Loading...
HomeMy WebLinkAbout1/18/2012 - STAFF REPORTS - 2.K. �QPLM SA4 iy c V N 1 R ♦ rOrrou.Ev'', R Cq<IFORN�P City Council Staff Report Date: January 18, 2012 CONSENT CALENDAR Subject: APPROVAL OF TRACT MAP 28308 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY John L. Sanborn, representing Dos Palmas Development, LLC, a California limited liability company, has prepared a tract map for subdivision of property into seven residential lots and a remainder parcel located on the north side of Sunny Dunes Road between Calle Amigos and Sunrise Way, in Section 23, Township 4 South, Range 4 East. Approval of the tract map will allow the map to be recorded, creating legal lots for future development. This is merely a ministerial 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 TRACT MAP 28308 FOR PROPERTY LOCATED ON THE NORTH SIDE OF SUNNY DUNES ROAD BETWEEN CALLE AMIGOS AND SUNRISE WAY, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A RELATED SUBDIVISION IMPROVEMENT AGREEMENT;" and 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: John L. Sanborn, representing Dos Palmas Development, LLC, a California limited liability company, has submitted Tract Map 28308 requesting that the property located on the north side of Sunny Dunes Road between Calle Amigos and Sunrise Way, in Section 23, Township 4 South, Range 4 East, be subdivided into seven residential lots and a remainder parcel on an 3.21 acre site. : -M NO. City Council Staff Report January 18, 2012 - Page 2 Tract Map 28308 At its meeting of November 12, 2008, the Planning Commission recommended approval of Amended Tentative Tract Map 28308, which was subsequently approved by the City Council, subject to conditions, on January 21, 2009. All required improvements have been completed, therefore, no subdivision improvement agreement or bonds are required. It has been determined that required conditions have been satisfied, that Tract Map 28308 is in substantial conformance with the approved Amended Tentative Tract Map, and that Tract Map 28308 is ready for City Council approval. FISCAL IMPACT: None. SUBMITTED: Prepared by: Recommended by: 'qWt,t� Y-7.-�� 9J� Marcus L. Fuller David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved by: Thomas J. Wil n, Asst. City Manager David H. Ready, Ci ger ATTACHMENTS: 1. Map 2. Agreement 3. Resolution - 02 SHEET 1 OF 3 SHEETS IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA RECORDER'S STATEMENT TRAC T NO. 28308 FLED MIS OF 20I1.A, BEING A SUBDI✓ISION OF THE 3 EASTERLY LOTS ALL NUMBERED IN Boa: AT INS LOT 2 AS SHOWN ON MAP OF THE PALM VALLEY COLONY LANDS REGIMTOF ME EEL CLERK Of ME CITY OF PALM SPRINGS '.. AS RECORDED IN MAP BOOK 14 PAGE 652 OF MAPS, RECORDS OF CALIFORNIA_ SAN DIEGO COUNTY IN SECTION 23, T4S, R4E, S.B.M. N^ SAMORN AXE, /NINCAUGUST 2077 LEE '. LARRY W. WARD CCUN)Y RECMDER-AS5E55M-CLERX BF_.DEPUTY OWNER'S STATEMENT TAX COLLECTORS CERTIFICATE 11 MAYaL LUARAN2E Be TOT AMERICAN RUE CD ME HEREBY S)AT MA)NE ARE ME OWNERS OF ME LAND INCLUDED MMIN 1 HEREBY CERTIFY MAT ACCO 1 10)MC ASCENTS 1 TUNS MICE AS ME SU .l.SMOWN HEREON: MAT K ARE ME ONLY PERSONS WHOSE OF MIS CIA M. MERE ARE NO LIENS AGAINST ME PLAUSRTY SNOW ON ME SURVEYORS STATEMENT CONSENT IS NECESSARY RI PASS A CLEAR RILE TO GDO LAND: MA)WE MMIN MAP FAR UNPAID SUM CSLWTY.MUNICIPAL LW LOCAL TAXES OR CONSENT IS ME MAKING ANC MEENSING OV MIS SURELDOM MAP AS SPECIAL ASSESSMENTS COLLECTED AS TAXES,EXCEPT SIXES AN SPECIAL MIS MAP WAS PREPARED BY ME OR UNDER MY DIRECT SUPERABON AND IS BASED SHOWN WHIN ME OISONLDK B0.PoER LINE ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE. .A UTE SE RKY IN CW60RMANC£MM ME RECUREMEHS OE BK SUB .. W/ILH ARE ES.TO ED BE} MAP ACT ANO LOCAL ORDNANCE AI W FEWEST OF COS PALMAS DEKLWAFNI LLC. _ ACALIEORNIA LIMITED LIASIUTY COMPANY IN AUGUST.2OII. p05 PAIMAS DEVELOPMENT LLC, a LAL/FQPNIA UNITED LABILITY COMPANY DA IEO: 2011 I HEREDY STAIE DIAL ALL RK MONUMENTS ARE CY DAYLHTARAL2R AM OCCUPY DIE ION NEN I,COUNTS TAX COLLCCOCR POSIDMS MNCATEO.LET WILL BE N ACCORDANCE RUG E TERMS OF ME MONUMENT AGREEMENT FOR ME MAP: AND I HEREBY STATE MAT SAID