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c14` RN%P City Council Staff Report
CITY COUNCIL FEBRUARY 1, 2006
CONSENT CALENDAR
Subject: APPROVAL OF FINAL MAP 33577 (FOR LEASEHOLD PURPOSES)
AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH ALEJO
CABALLEROS ll, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
FOR A ONE LOT TRACT MAP FOR CONDOMINIUM PURPOSES
LOCATED AT 455 NORTH AVENIDA CABALLEROS, IN SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 4 EAST
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Sanborn A/E, Inc., representing Alejo Caballeros ll, LLC, a California Limited Liability
Company, has prepared a Final Map for subdivision of property into a one lot Tract Map
for leasehold and condominium purposes located at 455 North Avenida Caballeros, in
Section 14, Township 4 South, Range 4 East. Approval of the final map will allow the
map to be recorded, and building permits to be issued for future construction of the 24
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 33577
(FOR LEASEHOLD PURPOSES) FOR PROPERTY LOCATED AT 455 NORTH
AVENIDA CABALLEROS, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4
EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT
WITH ALEJO CABALLEROS II, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY;" and
2) Authorize the City Manager to execute all necessary documents.
Item No. n . K .
I
City Council Staff Report
February 1, 2006 - Page 2
Final Map 33577
STAFF ANALYSIS:
Sanborn A/E, Inc., representing Alejo Caballeros II, LLC, a California Limited Liability
Company, submitted Final Map 33577, requesting that the property located at 455 North
Avenida Caballeros, in Section 14, Township 4 South, Range 4 East, be subdivided into
a one lot Tract Map for leasehold and condominium purposes on a 2.75 gross acre site.
At its meeting of June 8 2005, the Planning Commission recommended approval of
Tentative Tract Map 33577, which was subsequently approved by the City Council,
subject to conditions, on July 20, 2005.
It has been determined that required conditions have been satisfied, that Final Map
33577 is in substantial conformance with the approved Tentative Tract Map, and that
Final Map 33577 is ready for City Council approval.
III FISCAL IMPACT: Finance Director Review:
None. 2
David J. Barakian Thomas J. W)Ison
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, Cit ager
ATTACHMENTS:
1. Map
2. Subdivision Agreement
3. Resolution
U„_",
ATTACHMENT 1
FINAL MAP 33577
SHEET 7 OF 3 SHEETS
IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
RECORDER'S STATEMENT
