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2006-01-18 STAFF REPORTS 2F
pALMSA� �2 c V N t + M �Cp i IYpEATEO\E, �A`'F°"N�P City Council Staff Report CITY COUNCIL JANUARY 18, 2006 CONSENT CALENDAR Subject: APPROVAL OF PARCEL MAP 30581 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS STROKE ACTIVITY CENTER FOUNDATION, A CALIFORNIA NON-PROFIT CORPORATION, FOR 2 PARCELS LOCATED AT THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, IN SECTION 12, 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 the Palm Springs Stroke Activity Center Foundation, a California non-profit corporation, has prepared a Parcel Map for subdivision of property into 2 parcels located at the northeast corner of Alejo Road and Commercial Road, in Section 12, Township 4 South, Range 4 East. 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 PARCEL MAP 30581 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, IN SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS STROKE ACTIVITY CENTER FOUNDATION, A CALIFORNIA NON-PROFIT CORPORATION;" and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Sanborn A/E, Inc., representing the Palm Springs Stroke Activity Center Foundation, a California non-profit corporation, submitted Parcel Map 30581, requesting that the property located at the northeast corner of Alejo Road and Commercial Road, in Section Item No. 2 . F. City Council Staff Report January 18, 2006 - Page 2 Parcel Map 30581 12, Township 4 South, Range 4 East, be subdivided into 2 commercial parcels on a 4.74 gross acre site. At its meeting of July 24, 2002, the Planning Commission recommended approval of Tentative Parcel Map 30581, which was subsequently approved by the City Council, subject to conditions, on September 18, 2002. This Parcel Map is a subdivision of the existing commercial parcel on which the Stroke Activity Center is located on Alejo Road. The existing parcel has been subdivided to create a new commercial parcel behind the Stroke Activity Center, with frontage on Commercial Road. It has been determined that required conditions have been satisfied, that Parcel Map 30581 is in substantial conformance with the approved Tentative Parcel Map, and that Parcel map 30581 is ready for City Council approval. �f FISCAL IMPACT: Finance Director Review: None. David J. Barakian Thomas J. Wilson Director of Public Works/City Engineer Assistant City aanager David H. Ready, City Ma=e"r ATTACHMENTS: 1. Map 2. Subdivision Agreement 3. Resolution i i i i ATTACHMENT 1 PARCEL MAP 30581 IN THE CITY OF PIS SPR➢PGS, SHEET 1 OF 3 SHEETS COUNTY OF RIVERSIDE, STATE OF CALMURNIA OWNER'S STATEMENT PARCEL MAP NO. 30581 ME NERDY SARA RI ME ARE M£oMN£Rs GF ME urvD ING.vDED RECORDER'S STATEMENT WMw ME ENBGWSIW ENDMN HER£W MAT ME ARE ME CHIT v£resons BEING A PORTION OF THE S I/2 OF THE SE 114 OF xnosE c EBOG is N£cEssaar ro PAEs A EAR RP£TO SAID LAND, SECTION 12, T4S, R4E S.B.M. nlm Mrs_DAY of 2GVG,AT_M A R GD- cWECN!GI R¢M F AND REL NCH BF MIS L-"YEEG DP PALEST MAPS AT PACES AT ME NAP As woxG WMIN MC D/snxcnvE ewDEa LAN£ SANBORN E G BocX APRQi POD$ FEWEST CY ME CITY CLERK OF ME GM1 LF pAVA SPFiINL$ PALM SPRINGS MIW£ NTY FWNOARON. GUGORN/A A GLIFMNIA NWT-PROFITIII CgtPGRAHORARgJ RRY W NAHN 'D U NO ASE£SSCR,CWNry REGMOER,GERX TAX COLLECTOR'S ACCORDING TO MEI CATS bA SAN[£Y HAG(-pRE9D£NT 6y LEONAflO BOCK-$ECa£ARY /MERELY CE.2nM MIT I IS S/NL TO nl£1 RTC IE I nI15 SMILND. A5 BY. OF PAS AP MORE ARE NO LIENS NI,M}n/E III III£HOMN ON ME SUBB/N9CW CLARAN]FE BY CHICAPo RRE CWpANY TRUSTEE STATEMENT W MIN MAP Fax UNPAO BATE.N AS T MI/ DACES GR TIMES O TAXES aF SSEES L AS£ESJILECT LE AS rEO AS AAES,EXLFPT AXES OR SP£GK FIRST AMERIGN nn£S INDS COMPANY q M 1111 L S 11IM AL A�S ARE EMEN rS RAN ECIED AS TARE£NOW A LIEN HUT NMI t£r RD BLS IROSISI B '- VNDEFA GEED LA`IRUS!RELLRLED AlMAY F ic^RA£/N UMENr EXG UOES AllEWIPLdENAI .1 ASSESSMENTS.1 YET EYERN0E0 SURVEYOR'S STATEMENT NO W]B£,CfFIGAL RECGPOS P'R/1£R90E CWNtY VFgpN/A. MIS MAP WAS PREPARED BY ME ER UNDER MY OIRECRON AND IS BASED Ow RD 2C06 jP SUBO/NS DN MAP ACT AND LOEAL ORON NCLE AT ME REWESTSCF PALM PAME VE 4�O.1. .1TAX LOLLED RAP SPRINGS LMDHI ACRNTY CENTER FWNOAROV,ON.11 2005 /H£R£BY EY dY AIf MAY ALL WEVNIENTS