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HomeMy WebLinkAbout2006-03-15 STAFF REPORTS 2J 41 V N � x k f k City Council Staff Report CITY COUNCIL MARCH 15, 2006 CONSENT CALENDAR Subject: APPROVAL OF FINAL MAP 33561 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH P.S. VENTURE INDIAN CANYON/SAN RAFAEL, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY, FOR 2 LOT TRACT MAP FOR CONDOMINIUM PURPOSES, LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL DRIVE, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Sanborn A/E, Inc., representing P.S. Venture Indian Canyon/San Rafael, L.L.C., a Delaware Limited Liability Company, has prepared a Final Map for subdivision of property into a 2 lot Tract Map for condominium purposes located at the northeast corner of Indian Canyon Drive and San Rafael Drive, in Section 35, Township 3 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 211 condominium units 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 33561 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL DRIVE, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH P.S. VENTURE INDIAN CANYON/SAN RAFAEL, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. Item No. 2 . 1 1 . 1 1 City Council Staff Report March 15. 2006 - Page 2 Final Map 33561 STAFF ANALYSIS: Sanborn A/E, Inc., representing P.S. Venture Indian Canyon/San Rafael, L.L.C., a Delaware Limited Liability Company, submitted Final Map 33561, requesting that the property located at the northeast corner of Indian Canyon Drive and San Rafael Drive, in Section 35, Township 3 South, Range 4 East, be subdivided into 2 lots for condominium purposes on a 20 gross acre site. At its meeting of August 24, 2005, the Planning Commission recommended approval of Tentative Tract Map 33561, which was subsequently approved by the City Council, subject to conditions, on October 5, 2005. It has been determined that required conditions have been satisfied, that Final Map :33561 is in substantial conformance with the approved Tentative Tract Map, and that Final Map 33561 is ready for City Council approval. FISCAL IMPACT: Finance Director Review: .-`` ,,�_ � None. % David J. Barakian Thomas J. W n Director of Public Works/City Engineer Assistant Cit anager David H. Ready, City Manager C ATTACHMENTS: 1. Map 2. Subdivision Agreement 3. 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Construction Obligations......................................................................................2 1A Works of Improvement..,............ .......--................. 2 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval.................................----.................................. 2 1.3 Intent of Plans.......................... ......................................................... ....... 2 1.4 Survey Monuments.................................................................................... 2 1.5 Performance of Work................ ............................................ ................... 3 1.6 Changes in the Work................................................................................. 3 1.7 Defective Work .......................................................................................... 3 1.8 No Warranty by City................................................................................... 3 1.9 Authority of the City Engineer.................................................................... 3 1.10 Documents Available at the Site................................................................ 3 1.11 Inspection .................................................................................................. 3 1.12 Compliance with Law................................................................................. 4 1.13 Suspension of Work...................................................................................4 1.14 Final Acceptance of Works of Improvement ..............................................4 2. Time for Performance...........................................................................................4 2.1 Commencement and Completion Dates....................................................4 2.2 Phasing Requirements............................................................................... 5 2.3 Force Majeure............................................................................................ 5 2.4 Continuous Work....................................................................................... 5 2.5 Reversion to Acreage ................................................................................ 5 2.6 Time of the Essence.................................................................................. 6 3. Labor.................................................................................................................... 6 3.1 Labor Standards........................................................................................ 6 3.2 Nondiscrimination ...................................................................................... 6 3.3 Licensed Contractors................................................................................. 6 3.4 Workers' Compensation............................................................................. 6 4. Security ................................................................................................................ 6 4.1 Required Security...................................................................................... 6 4.2 Form of Security Instruments..................................................................... 7 4.3 Subdivider's Liability .................................................................................. 8 4.4 Letters of Credit......................................................................................... 