TRACT MAP NO. 33577 FLED MIS SAY L 20O,AT_ _M
BEING A SUBDIVISION OF BLOCK 107 AND A PORTION OF CALLE CORONADO AND Iry ego-_GF IS AT PALED Ar,-H£
ALLEYS ADJACENT TO AND INCLUDED WITHIN BLOCK 701, ACCORDING TO THE REWMsr o--ME om n£reK a ME on w PALM SPXABE.
SUPPLEMENTAL PLAT FOR SECDON 14. T.4S, RAE, 5B.M, ON FILE WITH BAk CRNA,
THE BUREAU OF LAND MANAGEMENT, DATED ✓UNE 27, 1956 FEE' LAARYW WARD
SANSORN A/E, INC. JUNE 2005 NO .1"DRONER-AEMX5NB OERK
FOR CONDOM/N/UM PURPOSES BY, C
SO.DIM°N GMARANTEE BY. .AMSROX,RRE OR
OWNER'S STATEMENT
IN ACDCLOANCE WNT ME CODE G FEDERAL R£WIATICWS PRE 2-DMONS
BAS UTOMB STATES°F AMERICA,AS OXMER IN FEE UT ME LANDS 111,1REO I
N1 RM PIE clsR,,D c Bw°Efl5 OF MIS MAp,AM,C."K LCEFR£R,LESS,BOBER , SURVEYORS STATEMENT
INO/µ LEASE PA 374 AS APR OLEO BY ME�UNIr£O STAB,DO ARBA,B,
/NWRCdL BUREAU P`INBIAN ATTAINS ON BORNEO 0 2005 ABC REMBOLD AS TAX COLLECTORS CERTIFICATE
MIS MAP WAS PREPARED BY ME W UNDER NY°IRECTON AN°15 BASSO UPON A
EMUMENT NO 2'AS650J0],�nCNINTER C RECORDS!A`P/E COUNTY CF R/LEISOE, FIE'°SURYEYYINNCCNFORMANCE MM ME RE➢I/IREMTWIS CF ME SVBOIYIAO/MAP
ALL HANNG BAROMERED
RW EE PR£LN INTEREST MERE/TO BASSO PNr MET ARE I HEREBY CERPI n Ar ACLppOINB TO MR7 R£CBPB£CF R R DBRO,AS AND LOCAL I ANTE AT R4E REQUEST OF ALEJG CABALLEROS IL L ONLY PAARES ALL
BA CONSENT IE N£r£4ARY r0 TA CE,RELICS
DD ANp w MIS DAM ERE ARC NO LENS AGAINST PIPE PROPERTY S1OXN ON ME N APRIL SOON I BOBBY EAT£Mar MIS LOAL MAP SUBSTANPALY T ALL AO ANY EO ALL SUBLEASES, SFCNN£NTO MUMOR LA D A C PE CF TRUST AN, IMMIN MAP FOR UNPAID ETArE,COUNTY, I AL OR 40CAL TAXES OR COOL'N D'S ME'C'EMONALLY OONOLEO r£MTAPK MAP PLAT ALL
ALL ACTS VEME NT FH Cl/N ALL HE IN µO TO T B THE U ME D ABOP.FNT 5PEGAL ASSESSMENrE COLLECT£°AS AXES EXCEPT TAXES OR SPECIAL MOUNUMTS EHOMN HEREw ACNALLY PAST AID MEIN POARPVS ARE CURBS,
ST IS M IMPROVEMENT M£RECF PEAS[°NSExT N ME NAMING IS DOW,WL AB ESSMENTS CIXLECTEO AS TAXES NOW A LEN BUT NOT LET PAYACLE SHOW.M MILL BE IN ACCUR°ANCE MPI ME TuFME U'ME MOJVMENr ACRf£MENT
W E MAP A.SUBMNSTO!FOR 1£AY PURPOSES ON P/IE IANO AS DO W, RE ESPMARD °BE 1 FOR MIE MAP.AND MAP EAIO MpIVMENIS E T BE SBX UT7 M N MMAOIE R=
Mi W.ME OISPNCRY£BORDER ONES CF MIS Mqp.
MERE IS NO OFFER OF,OR RE°ICANUM HERON, C ANY PART OF SAIO LAND W µAT£O SDO SLRL£Y TO BE RE/PLACED RM SURKY IS MVE AID COMPLETE AS SIOMN
PIASWO USE BY M1 UN M.SATES OF AMERIG EXCEPT SUW POTIONS HEREOF PAUL MCCC MNELL COUNTY TAX COLL£C@R
EICFOME. HMTAF A..CRANDO PURSUANT NO M£AUTD.TT GRWTE01° ,}` Lya'A„ µATEO SOBS
ME SUPERIN BNOENT,PALM SPRINGS AGENCY,BUREAU OF P OIAN 6FFAi O OER BDROD-