NOYUNENTS ARE BY_ NEMYLNT M ENABLE ME SLINKY M BE RETRACED MAT ORS MAP SUBSTANRALLY BY' BY DEPUTY CMEpRMS TO ME CONDITIONALLY APPROKD TTMARK MAP.E ANY. IA.NRVI,MANAFARG uEUBEx TAX BOND CERTIFICATE MR HEREBY CFR RFY MaT a BpIO AV IME SLIM OF f NAS BEEN EATON.AND }N MMF a♦♦o STEO AIM ME BOUND BE SUPERNSMS Of ME COUNTY CF.ARSINE CALIFORNIA g did,.ED UPLIV ME PAYMENT BE ALL TAXES SUM CWNIY,MUNICIPAL OR LOCAL. ♦ + O ALL SPECIAL ASSESSMENTS 1PLIFC q0 AS(AXES WkH AT ME UX OF FlUNG GE S IM6 .OMN L. SANBORN MI5 MAP GRIM ME COUNTY R LIEN T SAID PROPERTY BUT NOT KT O EXP.6%/I2 N S PAYABLE AND SAID BONG GAS BEEN DULY APPROKD BY SAID BOARD CF SUPERNSDRE e TO 6/JO/12 NOTARY ACKNOWLEDGEMENT DATCO:-.11 CASs TAX BouO STATE W LA1IF0.PNIA ) NANCY G.110 DON KENO COUNTY CT RIKRSIOE f CLERK CF E BOURN BE SUPERNSORS COUNTY TAX COLLECICE, ON BEFORE UE INS",PUBUC, BY, Br CITY ENGINEER'S STATEMENT P£RS I,,..APPEARED DEPUTY DEPUTY WO PRDKO TO ME ON ME BASIS CE SARSEAC2RY CADENCE W BE I HEREBY SIX IT BUT I NAK EXAMINED WE MILAN MAP CF DUCT MAP ME PERSUBS)WHOSE NAMES)IS%R£SVBSCRIBEO M M£MRMN NO 2flTOB CM'S'SRNG LM J SGEETS: WAIT MF SCDOWID,SNOW HERELW INSIRWENT AMC ACXNOMEIXS TO ME MAT NE/ MXIXEY EKIE TAN CUD IS SLBSRALLY ME SAME AS IT APPEARED ON ME M MATISSE MAP MT SAME 1N US/M£R/MflR AUGGARI2ED CAPACITY(IES),AND UNIT BY SIGNATURE OMMISSIONS ANY APPROKD ALTRADdIS MERECf: MAT ALL PROASIBIIS BE ME STATE DS/HER/MEIR SIONANRE(S)ON ME INSTRVMENT ME PERSCN(S),OR PUflSUANITMO SECTION 66U6 SVPOMAOR MAP ACT AND AHY LOCAL MdNANCES APPLICABLE AI ME RNE E EMPTY LPOY BEHALF OF WON ME PERSONSS)ALIEN,EXELU IEO (A),AND(C),OE 1M£NBO-GOO ME INS., MAP ACT E SIGNATURES OF ME FOLLOWING OWNERS CF CF APRRO AL OF ME ION MARK MAP GAVE BEEN COMPLAIN WM:AND I AM EASEMENTS AND/OR 0.INTEREST NAVE BEEN.1. SAWPWN FIAT SAID MAP IS 2CHN 111 CORRECT I CERRFY UNDER ME PENAL PY LF PEW AARY UNDER ME LAWS OF ME SLAT DE CALIFDRNIA MAT ME FORE(AINC PARAGRAPH IS IRUE AND CORRECT SEE SHEET 2 IAIEO 2011 WMESS MY HAND AND CFFICUAL SEAL " a W �4♦ BY t a oAAD N 28B31 e NOT, D 2B9JI SIGVADIRE NOTE g C.E 26 JI RFG EXP.J/JI/IS PO SNO AS OE IS CO .V OWFRSGIP F 3/J/I A I MM SNOW AS RECORdN1 A R1E RYE LN'K TENS MAG AIL G. CITY CLERK'S STATEMENT L MARS MOMPSOW, CITY CLERK AND EX-NFIOO ASSESSOR I ME CITY CWNCUL CF ME CITY CV PALM SPRINGS STATE OF CAI..HEREBY STARE MAT SAID CITY CWNCN AT US RELVUR MEERNG NELO ON ME DAY M SOILS REPORT 201L NULY APPROKO ME FINAL MAP NO.2. PURSUANT IS SELOW M490 OF ME SUBpI NSICN MAP ACT,A PRELIMINARY SOWS REP0.RT,PROYCT NO 06210JS WAS PREPARED BY SCURCRI ON SEE NOT LME CITYSI PALM SPRINGS ENaN ER 1 NEPAANTMENT ST 11, IT AID IS ATE EIIS REGULDENTAITLAAR MEYDMAP NL HELD ONLMEA2NI DAY OF NOKABER LROI COUNCIL MATED, B I.ES MUAIPSON CITY CLERK ANO EX BLNGO ASSESSOR MY ME OTY COUNCIL OF ME Cm OF PALM SPRINGS.CAUFORMA WQ 1I-1JD IN THE CITY OF PALM SPRINGS, SHEET 2 OF 3 SHEETS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 28308 BEING A SUBDIV/S/ON OF THE 3 EASTERLY LOTS ALL NUMBERED LOT 2 AS SHOWN ON MAP OF THE PALM VALLEY COLONY LANDS AS RECORDED /N MAP BOOK 14, PAGE 652 OF MAPS, RECORDS OF SAN D/EGO COUNTY /N SECT/ON 23, TAIS, R4E, S.B.M. SANBORN A/E, 1NC. AUGUST 2011 S/GNA LURE OMISSIONS/NOTES PUR£UANT TO SFG BON 6606(c)CF ME SUBOI NSION MAF AL) IHE SILNANRES LF ME fOLLOWN6 INNERS OF EA.T5 MERE WITTO, AH LNIERCSIS CANNOT RIPEN INTO FEE APNO NOLB M AID AV51M/M ryj NEREIN SFA20,ANO RI U WLYO ML BIEREM AS RECPPO£O' MAIIARY 2A WA M 6IX 1509 PALE 21S LYFl L RENROS FOR AGLNI�NO laICN AL oUNPo S "A R�NO IN FAK IF' ».pUBGBP4M ICE CMCTC CWPANaIY PANY ANO CALIFCRNIA I EaERE O AS PURMS N'APJ AVS STA�D, MCNS INCIDENTAL AAC EM AS PNONOEO RCC0.YOE0: UL ST 16. )962 AS INSMUMENI NO ]]SSA OFFlLYAL RECORDS FOR' EIMER OP 60M laE$LINES LONWIS LR UNOERORWNO FApI/RES ANO RICIOLNTAL PURPO$LS LLt OF. LALIFLIRNIA WAIER AND IELEPNCNC CONPANY,A CORPORTAI AR IL SAID IA. N.AII.ET/MJi KOTAYE 1 EAASCUENT f0.4 PURPOSES HEREIN STAIEO,AND MG S INCIDENTAL RIE M AS PNONOED NO INS>AUMENT. FECOROEO: AU ST 16. 