion of rough grading, the applicant shall provide a copy of the geotechnical/soils report and copies of soil compaction tests for all building pads on more than one foot of fill to the Building Department and the Engineering Division prior to receiving approval to proceed with construction of building foundations. 64.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. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). DRAINAGE 65.AII stormwater runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. An on-site retention and other storm drainage facilities approved by the City Engineer shall be required. 66. All stormwater runoff passing through the site shall be accepted and conveyed across the property to approved drainage structures as described in the approved preliminary Hydrology Study. The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of on-site stormwater ' runoff, as described in a final Hydrology Report for Tentative Tract Map 32675, as approved by the City Engineer. L HAUSERS\PLAN\5.1024-PD306 Contempo 501190012\5.1024 COA.doc 10 67.Construct an on-site drainage system to collect and convey increased stormwater runoff to the on-site retention basin . Submit storm drain improvement plans to the City Engineer for review and approval. All storm drain improvements and the on-site retention basin shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the storm drain system and the retention basin acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 68.The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 69.Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 70.All proposed utilities and utility lines shall be installed underground. 71.All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 72.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. 73.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 74.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. on c7?" HAUSERMPLAM5.1024-PD306 Contempo 50119001215.1024 COA.doc 11 75.In accordance with Section 66434 (g) of the Government Code, the portion of the existing public sewer and public utility easement over Whitewater Club Drive may be abandoned upon the filing of a Final Map identifying the abandonment of the easements 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 specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public easements 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 easements over Whitewater Club Drive from each public utility agency. The developer is advised that the City has received notice from the Southern California Gas Company of the existence of an existing gas line within Whitewater Club Drive that will require removal and relocation to facilitate this development. '76.Easements for flood control and drainage purposes shall be reserved across Lot 3 and Lot "C" to be used as an easement and retention basin and over those portions of the development for the private on-site storm drain system in accordance with the approved hydrology study, limiting the use of the property for flood control and drainage purposes in perpetuity, and restricting any and all encroachments, construction or improvements therein. Provisions for maintenance of the flood control retention basin shall be included in Covenants, Conditions and Restrictions (CC&R's) for this project, and shall be provided to the City Engineer for review and approval prior to approval of the final map. 77.Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. All record easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of such, proposed individual lots encumbered by existing record easements are rendered unbuildable until such time as these easements are removed of record and are not an encumbrance to the affected lots. TRAFFIC 78.Street name signs shall be required at each street intersection, as required by the City Engineer, in accordance with City of Palm Springs Standard Drawing Nos. 620 ,through 625. 79.A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed in accordance with City of Palm Springs Standard Drawing No. 620-625 at on- site street intersections as required by the City Engineer. 80.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. HAUESERS\PLAM5.1024-PD306 Contempo 501190012\5.1024 COA.doc 12 81.This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. -(AM) HAUSERS\PLAM5.1024-PD306 Contempo 501 190012\5.1 024 COA.doc 13 ��� ATTACHMENT RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32675 FOR PROPERTY LOCATED AT 2800 WHITEWATER CLUB DRIVE, IN SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH CONTEMPO COUNTRY CLUB ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY WHEREAS, the Planning Commission, at its meeting of May 11, 2005, recommended approval of Tentative Tract Map 32675, prepared by Stantec Consulting, representing Contempo Country Club Estates, LLC, a California Limited Liability Company, for the above described property; and WHEREAS, the City Council at its meeting of June 1, 2005, approved Tentative Tract Map 32675 subject to conditions; and WHEREAS, the easement for ingress and egress of service and emergency vehicles and public utility and sewer purposes over the private street identified on Tract Map 14029 is to be abandoned pursuant to Section 66434 (g) of the Government Code; and WHEREAS, the owner offers for dedication to the City of Palm Springs an easement for public utility purposes, including sewers, with the right of ingress and egress of service and emergency vehicles and personnel over Lots "A" and "B"; and an easement ten (10) feet in width for public utility purposes ; and WHEREAS, the offer of dedication to the City of Palm Springs of an easement for sewer purposes over Lots "A" and "B" is rejected. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 1. That Final Map 32675 is in substantial conformance with approved Tentative Tract Map 32675; and 2. That requisite conditions associated with Tentative Tract Map 32675 have been satisfied; and 3. That Final Map 32675 is in conformance with the General Plan; and 4. That Final Map 32675 conforms to all requirements of the Subdivision Map Act of the State of California; and S. That the abandonment of an easement for ingress and egress of service and emergency vehicles and public utility and sewer purposes over the private street dedicated on Tract Map 14029 on file in Book 112 of Maps, Pages 61 and 62, lying within the boundary of the map, is approved, pursuant to Section 66434 (g) of the Government Code; and Resolution No. Page 2 6. That all offers of dedication to the public on Final Map 32675, except the dedication to the public of an easement for sewer purposes over Lots "A" and "B°, shall be accepted by the City Clerk of the City of Palm Springs; and 7. 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 8. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 9. That Final Map 32675 is hereby approved for purposes therein defined. ADOPTED THIS 3rd day of May, 2006. 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 May 3, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California