OF ME/N 2RIM PURSVµTp TO SECRETARIAL ORDER 25TE20 FR. -SE OR ANY BY O£PUry d „e
OMCR BREEDS
ADD ACTS EBBU,N°MERETO
uxnm N..I AMEMOA ALORE TAX BOND CERTIFICATE /+r+ .pxry L sgrvSwN 1.No 4T4G
0 nI 4
I HEREBY RR RFY MAT A BOND M ME SUM LY 1�NAS ASM EXECUTED AN° , 2 LS QV.6/JO/O6
TREM NRL ME BOARD CF COPETWENDS P ME COUNTY w Rl1£ROBp CALBINMNBA
N ENYO£fl.SUPERINTENOEDF lµ�K<0.'TF[£R-LE iNA CVN°IRWE°UPON ME PAYMENT OF ALL TM£S R. COUNTY MUMCNAL W LOCAL P CACLRO
PALA SPRINCE AGENCY (PRIM]£°NAM£ A.ALL SPEOAC AES£59/£NTS CC4EORD AS TAXES, MHITH AT M£DOE Q'ALNG CF
J MIE NAP MM N,f CWNTY RESCREEN ARE A L£N AGAINST VO PROBOTY BUT NOT YET
BUREAU LF w RE AALRS D BY 2 9 DO rvpup CA Par/.5'E AND SAW SOLD Has BEEN DULY APPRDYLP BY SAID PLUMB OF EUpERMNRB CITY ENGINEER'S STATEMENT
AIDPUR CArvr ro ME AUEBCAR o PROSTD BY (o DM e.2JD BN I D ]rAu♦ LATER_2D0_ CASH TAX BOND
AID E4CRAN£NTO REDE(EGA PCW CRµfR NO 1(43 FR ]DING BA IFO A/LY 1J, L'�2f. NANCY RWJTO PANG MCOENNELL I HEREBY SAT£MAT I HAYS EXAMINE°ME IM PD1 MA➢CY TRACT MAP
LOR11 C(£RK w ME BOARD Cl NPERNSwS .1 TAX CUTLET. NO .1 CIW4ERN°CF J ORE. MAT M£LVRIIAOAN SHOWN H£RECV
ALSO CABALLEROS 11 LLC USST UNDER POOL,LOUD LEASE PSL-Jrs IS NBSTANPALLY ME SAME AS IT APPEARED ON ME TENAPA£MAP ABU
APPROLED BY ME UN/IN STATES p£PARMENT CF MTGIOR,BUR£.YI Cr W,- By_ WBO 110 MAP AR AND ANY LwOCA.O LT I I£$APPLGBLE A RI PI£DYE
All LT IORAN AFFAIRS ON AUWSr JL 2005. USTUTY OElO,
CF APPROYAL CF ME RLUBTBYE MAP HA 1£SEEN CWPL/£0 MM AND I AM
SIGNATURE OMMISSIONS BA RSRED MAT EMB MAp Is 1ECNN/@LY LVRfl£CC
BY DENNIS L FREEMAN,MANAL/NC MEMBER PURSUANT TO ROBBUT 66A]6(A),AID(1), 1 ME. SO
MAP ACT. ME SICNANRES CF ME FCXGMINC OWNERS CF IA. 21
GEEMENTS ANBXOT OMER INTEREST DAYS SEEN W/TTFD.
BENEFICIARY STATEMENT BLAT L"M�`A,, P, s BaRAKiAN
AµYw NA PWIAC BANA,NA q NAPwAL BANgNG ASSCOA POW,AS RBS IS .1
CE REG£A➢.J/JN I >
BENEAOARY UNDER PEED OF MUST RECw0E0 '•
AS INSIRUNLNr x0 C'FT/A, L OF IOURN pE COUNTY,CA qyi
UKRN/A M
SOILS REPORT nNt6 `
6Y Y PURSUANT r°SECRCNE 6649B CF PIE SLBBI NEICW MAP ACT,A
XBEOMWRY OYLV MBDBT NO DO1+ 01 WAE PREPARED BY EARR1 CITY CLERK'S STATEMENT
SYSTEMS SOUMWEST BV J/2E/05 AND IS FlLEP IN ME ENCUYF R/NG
OEPARMMNT AS REWIRE°BY REALM AND SAFETY CORE A CAITCRNIA, JAMES MOMPOOL OTY CLERK AND EX-CYM O ASSESSOR OF ME CITY
SEC PCN I)953. 'CO.OF ME CTI C`PALM SPRIBS.STATE OX CALFORNIA,HEREBY SATE
NOTARY ACKNOWLEDGEMENT,' PLAT END CITY 2CODxCkAvIAS ASEiEAR UEENTS Mvxo JM�EEn 0-Y OF
SEE SHEET 2 DF J
ME A ILD R£CUGR MEBUELLAP RO HEYD MOVBTNAP ME 20M,DAYPOF DL e20°EE LIrY OWN[/L
PA.