1962 AS MSTRUNENT NO 77550 AND 7] 6,CifIOAL RELOADS faV. A.RC S FAAP USS CaiE WU OR Uh➢ERLRWND FACWPES 11 IAA' a SAIOF�NO WA IEN AND TELFPHg CSUPANY A�CFSIA BLANQT rKOTA OA P -ISO IN THE CITY OF PALM SPRINGS SHEET Jar J SWEETS TRA C T NO. 28308 BL A SUBD/Y60N OF TI 3 EASTERLY WM ALL NUMBERED SLRVFYORS A107ES Wr 2 AS SMW ON MAP OF TI PALM VALLEY COWNY LANDS AS RECORDED M MAP BOOK 14, PACE 652 OF MAP$ RECORDS OF O nuslRiaa£ss o/Px ��4/45 SAW D=C COD MSECTION 23 M R4E SBM war.ArEs uowwfWrs Patio AS wow SANWRN A/E Inc. AUGUST 2071 (J M'aLAIES RELaPO 4/I2/B]AS/NSC OA2 PER 14S9 ISJh e OEEORELOPo ND. r46 Dx. Q63639p p0• QQ-(-jjQ O Nau¢s REcaxo DATA Ppl u A.ss-a- PML az Isv U]Q QDD/BD-QO• q WSL N0. 95-rb981 /(lleewurzs REcmo DATa rtR ue.s4/a4-)s LS P Q % LS Q > N CATS WCc P n DATA R.S MIH- OOdO O' gOO , OO d d d d d d 5 IRALr MAP CWrANS 1.61 ACRES as rJ0.99y `a r' N LV°B•.1BT l M91'I x wN TxE a/Gmr as'N BASIS OF BEARAAS5 &OF 9 � „0.3�r�8 I.R 15797- PER GM&IA/91-99 Mf CENJER CF F/NRISF WAY BfI N CL°II'462 AS SHOW M MAP RECYMOED M PMB. 157 AT PAGES ,A rym 97 NW 99 W PARCEL MAP$RECPPJS CF RI4ERAOE CWN ..DALIr A. f] =S g SEE wEE'ISM ExI.usE . 40V-J U U go¢ 8a2J-8 g, LES 2.2J � 8 60ff Q P€i (SOp p � gLor�g oaSA 40f1 D "8 I an L 89'23' m RAMS Lr 1W 24.- 8 8- g _ _��8 usEUExr E No wow aKx I BB°aJW 1SM' JBO/' 14 J4' 1 m•JJ'DB• 1Sm' J9.sr' zS14• 011 60ff fIO B m�8a23 [9D°J2•JS• 2SDD' 39,51 1S24J [N DB°(MITT JS 46� n^ Q �•'1� 4 n m•ar•ns•w s]u• dui 60f7 gv B LOT 3 .$ (N m•m'srw n.47 p §'8 8 60f1 © 1� 6017 Q S "� s N)eva'nT Ar)' Gp Iz _ '® 6 m•al'as•w eSss' og 4Of7 88nn [N 48-O'47T 6 J°m'25- 2DSm' rr.es' Saz' �^`' 60SP 9F7 Bana8 p C� G"(.Q. pQ/Dfl-Dp [0315'18• 215,m' rr.6s' 5.7 aQ 11 68-21-11W HISS' (N 6B•15'IS"W 114561 'Oi f © i x UNM W."U'w Imro• Q 4057 VT8104 s (N a>'Jon-w JoaJ.'1>`" r xor USED y N O 21'05•w JIM.N' �. NOT ' 60YI f[ .1 uS RfuAAVCpi `°N 2 M1 x e9°Ss'14•w 54ar•�h (NO 11'41E BL96') [Nm°ll'4JT & 53'1 Sala) (Nm°1re6'f r]IZm'FSM) ��T\] (`(x mrolBE 1127.7.'>B Q 8 SWIM WAYY QGi 9F7 1A6 RIY m F.0 Wa mMI AG N[PS Yl PM e'M s1�9"]L 99 ©•�l LLaw"an°s."i2:I/16 (�° f7G'7G')C�f7 IIIIOt3 GI.O. QM/DM-DD GA%pC SLA(f BCAIE I'.I00' SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and DOS PALMAS DEVELOPMENT, LLC A CALIFORNIA LIMITED LIABILITY COMPANY 06 TABLE OF CONTENTS 1. Construction Obligations......................................................................................1 1.1 Works of Improvement...............................................................................1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval .............................................................................1 1.3 Intent of Plans............................................................................:...............2 1.4 Survey Monuments ....................................................................................2 1.5 Performance of Work................................................... 2 1.6 Changes in the Work..................................................................................2 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.................................................................................3 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...............................................................................4 2.3 Force Majeure............................................................................................5 2.4 Continuous Work........................................................................................5 2.5 Reversion to Acreage.................................................................................5 2.6 Time of the Essence ..................................................................................5 3. Labor.....................................................................................................................5 3.1 Labor Standards... 