8 4.5 Release of Security Instruments......................................................:........:9 I 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 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of , 2006, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC, a Delaware Limited Liability Company (Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 33561, 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 Lots "A" and "B" for street, public utility, and sewer purposes; easements for public utility purposes with right of ingress and egress for service and emergency vehicles and personnel for on-site private streets, as shown on map; easements for bikepath and pedestrian purposes, as shown on the map; abutters rights of access to Indian Canyon Drive and San Rafael Drive, excluding a 100 feet wide access point on Indian Canyon Drive and a 64.43 feet wide access point on San Rafael Drive, all as shown on the map; and City desires to accept the public dedication as shown on the final map, and certain other improvements described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. � 1 i tul. 1112 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sale rest 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 $2,970,500.00. 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 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 I 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 Subdividers contractor ' has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed ' these items, the procedure shall then be the same as specified above for the contractors 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 i 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 (iy4'.�h atj i 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 irnprovernents 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. i 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 Workers Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. i 4. Securi.tv. 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 i 6 (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $2,970,500.00 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 $1,485,250.00 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$4.0 00.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty ' Security Instrument"), in the amount of $445,575.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that ' 7 UOISIB 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 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, 8 GM 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 , g separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its : authorized representative make the usual and customary inspections of the Works of Improvement, In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8A Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 10 cy),°711 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 attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, ' including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such ' indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor 11 Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and.Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) I 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 By — James Thompson,City Clerk David H. Ready,City Manager STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: i i David Barakian,City Engineer SUBDIVIDER: P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC, a Delaware Limited Liability Company By: California Developmenit Enterprises, Inc.,a California Corporation, Its Manager Check one:_Individual_Partnership ✓ Corporation*,Company i *Note, for Corporations, two corporate officers must sign this Agreement, as indicated below;for all others, authorized agents must sign this Agreement. i By By: nature zed) Signature(notarized) Na Ron Shipka Name:- John Shioka itle:President and Treasurer Title:Vice President and Secretary (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 VlcePresident) Officer or any Assistant Treasurer) 13 MCLALSEAL» rlh L� M"11ILFe" ►b IIMr.i;7pw c�_ Mailing Address: P.S. Venture Indian Canyon/San Rafael, LLC 2121 E. Tahquitz Canyon Way, Suite 1 Palm Springs, CA 92262 (760) 325-7920 (760) 406-5872 (fax) 14 0O211, I I I I I I I, ALL-PURPOSE ACKNOWLEDGMENT State of G 1 o ` CAPACITY CLAIMED BY County of t9t7 n SIGNER On beforemri-e FCOP UY _ Date Name,T7tl of Officer. ❑INDIVIDUAL(S) personally appeared Roo `, -.�(3 �h f' b� ORPORATE e NAME(S)OF SIGNER($ T— OFFICER(S) a 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) Were subscribed to the within oATTORNEY-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 aGUARDIAN/CONSERVATOR entity upon behalf of which the persons(s) acted, executed the ❑OTHER instrument. Witness my hand and official seal. ,A (�M ^��D SIGNER IS REPRESENTING: Signature of Notary IATTENTION 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 f/ 1 MUST BE ATTACHED VV TO THE DOCUMENT Number of Pages DATE OF DOCUMENT 1 I DESCRIBEDAT RIGHT: Signer(s)Other Than Named Above 75 "OFFICIAL SEAL" Maury J.Fenton Notary Public,State of Illinois my Caomirclon E*ta ft 6.2010 00 EXHIBIT "A" TRACT MAP 33561 LEGAL DESCRIPTION Traci, Map No. 33561, as recorded in Map Book Pages through Inclusive, records of Riverside County, California. 16 00 EXHIBIT "B" TENTATIVE TRACT MAP 33561 CONDITIONS OF APPROVAL 17 � �D� Resolution No. 21420 Page 7 EXHIBIT A CONDITIONS OF APPROVAL 'CASE 5.1065, b.1029 PD 315, TTM33561 GENERAL PLAN AMENDMENT, PLANNED DEVELOPMENT DISTRICT, TENTATIVE TRACT MAP PS VENTURE INDIAN CANYON SAN RAFAEL, LLC NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL AUGUST 24,2005 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee,depending on which department recommended the condition. Any-agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE I. 