BY
JAMES BLOM'.. CDY CLERK AND CX-CFF/OO A.I/E OU R CITY COUNCIL OF ME CITY OF PALM SPRINGS,CALIFCR/RA
WO E4-2B5
IN THE CITY OF PALM SPRINGS, SHEET 2 OF 3 SHEETS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT MAP NO. 33577
BEING A SUBDIVISION OF BLOCK 101 AND A PORTION OF CALLS CORONADO AND
ALLEYS ADJACENT TO AND INCLUDED IWTHIN BLOCK 101, ACCORDING TO THE
SUPPLEMENTAL PLAT FOR SECTION 14, T.4S., R.4E„ S WI B.M, ON FILE TH
THE BUREAU OF LAND MANAGEMENT, DATED ✓UNE 27,, 1956
SANBORN A/E, INC. JUNE 2005
FOR CONDOM/NIUM PURPOSES
NOTARY ACKNOWLEDGEMENT NOTARY ACKNOWLEDGEMENT
sTA/£S CAUTAPN/A ) S sTAE OF GLAFPiNIA J
mE',LY"BN.DE J S CWN]Y OF RIVERSIDE J A
LW BEFpP£N£ CN BEFORE ME
OTMY PUBLIC IN ANO ELR SAIO STAM PERSLM'ALLY APPEARED q NOTARY pU6UC IN ANO fM SAID siA]E pfRSIXU[LY APPEMEO
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M.1 PUBLIC/N All FM SAID STATE NOTARY ISSIE IN A.MII SAID STATE
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MO19Y PUBLC W AM FCR SAID STATE NOTARY PUBLIC IN AM FOR SAID S%W
(PRINT VAME) (PRINT NAME)
W0. DM-IS,
IN THE CITY OF PAkAI SPFnYOS COS OF.�N�'RSL7E, STATE OF L'AL(l—YJRMA SHEET 0OF 3 SHEE]5
TRACT lVO. 33577
BE G A SUBDI 10N 0£BLOCK I01 AND A PORTTON OF CALTE CO=.N AND ALLEYS ADJACENT
TO AND INCLUDED MITNA'BIl1CK IOI. ACCORDRLG f0 TIA'SUPPL616M1TAL PLOT EIJR SLffA I4,
TNB RtE, S.RY ON FDP IRTD T g BUREAV OF L D YANAGRNf .. DATED J Y 2Z I956
SANBORN A7E Inc. FOR COND020VVM PURPOSES APRIL 2004
MCWI/YpT eE(L PER R.5]9/IJ,Me. ALEJO ROAD - IP TA4CEp LS]%] /
110/�L-15 ANc M e ] H-e Yi ((N 90•M'gJ" >e].10' / I LS TC!ACYEA]£D/AS NIER(1NE IJ M F./NM/L, P. V
MIRYLIILN p'AfE-0.Po[G/(£.ILY.WA/p. A O MB.39J5%9GN-@9 90/91-9J,M9, Is]/51-SS
�S (mSA ))
O 308 W
TRACT NO. 31256 �mmr m
SCRVEYCR'SNOTES
• INU6AIES Ma UMENT9 f ND As-0- BLOCK99 BLOCK 100
() "&CA.RELYpO DATA PER Y9 3M5/M-e9 V y
[] INgCAI£9 RE[1]pD DAT PER MD.90/92-9] Q1E �
G> I OAT£5 R£LCRD DATA PER R.S]9/1] 'N TAL 51 d
((J) IHgLA1F5 R.D DATA ALCCMYN6 TO ME SLPPLEMENTAL FLUSN pfR R 4 J9//]
PUT FCR S,V.11. R1...,SB.M qI qIE MRl IHE fD 1 I "/p T ct£p L9 511e£LUSH
BUREAU q LAND MANAKME T.OAI JJNE 27.1955 AS SW/I]ANO MD}jd}e9 A 0 (N d9•52'IS'W 103 A5'J
"[Y NER IF CDi/HR M& 69 N e9•STI1'W 1NA
THIS 1RACT NAP QWTAMS 266 ALRES �� Y
MRIIN]}/E g5PNC114E DWDFR. J]' r N e9•52'I3M' 3ST{]' (.5662'J •b
I 50.00'
�N e9•sY IJ"W Js2e!) , g�$g
N e94T JI"w SSLAY a
BASS OF BEARWR
]NE RT'I .II R"AY XA C•BALLERD9 Be'INC •- �_
N QTDI's>£Al S40NN W MM RECMiDEU IN
M&]15,AT PALES ee AND e➢Lk'MAPS RECORDS 8'g
G'RM1fR51Ll"C.N,,CALFP IA. 2 8
BLOCK 101
BLOCK 102 LOT 1
3 -
8 3 8
z e
8 Ca8
_ FD.1'IP TA LL^Z Rl£e6J0 0$
Z I-I I/p9 TALY2-D RC£e6J0 M1USN ,F�LLULSyy 1PFE�R YS5BI�9EO/02-D3 i
PCCKN£R K(OT 2/ND 90/91�93 w \ Ne9•51'IJ"W ]52>9' Cf RACT�O gJSNER ��0
El ate [N e9•4Y CJ'W 352eJ'jr
I.-A/
/N A9.52/-W 4oz79'K ADar))
BLOCK 903 TRACT NO. 935/
m'na
-1 M.B. 90/92-93 - °
C 9T.If� BLOCK 104 �op
_ ¢AMADO ROAD
SCALE 1 i5
L`�
i
ATTACHMENT 2
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
ALEJO CABALLEROS II, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
TABLE OF CONTENTS
1. Construction Obligations......................................................................................1
1.1 Works of Improvement............................................................................... 1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval .............................................................................2
1.3 Intent of Plans ............................................................................................2
1.4 Survey Monuments ....................................................................................2
1.5 Performance of Work .................................................................................2
1.6 Changes in the Work..................................................................................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 .................................................................................4
1.13 Suspension of Work...................................................................................4
1.14 Final Acceptance of Works of Improvement...............................................4
2. Time for Performance ...........................................................................................4
2.1 Commencement and Completion Dates ....................................................4
2.2 Phasing Requirements...............................................................................5
2.3 Force Majeure............................................................................................5
2.4 Continuous Work........................................................................................5
2.5 Reversion to Acreage.................................................................................5
2.6 Time of the Essence ...:......................................... ............................ ...6
3. Labor.....................................................................................................................6
3.1 Labor Standards..........................................................................................6
3.2 Nondiscrimination....................................... ................ ......................6
3.3 Licensed Contractors .................................................................................6
3.4 Workers' Compensation .............................................................................6
4. Security.................................................................................................................6
4.1 Required Security.......................................................................................6
4.2 Form of Security Instruments .....................................................................7
4.3 Subdivider's Liability...................................................................................8
4.4 Letters of Credit..........................................................................................8
4.5 Release of Security Instruments ................................................................9
1
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