6 3.2 Nondiscrimination.......................................................................................6 3.3 Licensed Contractors .................................................................................6 3.4 Workers' Compensation.............................................................................6 4. Security.................................................................................................................6 4.1 Required Security.......................................................................................6 4.2 Form of Security Instruments.....................................................................7 4.3 Subdivider's Liability...................................................................................8 4.4 Letters of Credit..........................................:...............................................8 4.5 Release of Security Instruments ................................................................9 1 07 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 ..........................................................................9 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.......................................................................10 8.3 Attorney's Fees and Costs .......................................................................10 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 .........................................11 11. Corporate Authority.............................................................................................12 2 08 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of , 2011, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and DOS PALMAS DEVELOPMENT, LLC, A California Limited Liability Company(Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 28308 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. 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. C. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic 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 $29,500.00. 1.2 Other Obligations Referenced in Conditions of Tentative Mao 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 09 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 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. 2 10 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access,thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. 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. 3 11 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of 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 4 12 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 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 5 13 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Securi 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter"Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $29,500.00 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 $14. 550.00 equal to 50% of the estimated construction cost referenced in Section 1.1. 6 14 (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $4,500.00 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 $4,425.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty(30) 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. 7 15 (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 Subdividers 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, 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 8 16 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 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 9 17 been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 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 10 18 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. Indemni . 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, attorneys 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 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 terrns 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 19 11. Corporate Authoritv.