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 5.1065, 5,1029, and TTM33561. 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 wilt 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 faits to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or field 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 heroin, except, the City's decision to settle or abandon a matter fallowing an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That. the property owner(s) and successors and assignees in interest shall maintain 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 fine, 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 3 l`�(92 F_ Resolution No. 21420 Page 8 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. 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 arl 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. • 5, Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made.Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland_ The fee shall be collected by the Planning Services Department. 6. The Project will bring 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 shalt be recorded against each parcel, permitting incorporation of tfie parcel in the district. CC&R's 7. The applicant prior to issuance of building permits shall submit•a draft declaration of covenants, conditions and restrictions ("CC&FZ's') to the Director of Planning Services 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, 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$10,000, for the review of the CC&R's by the City Attorney. A $2,000 filing fee shall also be paid to the City Planning Department for administrative review purposes. Cultural Resources Resolution No. 21420 Page 9 9. 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. 10. The project area has the possibility of buried resources. A Native American Monitor shall be present during all ground-disturbing activities, 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 Cahullla 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 shalt notify a Qualified Archaeologist to investigate and, 9 necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to.the State Fllstorio 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 bb forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to findl inspection. Final Design 12. 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 facifitles districts must be approved by the Public Works Director and the Director of Parks and Recreation. 1i3. 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 &Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit, If lights are proposed to be mounted on building's, down4ights shall be utilized. No lighting of the hillside is permitted. 14. All design criteria in the Section 14 Specific Plan shall be complied with prior to issuance of Certificate of Occupancy. 15. Directional arrows within the decorative pavement shall be' incorporated to identify one- way traffic and shall be included In the CC&R language, subject to the approval of the Director of Planning Services. ' Resolution No. 21420 Page 10 16. There shall be no guest parking in driveways of less than 20 feet in length- This language shall be included in the CUR's. ' 17. The design and function of the access gates shall assist in enforcing the one-way direction for traffic, The access gates shall be designed so that there is an enter only and a exit only function. The design and function is subject to the approval of the Director of Planning Services. GENERAL CONDITIONS/CODE REQUIREMENTS 18. The Architectural Approval shalt be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 19. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Tentative Tract Map and/or Architectural Approval application. 20, 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. 21. 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. 22. 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. 23. 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. 24. All materials on the flat portions of the roof shall be earth tone in color. 25. All awnings shall be maintained and periodically cleaned. 26. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall,be.at least 6" above the equipment for the purpose of screening. 27. Nb exterior downspouts shall be permitted on any facade on the proposed building(s) , which are visible from adjacent streets or residential and commercial areas. 28. Perimeter walls shall be designed, Installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. J�J„ . Resolution No. 21420 ' Page 11 29. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prier to issuance of building permits. 30. The street address humbering/lettedrig shall not exceed eight Inches in height. 31. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. ; 32. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 33. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 34• No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 35. No outside storage of any kind shall be permitted except as approved as a part of the ' proposed plan. 36. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved, 37. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s)must be adequately and decoratively screened. 38, ' The applicant shall provide all tenants with Conditions of Approval of this project. 39. Standard parking spaces shall be 1 I feet deep by 9 feet wide; handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 8 foot walkway at the right side of the parking space and shah be designated as"van accessible". 40. handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 49. Curbs shall bo installed at a minimum of five (6) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the from, area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 0 113 Resolution No. 21420 Page 12 42. Parking lot light fixtures shall align with stall striping and shall be located two to three foot from curb face. 43. Islands of not less than 9 feet in width with a minimum of 6 feet of planter'shall be provided every 10 parking spaces. Additional Islands may be necessary to comply with shading requirements. 44. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 45. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated : "U"design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb.shall provide wheel stops. -46. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces,shall be increased to eleven (11)Meet wide. 47. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. : POLICE DEPARTMENT 48. Developer shall comply with Section Il of Chapter 8.04 of the Palm Springs Municipal Code. 13UILDING DEPARTMENT 49. Prior to any construction on-site,all appropriate permits must be secured. FIRE DEPARTMENT 50. Shall comply with all Fire Department codes and regulations ENGINEERING DEPARTMENT 51. See Exhibit 8 Resolution No. 21420 Page 13 Exhibit B APPLICATION FOR APPROVAL OF A TENTATIVE TRACT MAP AND PLANNED DEVELOPMENT TO CONSTRUCT A MIXED USE PROJECT CONSISTING OF 211 CONDOMINIUM UNITS WITH PARKING LOT, RECREATION CENTER, AND TENNIS COURT, AND A RETAIL BUILDING LOCATED AT 3300 AND 3500 NORTH INDIAN CANYON DRIVE (APN 669-330-038), SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, S.B.M., CASE NO. 5A029, PD 315 , ENG. FILE NO. TTM33561. 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 I. Any Improvements within the public tight-of-way require a City of Palm Springs Encroachment Permit, 2. Coordinate with Sunline Transit Agency regarding required public transit facilities on or adjacent to the development. Any required public transit facilities, including bus stops, turn-outs, bus shelters and furniture, or other miscellaneous public transit improvements • shall be furnished, constructed and installed In conjunction with construction of the associated street improvements_ 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 building permits. INDIAN CANYON DRIVE 4. Dedicate an additional 20 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage(Where required). 5, Dedicate an easement for bikepath and pedestrian purposes for those portions of the meandering 12 feet wide combination sidewalk and bicycle path that leave the public right-of-way. 6, Construct an 8 inch curb and gutter, 38 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 7., . Construct a minimum 24 feet wide driveway approach with a centerline located approximately 260 feet north of the centerline of San Rafael Drive, in accordance with , I City of Palm-Springs Standard Drawing No. 201. Access shall be limited to right-tum ingress and egress only. 8. Construct a 50 feet wide new street intersection for the Main Entry with a centerline of the Main Entry located approximately 660 feet north of the centerline of San Rafael Drive Resolution No. 21420 Page 14 aligned with the centerline of Oasis Road. The Main Entry shall be constructed with 25 feet radius curb returns and spandrels, and an 8 feet wide crass-gutter, in accordance With City of Palm Springs Standard Drawing No. 200 and 206. 9. Left turn egress from the Main Entry shall be prohibited from the Main Entry. 10. The Main Entry gated entry design, including widths of ingress and egress lanes, shall be subject to the review and approval by the City Engineer and Fire Marshall. Minimum • lane widths shall be 20 feet, and a minimum of 50 feet queuing space shall be provided for vehicles entering the development. A turn-around shall be provided for vehicles unable to enter the development. Emergency access shall be provided to the Fire Department to the satisfaction of the Fire Marshall. 11, Construct Type A curb ramps meeting current California State Accessibility standards on each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 212. 12 Construct a 12 feet wide combination sidewalk and bicycle path along the entire frontage. The sidewalk and bicycle path shall be located adjacent to the curb and/or meandering, as approved by the Director.of Planning Services, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 13. Construct a 14-feet wide landscaped median island along the entire frontage. Provide a 100 feet long northbound left turn pocket at Las Vegas Road with a 90 feet long bay taper a 50 feet long northbound left turn pocket at Radio Road with a 90 feet long bay taper, a 25 feet long northbound left turn pocket at Oasis Road/Main Entry with a 90 feet long bay taper.a 25 feet long southbound left turn pocket at Oasis Road(Main Entry with a 120 feet long bay taper, and a 100 feet long southbound left turn pocket at San Rafael 13rive with a 120 feet long bay .taper. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. The median shall be. constructed with a bi- directional median opening at Oasis Road/Main Entry that prohibits eastbound and westbound left turn and through movements. 14. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning Services. The irrigation system shall be separately metered from the parkway landscaping irrigation, for future use by the City upon acceptance of the landscaping by the City. The plans shall be approved in conjunction with the street improvement plans-for the median and prior to issuance of a building permit. 15. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean - sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. 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. Resolution No. 21420 Page 15 SAN RAFAEL DRIVE 16. Construct an 8 inch curb and gutter, 32 feet north of centerline along the entire frontage In accordance with City of Palm Springs Standard Drawing No. 200. 