ARE OF ME CHARACTER AND OCLLPY ME P09nINI51NDIGARN OR THAT THEY M4 BE EST/N EIIGI POSRCNS IN ACCCROµCE MM R/E I£RMS 6 ME HONVNEN!wGREEM£N F,ANO MAT BY OEPVIY SAID NCNVMENIS ARE SVfApWT 70 SMARTS ME SUR4EY TM BE RBIRAM /HEREBY SATE MAT]MS PARCEL MAP SURETANnALLY CpYFPPNS TO ME NOTARY ACKNOWLEDGEMENT A RBA"OR LPNCRpIKLY APPROKO I£NTARI£AWp / SAR rc GMEBER E J s Mo Levxm of alVExsO£ ) TAX BONG CERTIFICATE tid LL"'Ie�"F. RN BE BE M£ l n£a£Br a-RnFr TH Ai A BAD IN ME SVM CF} HAS BEEN EXECUIID A NOTARY PUBLIC IN O M FCa GIO£ATE ME ON ME APPEARED AID ACED WR{ME E PAYMENT OF ALL TA CK E E ION CF R/t£R90E (I DEAL.. MA IN ANDSCN LL SP UPON SSE SMETSIX EE TAX£$EAR,WWNAT,MUNICIPAL OR UNG O A'WN L SANBGRN LA N0. 1MG EEREWAU.V KNOW TO M£(BE PRO KO TO MEW 1H£BAA£OF NO ALL EW£OAL ASSESSMENTS NICER ARE AS TAXES, G AT PR P R CF AU NO OF SIARE INORY ENOENCFJ E BE THE SIBUME EJ WORE KNOWTEJ MIS MAP YAM ME LTIUN IY RECgpOEa AR£A 1I£N ALAINSI SAID PROPERTY BUT NOT K! , P` L S AI IS/ARE EUBEL EI /O ME MMIN ID RB LAN AND ALKNONLEOLTO PAYAB!£AID SAID BWO HAS dFEN DULY pPPFOlk9 BY SMO BOMO GF EI/PQtN50RS I.tNED PAP.6/]O/O6 TO ME 1NAr HE/SHE RfO).MIY EY D MA R2 SANE IN THER SI/MEIR AU.1 ZED GPAGTMe P AND MAT BY HI I'M,DIID E.NRE(5) OA]£O' 5006 L AN ME InsMNENT ME PER£. DP THE£Nn]Y UEW efraeF a< CITY ENGINEER'S STATEMENT W/pI M£PEF£W(S)ACIEO,EXELVIED ME INSIRUNENi NANCY ROMEPO,GERK P`ME BOAFD CF EVPERNSO.PS I HEREBY COME MAT l HpK EXAMINED T WHIN MAP OF pg WV Nap MY CCMMISSIW ENP/RES Y EFINGPAL PLACE d'BOEK£S NO.]OSDA DALE, E CF]"'I A MAT ME SVME. SHOMN H£REW WM35 MY HANG WO CiFICIAL SEAL l5 CWN'1: BY OEPU IY NB£]µ nA1GY RM Sµ£AS/!APPEARED LL PIE 2NTAP1£MAP OR ANY APFRLHDOLIN BB GA ACT WEAL G MAT ALL WBEENPROVISIONS CG ME SAT SLID I AM S MAP EN AND LOGE T IS TNCES HAVE CGGR COMPLIED WRI NOTARY PUBLIC IN AND FPP SAID SALE EH TM'I. AND I AN SAPSF/ED MA!SNO Mµ IS iEGINIG[CY COFFEE r. PAVE MCOWNELL CWN]Y I CCLLEL ICR (PRINT NANEJ BY OEPU A' DATED S00 Ty ONN BY. J' �4 RAND J BARAbAN NOTARY IELPIA JLEDGEMENT SIGNATURE OMISIONS I GE NO BI EA2 CY GUFL1PxIA J PGRSUµT M S£LDON B6IJ6(c 3 ' REG FXP.3/J I/O) C.,CF R/VERSITE SS )AN ME SUBO/NSW MAP NE M£ v� SCI . A CF M£FIXLOWNL OWERS P'EASEMENTS KRE LWITIED. MHOEE INTERESTS GNNOT R/PEN"TO. P� GH A NOlAFY PUBLIC IN AN WFPPM SAID STAIS PERSWALLY APPEAREDQ AN GSMENT IN IA.BF BOTMERN CMIFCRNIA SCLGN ILL IN INEIRVMENT RECORDED£EP2MB£R 1I. 19J0, S/NSRr UMENT NO.B9666 PERSONALLY KNONN TO ME(LW PROVED TO ME LW ME BA55 CF EUFPoEE-PUBLIC UnARES SA REFACTCRY CADENCE)MBE ME DMINN(S)WIDSE NAME(S) CITY CLERK'S STATEMENT /S%RE S/BECRIBLD TO ME MRIIN INSTRUMENT AGO AGNOWEOGEN eAN EASMEN!IN FA.I ME.1 P'PAW S�RMLS IS'MAr HE/SHE/MEY EMECUID ME SAME IN HIRAII/ME/R ASEDIDRI EFPTEMEEa I;1910,AS INSTRUMENT NO 9O]6B 4 JAMES NCUPSW,CITY CLERK AND EX CRIICIO ASSES£W LY ME CITY AUMMIZEO CAPACNY(/ES),AND MAT BY NIS/NER/MEIR EGNA NRE(S) PURPOY-UNO£RLRWND Y ,,PUBUC URUIY INS ALLARW CMWTCh G ME CHY OF PALM SPRINGS,STATE OF CAUFTRARA,HEREBY STA)£ W ME INS WVMEM ME vEREW(E)M ME WPtt..LONG,IY A. MER APPURRNANI URS £AID O CWNGL AT III REGULAR MEERNG 1.ON ME—DAY OF MHIGI ME P£FSW(S)AC TO,EXECU]£0 ME INSMVMFNT ry S000 DULY APPROVED ME PARCEL MAP Na MELT, eAN USEMEN!IN FA 12R CK ME CITY G'EAW SPRINGS ME IFNTARI£MAP FOR S.VO PARCEL MAP WAS APPROVED BY ME LYIY CWNGL NY CGAMI£SW EA91RE$ RINGPAC PLACE CF dUSIN£SS FURP�oeualBFR A NEC AS WEIRUNENT N0.209K0] Al HE.1 NE£ONO Hc10 IN ME 11. DAY LY YPRNBER SD02 ROAD RILHi CF WAY AO REF]WCE G11NG AL WL ME W PIES£MY HAND AND OR 1 111 IS CV4h'Y. SWM I.,LY SAID UNO Q AN EASEMENT FAI LY ME GIY G'PALM EIRINLS NOTARY PVBUL IN AND FCR ENO STATE R£LMCFD LNE 24 199Z AS INS.I NO.SSY61 OA cP. 06 FURPDPE-A.1 Lf WAYFCG SIRS HNN.YE UNDERCPWND PRINT NANEI 4MFN,PUBUC UPLIIY LNSAW NGl$µN NNON ( ORI£NANT ORES BY IMPROVEMENT STATEMENT ✓AMCS MaMPECH GTY CLERK AND EX-OMCIO ASSESSOR BF ME CITY CWNGL OF ME ENT OF PAW SPRINGS,GUFORINA SEE SHEET J o L'. 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SANBORN A/E INC. APRIL 2005 IMPROVEIAENT STATEMENT-PARCEL 2 6 Y: P✓RLANT Rl$EC.Vl"C£I CAfFC111M SV '.- MAP ACT.M DVT p'.FIXLOMINL N2V.