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) 12 20 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: David Barakian, City Engineer SUBDIVIDER: DOS PALMAS DEVELOPMENT, LLC, A California Limited Liability Company Check one: _Individual _Partnership_Corporation" r Company "Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. By: By: Signature (notarized) Signature (notarized) Name: Paul E. Hrvn Name: Title: Manager Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 13 21 Mailing Address: Paul Hryn Dos Palmas Development, LLC 1278 Glenneyre Street, Suite 133 Laguna Beach, CA 92651 14 22 ALL-PURPOSE ACKNOWLEDGMENT ALL-PURPOSE ACKNOWLEDGMENT STATE OF � ) } SS COUNTY OF On a� ��// , before me, Notary Public, DATE / personally appeared who proved to me on the basis of satisfactory evidence to be the person(§)whose name(i) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h@#Vieir authorized capacity(i®s), and that by his/herfteir signatures(g) on the instrument the person($), or the entity upon behalf of which the person(;) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) WITNE S my and and official seal---, ELLEN E.VOIGHT J Commission# 1821901 Notary Public•California Riverside County Si ure of N Comm.Expires Nov 26.2012+ ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. ` THIS CERTIFICATE Title or Type of Document 4k a, r Ae-{Q�e 4�2 �wvsryu„y MUST BE ATTACHED TO THE DOCUMENT Number of Pages >7 DATE of DOCUMENT df DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 15 23 EXHIBIT "A" TRACT MAP 28308 LEGAL DESCRIPTION Tract Map No. 28308, as recorded in Map Book , Pages through inclusive, records of Riverside County, California. 16 24 EXHIBIT "B" TENTATIVE TRACT MAP 28308 CONDITIONS OF APPROVAL 17 25 RESOLUTION NO. 7181 EXHIBIT,$ CASE TTM 28308 NORTHWEST CORNER SUNNY DUNES ROAD AND SOUTH SUNRISE WAY APN#508-231-005 and 508-240-010 ZONE R-1-C/RMHP, SECTION 23, January 21, 2009 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police,the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative ADM 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. ADM 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 TTM 28308. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the Citys associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicants consent but should it do so, the City shall waive the indemnification herein, except, the 06 26 City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, Walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 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 art or payment of an in -lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being '/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 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. ADM 6. The final development plans shall show seven (7) residential lots and one remainder lot. ADM 7. Perimeter walls shall be designed, installed and maintained in accordance with the comer cutback requirements as required in Section 93.92.001). At the time of development of structures on the individual lots, a six foot decorative block wall shall be required to separate the individual residential lots, commercial lot and the mobile home park, and between the commercial lot and the residential lots. 2 G7 27 ADM 8. This project is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The LDMF shall be paid at or before Certificate of Occupancy or Final Inspection. CC&R's ADM 9. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attomey, 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. ADM 10. At the time of filing of the CC&R's, the applicant shall submit to the City of Palm Springs, a deposit in the amount of $3500, for the review of the CC&R's by the City Attorney. An additional filing fee shall also be paid to the City Planning Department for administrative review purposes. Cultural Resources ADM 11. 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. ADM 12. Given that portions of the project area are within an alluvial formation, the Possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a. Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities Including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors_ Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. 3 1 8 28 b. Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. PLANNING CONDITIONS Final Design -Commercial (remainder) Lot PLN 1. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. PLN 2. 