13. Acceptance of Offers of Dedication..................................................................... 10
7. Warranty of Work................................................................................................ 10
8. Default ................................................................................................................10
8.1 Remedies Not Exclusive .......................................................................... 10
8.2 City Right to Perform Work....................................................................... 10
8.3 Attorney's Fees and Costs ....................................................................... 11
,I. 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
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this day of , 2005, by and between the
CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"),
and ALEJO CABALLEROS II, 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. 33577, 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 Lot "A" for public utility purposes with right of ingress and
egress for emergency vehicles and personnel. 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.
I
1. Construction Obligations.
I
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
1
I
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 $538,600.00.
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
Lie 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 SurveV 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
2
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
i.ity 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
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work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer, shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) 'final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance,shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
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
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
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i 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,
i completion of specific Works of Improvements,or other requirements associated with
the development of the Property have not been completed to his satisfaction.
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2.3 Force Maleure. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
i 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.
25 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
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agrees that any improvements made .by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance
of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider,agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the,, Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to,su,ch contractor or subcontractor entering
onto the job site.
4. Security.
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$538,600.00 equal to 100% of the estimated construction cost referenced in Section
1.1.
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(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 $269,300.00 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 $1,500.00 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 $80,790.00 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
bunk 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.
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(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)
clays 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
I 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
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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
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
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Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one (1) year period due to any reason other than improper maintenance, or if
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fail to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
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
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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
flees 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
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
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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.
1 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)
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IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
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By
James Thompson, City Clerk David H. Ready, City Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
' RECOMMENDED BY:
David Barakian, City Engineer
SUBDIVIDER:
ALEJO CABALLEROS II, LLC, a California Limited Liability Company
Check one: _Individual _Partnership _Corporation*rCompany
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
' By: ,� ;t By:
Signature (notarized) Signature (notarized)
Name: Dennis L. Freeman Name:
' Title: Managing Member Tit e:
(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)
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Mailing Address:
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Alejo Caballeros II, LLC
72880 Fred Waring Drive, Suite C-13
Palm Desert, CA 92260
(760) 773-9024
(760) 773-9065 (fax)
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ALL-PURPOSE ACKNOWLEDGMENT
State Of CAPACITY CLAIMED BY
County of 01S L SIGNER
On _ lQ t7 �� before me, cL
D t Name, Title of Officer ❑ INDIVIDUAL(S)
personally appeared - �S �- •� ❑CORPORATE
NAME(S) OF SIGNER(S) OFFICER(S)
�—personally known to me - OR— TITLE(S)
9-proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S)
person.5K whose name,K Oare subscribed to the within oATTORNEY-IN-FACT
instrument and acknowledged to me that T�she/they executed oTRUSTEE(S)
�th� same in &her/their authorized capacity4iesj', and that by ❑SUBSCRIBING WITNESS
i her/their signature;Won the instrument the personKor the oGUARDIAN/CONSERVATOR
entity upon behalf of which the person acted, executed the ❑OTHER
instrument.