�App.Po yAL ANO ME CXSIRIINO,OT M9IE A.OVOl IURta4£MfNTS W AN INMMO L LOB dA9$IN2UpIN0 OUT NOT(/MITE➢TO TXE .OX a 91AIL PE FEIXRREO XXEN BLl ll pE 1£LR FAp{ LOT S lam' CGN4EROAL ROAD: LLWSTHI/CT A VNNW 5£LV T N1OE EpEW.VK OF P RlE NR9 ALQVC ME .WE FRLKTII£/N ACLpMAMt£MIN OTY lY NY yRkKS STANOIRO PRi W MVC XQ]IL ALL dKYf•_lI CR 0. (MA OE CODER.ANO AS All C.G PAt D T ENALL B NPAIREO OR FFpUL[O. ME ARO1£VPFOtEMENTS AOAACENT M PARR2 I ARE ME MINLW4 OEIELLW T REIXMREMAIIS F PARCEL 2 WO 0E IJY I i i i I I I I I ATTACHMENT SUBDIVISION AGREEMENT SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM SPRINGS STROKE ACTIVITY CENTER FOUNDATION A CALIFORNIA NON-PROFIT CORPORATION 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 ............................................................................................ 1 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 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 ............................................................................................................ 11 110 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 q 1 0r day of�— L zy\, , 2005, by and between the CITY OF PALM SPRINGS, a municipal c rporation of the State of California ("CITY"), and PALM SPRINGS STROKE ACTIVITY CENTER FOUNDATION, a California Non- Profit Corporation (Subdivider"). now known as STROKE RECOVERY CENTER. " RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Parcel Map No. 30581, 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's agreement to construct and install required public improvements as indicated on Exhibit "B" pursuant to this Agreement, is a material consideration to City in approving the 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 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 $5,000.00. 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 1 i 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, i 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 i made to the City Engineer whose decision thereon shall be final. I 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 E=ngineer 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 wclfare. 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 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 i 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. i i 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 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) years 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 i I acknowledges City's right to withhold the issuance of further building permits on the i 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 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $115.000.00 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 $0.00 equal to 50% of the estimated construction cost referenced in Section 1.1. 6 � (iii) A Security Instrument guaranteeing the payment of the cost of setting i monuments as required in Section 1.4 in the amount of $0.00 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$0.00 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 (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 iCity 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 i 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). i (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. I I 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less ;than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, 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 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 I I i I 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, Subd.iuider 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 Attorneys 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 incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and ,costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right,;title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries, This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be ,in writing and signed by an authorized representative of the party to be charged,.and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11 i i 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 i 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. i I (Signatures on Next Page) I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. 