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 pen-nit- If lights are proposed to be mounted on buildings, down-fights shall be utilized. Final Design -Residential Lots PLN 3- Architectural approval is not required for the single family lots. PLN 4. 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- PLN 5. The design, height and texture and color of the buildings, fences and walls shall be submitted for review and approval prior to issuance of building Permits. A six foot decorative block wall shall be constructed along the Properly line with the mobile home park and between the residential units. Walls separating the project site from the mobile home park along the entire north property line shall be constructed at the time of the construction of the subdivision improvements. Individual side property line walls may be constructed with individual buildings. PLN 6. The street address numbering/lettering shall not exceed eight inches in height. 4 C9 29 GENERAL CONDITIONS/CODE REQUIREMENTS PLN 7. Tentative Tract Maps shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. PLN 8. 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 for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. PLN 9. 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. PLN 10. 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. .PLN 11. 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. PLN 12. 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_ ENGINEERING The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer_ STREETS ENG 1. • Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 5 7 10 30 ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits_ SUNNY DUNES ROAD ENG 3. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of palm Springs Standard Drawing No. 210. ENG Q. All broken or off grade street improvements shall be repaired or replaced to the satisfaction of the City Engineer. CALLE AMIGOS ENG 5. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 6. All broken or off grade street improvements shall be repaired or replaced to the satisfaction of the City Engineer. SANITARY SEWER ENG 7. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING ENG 8. Submit a Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that has 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 AQMD at (909) 396-3752, OF at =://www.AQMD.nov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted 6 11 31 to and approved by the Engineering Division prior to approval of the Grading Plan- The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. The first submittal of the Grading Plan shall include the following. information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map or site plan, a copy of current Title Report; and a copy of Soils Report. ENG 9._ Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Aqua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring_ ENG 10. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 11. Perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 12. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 13. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. ENG 14. A Notice of Intent to Comply with Statewide General Construction Stormwater Permit (Water Quality Order 99-08-DWO as modified December 2, 2002) is required for the proposed development via the California Regional Water Quality Control Board (Phone No. 760-346-7491). A copy of the executed 7 '32 letter issuing a Waste Discharge Identification number shall be provided to the City Engineer prior to issuance of a grading permit. ENO 15. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. ENG 16. A Geotechnical/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 Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. ENG 17. The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the Project.All backfill, compaction, and other earthwork shown on the approved grading plan shalt be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. ENO 18. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert(Phone: 760-776-8208). DRAINAGE ENG 19. This project will be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit Issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board(RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, will be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat s Y3 33 stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQC13. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG 20. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No, 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 21. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 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. ENG 22. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of 9 14 A 34 the applicant to coordinate and arrange payment of any required fees for the utility companies. ENG 23. All proposed utility lines shall be installed underground. ENG 24. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific 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 across the property meet the requirement to be installed. underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed_pnor to issuance of a certificate of occupancy. ENG 25. All existing utilities shall be shown on the improvement plans required for the Project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 26. 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 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. ENG 27. 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 final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 28. Nothing shall be constructed or planted in the comer cut-off area of any intersection or driveway which does or will exceed the height required to 10 IS 35 maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02 00, D. ENG 29. 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 in accordance with City of Palm Springs Standard Drawing No. 904. MAP ENG 30_ 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. ENG 31. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number, and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arcinfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutOCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. 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 ENG 32_ A minimum of 48 inches of clearance for handicap accessibility shall be Provided on public sidewalks or pedestrian paths of travel within the development. ENG 33. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. u 36 ENG 34. 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 2006, or subsequent additions in force at the time of construction. ENG 35. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS l2 17 37 ATTACHMENT RESOLUTION 38 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 28308 FOR PROPERTY LOCATED ON THE NORTH SIDE OF SUNNY DUNES ROAD BETWEEN CALLE AMIGOS AND SUNRISE WAY, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A RELATED SUBDIVISION IMPROVEMENT AGREEMENT WHEREAS, the Planning Commission, at its meeting of November 12, 2008, recommended approval of Amended Tentative Tract Map 28308, prepared by John L. Sanborn of Sanborn A/E Inc., representing Dos Palmas Development, LLC, a California limited liability company, for the above described property; and WHEREAS, the City Council at its meeting of January 21, 2009, approved Amended Tentative Tract Map 28308 subject to conditions. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 1. Final Map 28308 is in substantial conformance with approved Amended Tentative Tract Map 28308; and 2. Requisite conditions associated with Amended Tentative Tract Map 28308 have been satisfied; and 3. Final Map 28308 is in conformance with the General Plan; and 4. Final Map 28308 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. 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 6. The City Clerk shall cause to have recorded the Subdivision Improvement Agreement with the Riverside County Recorder; and 7. Final Map 28308 is hereby approved for purposes therein defined. ADOPTED THIS 18th day of January, 2012. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 39 Resolution No. Page 2 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 January 18, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 49