17. Construct a 40 feet wide new street intersection for the secondary Main Entry with a centerline of the secondary Main Entry located approximately 330 feet east of the centerline of Indian Canyon Drive. The Main Entry shall be constructed with 25 feet radius curb returns and spandrels, and an 8 feet wide crass-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. The secondary gated entry design (located off of the shared entrance with the commercial parcel), shall be subject to the review and approval by the City Engineer and Fire Marshall. The secondary gated entry shall have a minimum width of 24 feet, and the gated entry shall be located no further than 20 feet from the shared entrance witli the commercial parcel. Emergency access shalt be provided to the Fire Department to the satisfaction of the Fire Marshall, 19. - Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the secondary Main Entry in accordance with City of Palm Springs ' Standard Drawing No. 212, 20. Construct a 12 feet wide combination sidewalk and bicycle path along the entire frontage. The sidewalk and bicycle path shall be located adjacent to the curb and/or meandering, as approved by the Director of Planning Services, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 21. Construct 'pavement with a minimum pavement section 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24• Inches at 95% relative compaction, or equal, from edge of proposed gutter to dean sawcut edge of pavement-along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" valuos from the projerl site and submitted to the City Engineer for approval. 22. Remove the existing westbound left-turn pocket at Indian Canyon Drive and install a continuous two-way left tum lane between Indian Canyon Drive and the Main Entry, with an appropriate transition to centerline east of the Main Entry. The westbound right-turn lane shall be protected or replaced in conjunction with the required traffic.striping. ON-SITE 23. The area adjacent to condominium units 21-30, 42-52, 93-99, and 101-108 shall be revised to provide 20 feet wide one-way travel ways for access to adjacent condominium units. The 20 feet wide ttavel way(for fire access)may make use of the adjacent wedge curb and sidewalk. Restrictions on installation of above ground utilities, mail boxes, or other permanent structures shall be made, to ensure and maintain the 20 feet w�", 1r 7 Resolution No. 21420 Page 16 access lane. Parking spaces shall be realigned as parallel spaces, with a short, decorative raised barrier defining the dividing line between the two adjacent row of parking spaces. The revised site plan shall be subject to the review and approval by the City Engineer and Fire Marshall. 24. The fire access lane between the recreation building and condominium unit 52 shall be a ' minimum of 20 feet wide, and shall be relocated and/or realigned as necessary to comply with the revised site plan. The fire-access lane shall be constructed of a suitable surface (turf block or other approved material) acceptable to the Fire Marshall, and shall be appropriately signed and marked identifying it as restricted access for emergency purposes only, 25. The proposed parking space between condominium units 30 and 31 shall be reserved as a maneuvering space for the benefit of condominium units 31 and 32, to allow vehicles leaving the garages of condominium units 31 and 32 to maneuver and exit the development. The space shall be shortened, widened and/or relocated as necessary to provide appropriate maneuvering area, to the satisfaction of the City Engineer. 26. The access to condominium units 92-93 and 108-109 shall be revised to eliminate conflicting traffic movements and improve access to each unit, to the satisfactio6-of the City Engineer. 27. Access to carports and driveways to garages shall be oriented as close to perpendicular to the adjacent on-site street as possible, as required by the City Engineer. 28. The driveway to condominium units 65-66 (adjacent to the Indian Canyon Drive Main Entry) shall be realigned to provide a more perpendicular alignment to the adjacent street. 29. The access to the carports to condominium units 27-28 shall be revised to increase the .offset distance to the intersecting on-site streets, or the alignment of the intersecting on- site streets shall be revised to provide better access to the carports. • 30. The access connection between the residential and commercial development between condominium unit 1 and the retail building shalf be a minimum 20 feet wide emergency access lane. The access shall be gated and restricted for emergency access purposes only. Emergency access shall be proyided to the Fire Department to the satisfaction of the Fire Marshall. : 31. All two-way on-site streets shall be a minimum of 24 feet wide (as measured from curb face or edge of travel way). 32: All on-site streets shall be constructed with concrete wedge or roll curbs, or standard curb and guffer, and cross-gutters as necessary to accept and convey, on-site stormwater runoff to the on-site storm drain system, in accordance with applicable City Standards. ' 33. All on-site streets shall be constructed with a minimum pavement section of 2%z inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an attemative pavement C1ID33 Resolution No. 21420 Page 17 section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "Ru values from the project site and submitted to the City Engineer for approval. 34. Parking shall be restricted along both sides of the 24 feet wide on-site streets, as necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type R2$ "No Parking"signs or red curb shall be installed along the private streets as necessary to enforce parting restrictions. The Home Owners Association (HOA)shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's)required for the development. SANITARY SEWER 35. All sanitary facilities shall be connected to the public sewer system. New laterals shall -not be connected at manholes_ 36. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisiehs 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 development. 37. An on-site private sewer system shall be constructed to collect sewage from the development and connect to the existing public sewer system. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains shall conform to City sewer design standards, including construction of 8•inch V.C.P. sewer main and standard sewer manholes. A profile view of the on-site private sewer mains is not necessary provided sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Connection of the on-site private sewer system to the public sewer main shall be made as a standard lateral connection into the existing public sewer mains located in Indian Canyon Drive and/or San Rafael Chive in accordance with City of Palm Springs Standard Drawing No. 405. Plans for sewers. other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. GRADING 38. Submit a Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of 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 shalt 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 shaft be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The Resolution No, 21420 Page 18 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 T•orrealba 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 first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report 39. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance • water from entering the public streets, roadways,or gutters. 40, 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. 41. 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 42. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 43. 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 Fomn 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 41. All stormwater runoff passing through the site shall be accepted and conveyed across Um property in a manner acceptable to the City Engineer. For all storrewater runoff ' falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Report for TTM33561, prepared by MSA Consulting, Inc., revised July 8, 2005 (or as may be amended). Final retention �DO At Resolution No. 21420 Page 19 • basin sizing, storm drain pipe sizing, and catch basin sizing and other specifications for construction of required on-site storm drainage improvements shall be finalized in the Hydrology Report. 45. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. Other methods of intercepting nuisance water may be allowed, as approved by the City Engineer. 46. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 47. The applicant shall construct on-site private storm drain improvements, including but not limited to catch basins, storm drain lines, and underground retention structures, for drainage of the development, as described in a final Hydrology Report for Tentative Tract Map 33561, as approved by the City Engineer. 48. All on-site storm drain systems shall be privately maintained,by a Home Owners Association (HOA). Provisions for maintenance of the on-site storm drain system acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's)required for this development. 49. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is$6,511 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 60. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backrilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches; and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development ' 51. All proposed utility lines shall be installed underground. 152. 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. 01 Resolution No. 21420 Page 20 53. Upon approval of any improvement plan by the City Engineer, the improvement plan , shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format of the digital data to be submitted to the Clty may be authorized, upon prior approval of the City Engineer. 54. 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. 55. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing overhead electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable sehAce, and similar service wires or lines, which are on-site, adjacent to, and/or transecting the property, shall be installed underground unless spedfic restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities within the Southern California Edison easement located parallel to and 250 feet from the westerly property tine, and the : existing overhead utilities adjacent to San Rafael Drive along the southerly property line shall be installed underground. A detailed plan approved by the owner(s)of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. Utility undergrounding shall be completed prior to issuance of a certificate of occupancy. 56. Nothing shall be constructed or planted in the comer cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 57. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP f58_ 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. 59. Relocation or abandonment of record easements across the property shall be performed , In conjunction with or prior to approval of a final map. The easements, identified as an easement to Southern California Edison recorded as Instrument No. 160821 on December 5, 1972; and an easement to Southern California Edison recorded as Instrument No. 53651 on June 8, 1962. shall be extinguished, quit-claimed, relocated o() -1, .Resolution No. 21420 Page 21 abandoned to facilitate development of the subject property, Without evidences of such, proposed structures located within these existing record easements may not be constructed until such lime as the easements are removed.of record. Building permits for structures within these easements shall be withheld until the easements are abandoned, if a final map is approved prior to their abandonment. 