12 i i ATTEST: CITY OF PALM SPRINGS, i CALIFORNIA i By i James Thompson, City Clerk David H. Ready, City Manager I STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: i I I i David Barakian, City Engineer i I SUBDIVIDER: I r I (PALM SPRINGS STROKE ACTIVITY CENTER FOUNDATION, a California Non-Profit Corporation. now known as "STROKE RECOVERY CENTER. " Check one: _Individual _Partnership d Corporation*,Company "Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. ,0 By: / By: Signature (notarized) Signature (no arize Name: Stanley Hack Name: Leonard Bock Title: President Title: Secretary (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) Mailing Address: 13 i i I Palm Springs Stroke Activity Center Foundation P.O. 355 Palm Springs, CA 92263 i (760) 323-7676 (760) 325-8026 (fax) i I I I i I I 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County Of RIVERSIDE On 11/10/2005 before me, JENNIFER FRENCH, NOTARY PUBLIC , DATE NAME,TITLE OF OFFICER-E G "JANE DOE,NOTARY PUBLIC" personally appeared LEONARD A. BOCK , NAME(S)OF SIGNER(S) C personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized F N capacity(ies), and that by his/her/their signature(s) on the RRINFE Ip/►w�.�.ArCommNdon01529M instrument the person(s), or the entity upon behalf of Nok1rVpubRc-eawowm which the person(s) acted, executed the instrument. RWwtldt Couniv MVCo m.8q 'D0C21' WIT OS my ha a official seal. i SIGNATURE OF NOTARY JE✓R�//IFER F .EN OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) 0 LIMITED GENERAL [] ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) 0 GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PLKbUN(S)UK EN 11 I Y(11_S) SIGNER(S) OTHER THAN NAMED ABOVE LS-s�o� ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY County of SIGNER On N v before me, Date Naryq, Title dT Officer ❑ INDIVIDUAL(S) personally appeared `�� F EheA ❑CORPORATE NAME(8) OF SIGNER(S) OFFICER(S) f , personally known to me - OR — TITLE(S) ❑ proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S) persons whose nameO6i'/are subscribed to the within oATTORNEY-IN-FACT instrument an .acknowledged to me tha he she/they executed oTRUSTEE(S) same in h s/her/the r authorized capacity(i , and that by ❑SUBSCRIBING WITNESS her/their si nature(s� on the instrument the person) or the ❑GUARDIAN/CONSERVATOR entity upon behalf of which the persons'/acted, executed the ❑OTHER instrument. Wit;t'; my and and official e�l. _ A e =aoou! !o,�x•'onuu,PATTIBABR43921 eio�^ Kc SIGNER IS REPRESENTING: a Net°rY P bll �f '® �' R,erslde COUE r, Slgna ure of Notary My Commissi°nE*PI`es r z APnI 26,2oa "6, „e a 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 15 EXHIBIT "A" PARCEL MAP 30581 LEGAL DESCRIPTION Parcel Map No. 30581, as recorded in Map Book , Pages through inclusive, records of Riverside County, California. 16 EXHIBIT "B" TENTATIVE PARCEL MAP 30581 CONDITIONS OF APPROVAL 17 20467 �'�'�_:• RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM 2t SPRINGS, CALIFORNIA, APPROVING AN e APPLICATION FOR TENTATIVE PARCEL MAP 30581, SUBJECT TO THE CONDITIONS STATED, t TO SUBDIVIDE APPROXIMATELY FOUR ACRES OF LAND INTO TWO PARCELS ON THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, ZONE PD 158/M-1-P, r4:'•y!>� SECTION 12. 3 WHEREAS, the Stroke Activity Center, (the "Applicant") has fled an application with the City =ti?, pursuant to Section 9402.00 of the Zoning Code and the Palm Springs Municipal Code Section y^- 9.60 for a Tentative Parcel Ma to subdivide approximately four acres of land into two 2 parcels p PP Y O on the northeast corner ofAlejo Road and Commercial Road,Zone PD 158/M-1-P, Section 12;and WHEREAS, the Applicant has filed Tentative Parcel Map 30581 with the City and has paid the required filing fees; and <5 WHEREAS, said Tentative Parcel Ma was submitted to appropriate a encies as required b the i P9 q Y subdivision requirements of the Palm Springs Munici al Code, with the request for their review, qp „x= comments and requirements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Parcel Map 30581 was given in accordance with applicable law; and WHEREAS, on June 12, 2002 and July 24, 2002,'a public hearing on the application