Witn s my hand and official se I.
BARBARASNIIDT
commissbn#1462160 SIGNER IS REPRESENTING:
Signat re of Notary ` NO}R1W,s���
MVComm.Expk*$Jnn 12,
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE" DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
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EXHIBIT "A"
TRACT MAP 33577 LEGAL DESCRIPTION
Tract Map No. 33577, as recorded in Map Book Pages through inclusive, records
of Riverside County, California.
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EXHIBIT "B"
TENTATIVE TRACT MAP 33577 CONDITIONS OF APPROVAL
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Resolution No. 21368
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL
TTM33577—TENTATIVE TRACT MAP
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ALEJO CABALLEROS II, LLC
AVENIDA CABALLEROS
JULY 20, 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
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City
Codes, ordinances and resolutions which supplement the zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void or
annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Case TTM33577 — Tentative Tract
Map and Case 3.2697— Architectural Approval. The City of Palm Springs will
promptly notify the applicant of any such claim, action, or proceeding against the
City of Palm Springs and the applicant will either undertake defense of the matter
and pay the City's associated legal costs or will advance funds to pay for defense of
the matter by the City Attorney. If the City of Palm Springs fails to promptly notify
the applicant of any such claim, action or proceeding or fails to cooperate fully in the
defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or
hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City
retains the right to settle or abandon the matter without the applicant's consent but
I should it do so, the City shall waive the indemnification herein, except, the City's
decision to settle or abandon a matter following an adverse judgment or failure to
appeal, shall not cause a waiver of the indemnification rights herein.
3. That the property owner(s) and successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, bikeways,
parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences
between the curb and property line, including sidewalk or bikeway easement areas
that extend onto private property, in a first class condition, free from waste and
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Resolution No. 21368
Page 5
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
i 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 art or payment of an in
lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building
' permit valuation as calculated pursuant to the valuation table in the Uniform Building
Code, the fee being 112% for commercial projects or 114% 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 shall be recorded against each parcel, permitting
incorporation of the parcel in the district.
7. As the property is Indian trust land, fees as required by the Agua Caliente Band of
Cahuiila Indians Tribal Council shall be paid prior to consideration of this project by
the Planning Commission.
CC&R's
8. 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
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
Resolution No. 21368
Page 6
I
not be amended without City approval, shall require maintenance of all property in a
good condition and in accordance with all ordinances.
9. 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
10.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.
11.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 Cahuilla Indian Cultural Office for '
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning Services and after the consultation
the Director shall have the authority to halt destructive construction and
shall notify a Qualified Archaeologist to investigate and, if necessary, the
Qualified Archaeologist shalt prepare a treatment plan for submission to
the State Historic Preservation Officer and Ague Caliente Cultural
Resource Coordinator for approval,
b) Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Fngineering Department and one copy to the City
Planning and Zoning Department prior to final 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 facilities districts must be
approved by the Public Works Director and the Director of Parks and Recreation.
Resolution No. 21368
Page 7
13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning & 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 buildings, dawn-lights shall be utilized.
No lighting of the hillside is permitted.
l 14. All design criteria in the Section 14 Specific Plan shall be complied with prior to
issuance of Certificate of Occupancy.
r 15. Directional arrows within the decorative pavement shall be incorporated to
' identify one-way traffic and the one-way direction for vehicle traffic shall be
included in the CC&R language, subject to the approval of the Director of
Planning Services,
16. There shall be no guest parking in driveways of less than 20 feet in length and
shall be included in the CC&R's, subject to the approval of the Director of
Planning Services.
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 an 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 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.
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 speck 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.
Resolution No. 21368
Page 8
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. No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
28. Perimeter wails shall be designed, installed and maintained in compliance with
the comer cutback requirements as required in Section 9302.00.D.
29. The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits,
30. The street address numbering/lettering 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.
Resolution No, 21368
Page 9
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 17 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 shall 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.
41. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area
shall have curbs placed at a minimum of two (2) feet from the face of walls,
fences or buildings adjoining driveways.
42. Parking lot light fixtures shall align with stall striping and shall be located two to
three feet 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"
Ibarrier 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)feet wide.
47. Tree wells shall be provided within the parking lot and shall have a planting area
of six feet in diameter/width.
-J
Resolution No. 21368
Page 10
POLICE DEPARTMENT
48. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs '
Municipal Code.