60. Upon approval of a Final Map, the Final Map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CGS83,Zone 6 (in U.S.feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on -a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcVew Shapefile, • Arcinfo Coverage or Exchange file (e00), DWG (AutoGAD drawing file), DGN (Microstation drawing file), and DXF(AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 61. The following mitigation measures, as determined by the traffic impact study titled "Palermo Planned Development District and Tentative Tract No. 33561 Ttaffic Impact Study,"prepared by Endo Engineering dated April, 7. 2005,"apply to this development: A. Pay a fair share contribution determined as 11.14% of the cost of geometric modifications and street improvements (asphalt pavement widening, traffic striping and related Improvements) as necessary to widen the west leg of the San Rafael Drive and Indian Canyon Drive intersection, in a manner that improves intersection capacity acceptable to the City Engineer. The applicant shall provide an Engineer's estimate of the improvements to the City Engineer for review and approval, and shall pay the fair share contribution of 11.14% of the approved Engineer's estimate prior to approval of a final map. 6. Pay a fair share contribution of$6,716 determined as 3.81`Yv of the construction of a new traffic signal (estimated at $150,000) at the intersection of Indian Canyon Drive and Tramview Road. The developer shall pay the fair share contribution prior to approval of a final map. C. Pay a fair share contribution of$5,085 determined as 3.39% of the construction of a new traffic signal (estimated at $150,000) at the Intersection of Indian Canyon Drive and Sunrise Parkway. The developer shall pay the fair share contribution prior to.approval of a final map. D. In lieu of payment of a fair share contribution to a traffic signal at the intersection of San Rafael Drive and Avenida Caballeros, which may or may not be warranted by 2025, install traffic striping and signage to provide a separate northbound shared left turn/through lane, and separate right turn lane. Resolution No. 21420 Page 22 62. Submit traffic striping and signage plans for Indian Canyon Drive and San Rafael Drive, prepared by a California registered Civil Engineer, fur review and approval by the CRyEngineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certicate of occupancy. 63. if identified by a name, Install a street name sign at the intersection of Indian Canyon Drive and the Main Entry, and at San Rafael Drive and the secondary Main Entry, in accordance with City of Palm Springs Standard Drawing Nos.620 through 625. Street name signs may be customized, subject to the review and approval by the City Engineer. 64. Install a 30 inch stop sign, stop bar, and 'STOP" legend for traffic exiting the development at each access point onto Indian Canyon Drive and San Rafael Drive, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 65. Install stop controls at on-site street intersections, as may be required by the City Engineer. Stop signs within the development may be customized, provided the sign maintains the minimum MUTCD standards for stop signs, subject to review and approval by the City Engineer. 66. 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. 67. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. ATTACHMENT RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 33561 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL DRIVE, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVCMENT AGREEMENT WITH P.S. VENTURE INDIAN CANYON/SAN RAFAEL, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY 'WHEREAS, the Planning Commission, at its meeting of August 24, 2005, recommended approval of Tentative Tract Map 33561, prepared by Sanborn A/E, Inc., representing P.S. Venture Indian Canyon/San Rafael, L.L.C., a Delaware Limited Liability Company, for the above described property; and WHEREAS, the City Council at its meeting of October 5, 2005, approved Tentative Tract Map 33561 subject to conditions; and WHEREAS, the owner offers for dedication to the City of Palm Springs easements for public utility purposes, with the right of ingress and egress of service and emergency vehicles and personnel as shown on the map; and easements for bike path and : pedestrian purposes as shown on the map; and Lot "A" and "B" for street, public utility and sewer purposes; and dedication ; and abutters rights of access to Indian Canyon Drive and San Rafael Drive, excluding a 100 feet wide and 54 feet wide access point on Indian Canyon Drive and a 64.43 feet wide access point on San Rafael Drive, as shown on the map. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 1. That Final Map 33561 is in substantial conformance with approved Tentative Tract Map 33561; and 2. That requisite conditions associated with Tentative Tract Map 33561 have been satisfied; and 3. That Final Map 33561 is in conformance with the General Plan; and 4. That Final Map 33561 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 33561 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 Resolution No. Page 2 13. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 9. That Final Map 33561 is hereby approved for purposes therein defined. ADOPTED THIS 15th day of March, 2006. David H. Ready, City Manager ATTEST: ,lames 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 March 15, 2006, by the • following vote: AYES: NOES: ABSENT: ABSTAIN: 0 James Thompson, City Clerk City of Palm Springs, California