for Tentative 1i Parcel Map 30581 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, �3 and all written and oral testimony presented; and WHEREAS, the Planning Commission voted to recommend that the City Council approve the proposed project, subject to the conditions of approval; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Tentative Parcel Map 30581 was given in accordance with applicable 5_lnt. law; and Y 1 WHEREAS, on September 18, 2002, a public hearing on the application for Tentative Map 30581 was held by the City Council in accordance with applicable law; and N° ;fie. 11 �t f fEr : i Resolution 20467 Page 2 WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed Subdivision, Tentative Parcel Map 30581, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed Subdivision represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protectthe public health, safety, and welfare; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed Subdivision, Tentative Parcel Map 30581; the approval of the proposed Subdivision represents the balance of these respective needs in a mannerwhich is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and WHEREAS, the proposed Subdivision, Tentative Parcel Map 30581, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and is categorically exempt from the provisions of CEQA per Section 15332, for In-Fill Development Projects; and WHEREAS, the City Council has carefully,reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report and all written and oral testimony presented. THE CITY COUNCIL_ HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to Section 9.63.070 of the Zoning Ordinance, the City Council finds that with the incorporation of those conditions attached in Exhibit A. 1 a. Tentative Parcel Map 30581 is categorically exempt from environmental assessment per Section 15332, In-fill development projects, of the California Environmental Quality Act,(CEQA), b. The proposed map is consistent with the applicable General Plan. C. The design or improvements of the proposed subdivision are consistent with the General Plan, d. The site is physically suitable for the type of development contemplated by the proposed subdivision. The remainder lot will be merged into an existing parcel through the lot line adjustment procedure. e. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. f. The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish orwildlife ortheir habitat. } `r Resolution z 9 Page . NOW, THEREFORE, BEE RESOLVED tBta k upon the foregoing, the City Council hereby approves Tentative Parcel Map 30581, subject to thoseconditions set forth mtB M Exhibit A. ADOPTED th laht day of September, 206. ES: Members Hodges, Mills, &2er-&&wnea &srKle« r { ES: None ( SENT &a« «e / ABSTAIN: &— ( \ TEST CITY OF PALM SPRINGS, CALIFORNIA y \ / . � City CI `DyUm�� . \ \ . REVIEWED AND APPROVED ASrFORM < 0 (� �\ - �2 . �\ �< �. Resolution 20467 Page 4 °' s EXHIBITA SEPTEMBER18, 2002 STROKE ACTIVITY CENTER i 2800 E. ALEJO ROAD '' TPM 30581 s CONDITIONS OF APPROVAL R ' 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, or 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 F by the City Attorney. PLANNING DEPARTMENT: 'I. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations, 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its advisory agencies, or legislative body concerning Tentative Parcel Map 30581. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and will cooperate fully in the defense. 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. 3. That prior to issuance of a grading permit, a restoration program shall be submitted for approval by the Director of Planning and Building,This program shall include full vegetation and soil restoration of all areas disturbed during project grading and construction. The plan shall be prepared by a licensed Landscape Architect. Irrigation shall be provided during the initial restoration periods. A final landscape plan for the Stroke Activity Center needs to be submitted to the Director of Planning and Building prior to issuance of building permits. 4. 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, °y 5. 