BUILDING DEPARTMENT
49. Prior to any construction on-site, all appropriate permits must be secured.
i
FIRE DEPARTMENT
50. Shall comply with all Fire Department codes and regulations.
ENGINEERING DEPARTMENT
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
51. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
52. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
53. When public dedications of easements or rights-of-way over Tribal Allottee or
Tribal Trust land are required, the applicant shall be responsible for compliance
with all Bureau of Indian Affairs (B.I.A.) requirements, including obtaining
appraisals and payment of just compensation to the underlying owner. It is the
applicant's responsibility to determine what additional costs or other
requirements may be necessary to obtain any required public dedications as
identified by the City for this development. Required public dedications for
easements or rights-of-way are perpetual and have no term or duration;
dedications of easements or rights-of-way restricted to a duration or term, or
made in connection with an underlying Indian Lease, shall not be accepted.
NORTH AVENIDA CABALLEROS
I
54, Construct a 6 inch curb and gutter, 42 feet west of centerline along the entire '
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
(' lt')
Resolution No. 21368
Page 11
55. Construct a 46 feet wide driveway approach (Main Entry) in accordance with City
of Palm Springs Standard Drawing No. 205. The centerline of the driveway
approach shall be located approximately '162 feet south of the north property line
as shown on the approved site plan. The gated entry design, including widths of
ingress and egress lanes, shall be subject to the review and approval by the Fire
Marshall, Emergency access shall be provided to the Fire Department.
56. Construct an 8 feet wide sidewalk along the entire frontage. The construction
shall be adjacent to the curb with colored Portland Cement concrete. The
admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by
the Engineering Division.
57. Construct a Type C curb ramp meeting current California State Accessibility
I standards on each side of the Main Entry in accordance with City of Palm
Springs Standard Drawing No. 213
I
58. Construct 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. If an alternative pavement section is
I proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using "R" values from the project site and
I submitted to the City Engineer for approval.
I ON-SITE PRIVATE STREET
59. DELETED PER PLANNING COMMISSION (08JUN05): The—preaosed--era life
of a�a� d R fv`t ii�o +r•+....I
P vas s m g-of a-en ay =rare,-;:a"s
Thin '+ n,+ + + II + f
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I wa,��.�io, s-for-draiaage-of-t;e-a^,-sites-pr-ivate--stf^,��'.:d:^y c..~hs cna
guttei;s hall hn Provided to th.�
gcr.=vr�:n-. a....-on7-ccrrg., oEr-
60, Construct a minimum pavement section of 2'/2 inches of asphalt concrete
1pavement over 4 inches crushed miscellaneous base with a minimum subgrade
of 24 inches at 95% relative compaction, or equal. If an alternative pavement
section is proposed, the proposed pavement section shall be designed by a
California registered Geolechnical Engineer using "R" values from the project site
and submitted to the City Engineer for approval.
61. The on-site private street shall have a decorative entry, similar to the decorative
entry constructed as part of the adjacent development, Tract Map 31256, subject
to the review and approval by the Director of Planning Services.
' 62. Parking shall be prohibited along the private street except for designated parking
areas.
I
Resolution No. 21368
Page 12
SANITARY SEWER '
63. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
64. Sewer plans for the on-site private sewer system shall be submitted to the
Engineering Division for review and approval. Private on-site sewer mains shall
conform to City sewer design standards. A profile view of the on-site private
sewer mains are 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 connected as
a lateral and not to an existing manhole or with a new manhole. 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.
65. All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions
and Restrictions (CC&R's) required for this project.
GRADING
I '
66. Submit a Precise Grading Plan prepared by a California registered Civil Engineer
I or qualified Architect to the Engineering Division for review and approval. The
Precise Grading Plan shall be approved by the City Engineer prior to issuance of
grading permit.
j A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading
I contractor and submitted to the Engineering Division for review and approval.
The applicant and/or its grading contractor shall be required to comply with
Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required
to utilize one or more "Coachella Valley Best Available Control Measures" as
identified in the Coachella Valley Fugitive Dust Control Handbook for each
fugitive dust source such that the applicable performance standards are met.
The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by
staff that has completed the South Coast Air Quality Management District
(AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and valid
Certificate(s) of Completion from AQMD for staff that have completed the
required training. For information on attending a Fugitive Dust Control Class and
information on the Coachella Valley Fugitive Dust Control Handbook and related
"PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909)
396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in
conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be
submitted to and approved by the Engineering Division prior to approval of the
Grading plan.
