Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10/19/2005 - STAFF REPORTS (26)
o�QpLM Spy' V N i k k I C nN c � �o p, 4 IF0 N` City Council Staff Report CITY COUNCIL OCTOBER 19, 2005 CONSENT CALENDAR Subject: APPROVAL OF FINAL MAP 31940 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS MODERN HOMES IV, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR 43 SINGLE FAMILY HOMES AND 9 OPEN SPACE LOTS, LOCATED AT THE NORTHWEST CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY MSA Consulting, Inc., representing Palm Springs Modern Homes IV, LLC, a California Limited Liability Company, has prepared a Final Map for subdivision of property into 43 single family home lots and 9 open space lots located at the northwest corner of Racquet Club Road and Zanjero Road, in Section 3, 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 43 single family homes proposed within this development. This is merely an administerial action, as required by the Municipal Code and the Subdivision Map Act. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31940 FOR PROPERTY LOCATED AT tHE NORTHWEST CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS MODERN HOMES IV, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. Item No. 2 . 1 City Council Staff Report October 19, 2005 - Page 2 Final Map 31940 STAFF ANALYSIS: MSA Consulting, Inc., representing Palm Springs Modern Homes IV, LLC, a California Limited Liability Company, submitted Final Map 31940, requesting that the property located at the northwest corner of Racquet Club Road and Zanjero Road, in Section 3, Township 4 South, Range 4 East, be subdivided into 43 single family home lots, and 9 open space lots on a 4.966 gross acre site. At its meeting of December 8, 2004, the Planning Commission recommended approval of Tentative Tract Map 31940, which was subsequently approved by the City Council, subject to conditions, on February 2, 2005. Tentative Tract Map 31940 includes abandonment of a portion of public right-of-way in accordance with Section 66434 (g) of the Government Code. Specifically, the City acquired the existing west 30 feet of right-of-way across this property for Zanjero Road frorn the underlying owners in 1979; however, this would create a divided roadway for Zanjero Road. The City has an existing 30 feet wide right-of-way for the east half of Zanjero Road, which is adjacent to an existing 33 feet wide Whitewater Mutual Water Company (WWMC) parcel. In order to develop this property without constructing Zanjero Road with a divided roadway, the Tentative Tract Map was approved with Zanjero Road having a reduced collector street section, with an ultimate 50 feet right-of-way width as opposed to a 60 feet width, (a 40 feet wide travel way in accordance with collector street standards will be maintained). The developer was required to coordinate with WWMC and have the westerly 20 feet of right-of-way dedicated by WWMC to the City over their 33 feet wide parcel adjacent to the existing easterly 30 feet of right-of-way, which would allow the existing westerly 30 feet of right-of-way on the property to be abandoned on the final map. The WWMC right-of-way has been granted and received by the City, which will be recorded concurrently with the final map. It has been determined that required conditions have been satisfied, that Final Map 31940 is in substantial conformance with the approved Tentative Tract Map, and that Final Map 31940 is ready for City Council approval. FISCAL IMPACT: (Finance Director None. David J. Barakian Thomas J. Wilson Director of Public Works/City Engineer Assistant City Manager David H. Ready, City Mana" e��- ATTACHMENTS: 1. Map, 2. Subdivision Agreement, 3. Resolution i ATTACHMENT FINAL MAP 31940 OWNER'S STATEMENT IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 5 SHEETS WE HEREBYSTATE-nR TAB APE ME OwNEFs OF THE Lave INCLUDES SATINSMR sueomsl0x TRACT MAP NO. 31940 RECORDER'S STATEMENT SHO HEREON;"'T WE AIE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PALS FLED THIS DAY OF 2p WN o C. UNCIITLE TO W V R AS GHAT WE BEREBY 0 NSEM To THE LAVING AND RECORDING BEING A SUBDIVISION OF A PORTION OF THE SOUTH ONE—HALF OF THE AT Ix appK OF F THIS suBOmslDu Mm u ;xpwx rvnnw THE plsnxc-rvE BORDER ONE NORTHEAST QUARTER OF SECTION J. TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M. MAPS AT PACES qr TYE REOVESr OF WE HEREBY]EOIC/.