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. ';r Resolution 20467 Page 5 6. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. V 7. The storage structure at the northwest corner of the Stroke Activity Center will need to be removed prior to sale of the parcel. a� ENGINEERING: The Engineering Department 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 S. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 4-F 9. Submit street and sewer 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. Minimum submittal shall include the following: A, Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable- G. Proof of processing dedications of right-of-way, easements, encroachment " ','' agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. ALEJO ROAD EAST dSa. *10. Deleted. *11. Deleted. r d *12. Deleted. *13. Deleted. k , 1` t' ' Resolution 20467 x Page 6 tz *14. Deleted, *15. Deleted. 16. All broken or off grade curb, gutter, sidewalk, driveway approaches, and asphalt concrete % pavement shall be repaired or replaced. ', COMMERCIAL ROAD �v 17. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. =;} 18. All broken or off grade curb, gutter, and asphalt concrete pavement shall be repaired or replaced. b� MAP 19. The 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 Parcel Map to the Engineering Department. 20, The Parcel Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. 21, All required improvements adjacent to Parcel 2 included in these Engineering Conditions of Approval shall be listed in an Improvement Certificate on the Parcel Map and clearly noted that those improvements adjacent to Parcel 2 are the minimum development requirements for Parcel 2 of Parcel Map No. 30581, and need not be completed until issuance of a certificate of occupancy for Parcel 2. All required improvements adjacent to Parcel 1 included in these Engineering Conditions of Approval (if any)shall be constructed prior to approval of the Parcel Map; or, the developer shall provide security for the construction of those improvements in accordance with the terms of a Subdivision Improvement Agreement. TRAFFIC 22, The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible forthe relocation of all existing traffic signal/safety light , poles, conduit, pull boxes and all appurtenances located on the Alejo Road East and a Commercial Road frontages of the subject property. , , Resolution 20467 Page 7 POLICE DEPARTMENT: 23. The developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal -j, Code. BUILDING DEPARTMENT: Y 24. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT: f'SFi!. 25. Fire Hydrant Relocation and Upgrade: If the fire hydrant at the north east corner of Alejo Rd. and Commercial Rd. has to be moved to accommodate a new curb return, then the relocated hydrant must be changed to a commercial hydrant. k ti l �v MS i is aq,'ti RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 30581 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, IN SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST WHEREAS, the Planning Commission, at its meeting of July 24, 2002, recommended approval of Tentative Parcel Map 30581, prepared by Sanborn A/E, Inc., representing the Palm Springs Stroke Activity Center Foundation, a California non-profit corporation, for the above described property; and WHEREAS, the City Council at its meeting of September 18, 2002, approved Tentative Parcel Map 30581 subject to conditions; and WHEREAS, Tentative Parcel Map 30581 was subsequently extended by approval of the Planning Commission and City Council. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 1. That Parcel Map 30581 is in substantial conformance with approved Tentative Parcel Map 30581; and 2,. That requisite conditions associated with Tentative Parcel Map 30581 have been satisfied; and 3. That Parcel Map 30581 is in conformance with the General Plan; and 4. That Parcel Map 30581 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 Parcel Map 30581 is hereby approved for purposes therein defined. Resolution No. Page 2 ADOPTED THIS 18th day of January, 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 January 18, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California