Resolution No. 21368
Page 13
' 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.
67. Drainage swales shall be provided adjacent to all curbs to keep nuisance water
from entering the adjacent streets.
68, 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.
69. 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.
70. A soils report prepared by a California registered Ge0teChnical 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.
71. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The
California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
72. The developer may conduct stormwater runoff off-site to Avenida Caballoros,
provided the increased stormwater runoff due to the development is conveyed
directly to the existing storm drain system. Provisions for the interception of
nuisance water from entering Avenida Caballeros 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 adjacent to Avenida Caballeros,
and in only a stormwater runoff condition, pass runoff directly to the street
through parkway or under sidewalk drains. In the absence of improvements to
directly convey stormwater runoff into the storm drain system, on-site retention of
the increased stormwater runoff due to the development shall be required,
subject to the review and approval of the City Engineer.
Resolution No, 21368
Page 14
73. MODIFIED PER PLANNING COMMISSION (08JUN05):Construction of a new
catch basin inlet and storm drain connector pipe to the Tachevah Dam Cutlet
Drain shall require review and approval by Riverside County Flood Control and
Water Conservation District (RCFC). The applicant shall provide a copy of the
encroachment permit issued from RCFC for the catch basin and storm drain
connector pipe prior to issuance of a gFadiRg--permit an off-site street
construction permit for Avenida Caballeros.
74. 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
75. 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.
76. All proposed utility lines shall be installed underground.
77. 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.
78. 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.
79. Contact Whitewater Mutual Water Company to determine impacts to any existing
water lines and other facilities that may be located within the property. Make
appropriate arrangements to protect in place or relocate any existing Whitewater
Mutual Water Company facilities that are impacted by the development. A letter
of approval for relocated or adjusted facilities from Whitewater Mutual Water
Company shall be submitted to the Engineering Division prior to issuance of a
grading permit.
80. Nothing shall be constructed or planted in the corner cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code Section 93.02.00, D.
81. 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.
Resolution No. 21368
Page 15
MAP
82, 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.
TRAFFIC
83. A minimum of 48 inches of clearance shall be provided on public sidewalks for
handicap accessibility. Minimum clearance on public sidewalks shall be provided
by either an additional dedication of a sidewalk easement (if necessary) and
widening of the sidewalk; or by the relocation of any obstructions within the public
sidewalk along the Avenida Caballeros frontage of the subject property.
84. All damaged, destroyed, or modified pavement legends and striping associated
with the proposed development shall be replaced as required by the City
Engineer prior to issuance of a Certificate of Occupancy.
85. Install a street name sign at the intersection of the on-site private street and
Avenida Caballeros in accordance with City of Palm Springs Standard Drawing
Nos. 620 through 625, Subject to the final site design, addressing, and discretion
of staff with consultation with the Police Department.
86. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the intersection of the on-site private street and Avenida
Caballeros in accordance with City of Palm Springs Standard Drawing Nos. 620-
625, Subject to the final site design, addressing, and discretion of staff with
consultation with the Police Department.
87. 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.
88. 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
33577 (FOR LEASEHOLD PURPOSES) FOR PROPERTY
LOCATED AT 455 NORTH AVENIDA CABALLEROS, IN
SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND
APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH ALEJO CABALLEROS II, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY
WHEREAS, the Planning Commission, at its meeting of June 8, 2005, recommended
approval of Tentative Tract Map 33577, prepared by Sanborn A/E, Inc., representing
Alejo Caballeros II, LLC, a California Limited Liability Company, for the above described
property; and
WHEREAS, the City Council at its meeting of July 20, 2005, approved Tentative Tract
Map 33577 subject to conditions.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
1. That Final Map 33577 is in substantial conformance with approved Tentative
Tract Map 33577; and
2. That requisite conditions associated with Tentative Tract Map 33577 have been
satisfied; and
3. That Final Map 33577 is in conformance with the General Plan; and
4. That Final Map 33577 conforms to all requirements of the Subdivision Map Act of
the State of California; and
5. 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
6. That the City Clerk shall cause to have recorded with the Riverside County
Recorder the Subdivision Improvement Agreement; and
7. That Final Map 33577 is hereby approved for purposes therein defined.
I
Resolution No.
Page 2
ADOPTED THIS 1st day of February, 2006.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on February 1 , 2006, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California