-E i0 R. A USE SID SIREN EDU PUBVC F HER T,(G ES,LOT ) n�j THE CITY CIFRA OF THE CRY OF pgLA1 SPRINGS THEsxowN wnxW THIS Mqp. AS A cpxDlDJx BF DaDlcnnpry OF LOT.A^,(cDRr6z apAo). �V MSIA CONSULTING, INC. APRII. - SOUS NO TFR CWNERS OF LETS 1 FFRIUGN 1_,INCLURIS AND L05 NY ARE"I" AS SHOWN WIT{IN Ti5 IAAP,gBUTING TiIS HIS AWAY AID WRING SUCH IMF WILL HAVE NO flIS OF ACCESS OREET THE GENI FAs]JPE OF TRAVEL ANY CHANCE OF ALGNYEM CR WIDTH THAT FEE HAD LIS IN THE VIEWDON THEREOF SHALL TERMINATE IS CONORIpN OF ACCESS RIGHRR(W.VIPRO.COUNh ASSESSOR-c AS TO THE PART NALATEO TS ENGINEER'S STATEMENT U W. LERR-ISHOSEER STY_ DEPUTY WE HEREBY DEDICATE R TO THE-a-RI T S IlCDllG ALONE COR1S ROUE 2A 5.IN ROAD PAN THIS MAP SURVEY PREPARED 6T ME OR IF'FR CL DIRER SUPERVISION Ary0 IS 6ASIN UPON A NED,D'CLUB ROV i0 WI A BBC n1E OWNERS OF LOTS E MP.]UOR S6.INCLUSIVE.S AND FIELDWOO ORDINANCE IN CONFORIAANCE WRH THE REOVIAEI/.EVILS OF THE EUFWGION MAP ACT AND AMORSIGH GUARANTEE BY FAST AMERIGW InE COI,IPANY FOR M AND"HN AS SHCXN WRXIN THIS RI A E DEF 1AL B EMENT. TR TI.,AL SUCH LOCAL Oft01NANLE AT ME REOUEsr OF PALM SPRINGS LODERN HOMES IV.US,IN APRIL OF MCI THE WILL HRVE NO RIGHTS CF ACCESS IXCJT ME GENERAL EASEMENT OF iFAVEL.ALSO EXCEPTINO ONE MENU FOOT ACCESS OPENING IN LOT F',AS SHOWN HEREON ANY CHANCE I HEREBY ELSE THAT ALL MOR I.IEMS ARE OF THE CHARACTER AND OCCUPY THE FOSInONS TAX COLLECTOR'S CERTIFICATE OF ALIGNMENT OR WISH THAT RESVL S IN THE VACATION N.CF,STALL GERMINATE THIS MONGERED.OR WILL BE IN ICCORGANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR CONDITION OF ACCESS RICHIS AS TO ME PART VACATED. n1E MAP;AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED THE SURVEY IS TRUE AND COMPLETE AR SHOWN. I MONDAY SATE TERN THIS Wp SU65iANTIALLY I HEREBY CERTIFY THAT ACCORDING i0 HE"CORDS OF THIS OFFICE,AS OF THIS DATE, WE HEREBY DEDICATE i0 SU;IC USE EgEERGEMS FOR PJBBC UTILITY AND SEWER CONFORMS TO E APPROVED OR CONDITIONALLY pppRWEO iEMRPVE ARM,IF PAY. THERE CAE NO MUNICIPAL, AGAINST THE PROPER'SHOWN ON THE WITHIN MAP FOR VNPAIG PURPp66,TOGETHER WITH THE HIGH OF INGRESS AND EGRESS FOR SERVICE ADD / STATE, MTV R LOCAL TAXES OR 111CRI ASSESSIAEMS COLLECTED I EMERGENCY VEHICLES AND P7FIC El,OVY LOTS B'THROUGH"C,INCLUSIVE, DATED. + TIGER PREVENT TAGUS OR SPECIAL ASSESSMENTS COLLECTED AS TAXES,HOW A LIEN GOT SHJVIN AS'PRIVATE STREET'"),M EHDWN WITHIN THIS MAP. /) - - LREE59/ NOT YET PAYABLE,WHICH ARE ETMASTEO TO BE WE HEREBY DEDICATE TO ME CITY OF PAUI SPRINGS,RED EMERGENCY ACCESS PURPOSES �-//��/A �`9 aE Y� GATED TIE EASENEW ACROSS A PORTION OF LOT"J.AS SHOWN WITHIN THIS AAP RODEftI'S sVHH RCM.26401 0 IXP 5/SI/6 Pl' Jos m PAUL MCCONNELL,COUNTY AA cOLLEROR WE HERESY SHOWN TO%13EL USE TO' PUBLIC UPLIIY AND SEWER ROUGH'C'n1CLU p?fi401 m SHOWN AS SRIVAT AS-5 PJE.AL➢xO A11D M,G 1 TO LOTS"B'THROUGH"O',INCLUSIVE, {9,7 S, SHOWN A$'PRINK c STREEY.c),AS SHOWN WITHIN MIS HAS, REPVtt WE HEREBY OEDICAE i0 SHEDD USE FOR PUBLIC BOLDLY AND SEWER PURPOSES. F OF LAl\f0 EASEMENTS WERE LOTS H.THROUGH'C',INCNNI AS SHOWN WITHIN THIS MAP, TAX BOND CERTIFICATE WE HEREAT SEEMS LONG"e-MRCUGO^c•.WLUISrvE SHOWN As"parvOR,ABEET'(s). CITY ENGINEER'S STATEMENT FOR PRIVEST W USE W T THE US W ROLLER JF OURSELVES,OUR SUCCESSORS,ASSIGNEES HEREBY LERTI'T THAT A BONG IN THE SUTA OF HAS BEEN EXECUTED Ab LOi OWxERs NRHN ME MW I HEREBY STATE THAT I TUNE EMAMINED ME INFRN MAN OF TRACT ARM NO 31940. AND FLED WILL THE BOARD OF SUPERVISORS OF THE IUUMY OF RIVERSIDE,CALIFORNIA WE HEREBY RETAIN FOR STGN,DRAW PURP]sES,AN EASEMENT OVER THOSE DOMINATE CONSISTING OF 5 SHEETS.THAT THE SVBCRADS SH04N HEREON Is SUBSTANTIALLY ME CONCInONEO UPON THE PAYMENT OF ALL FIXED.STATE.COUNTY,MUNICIPAL,DO LOCAL, SAME As R APPEARED ON RILE iENGARVE RUP OR ANY gppgOVEp ALTERATIONS THEREOF, AND ALL SPECUTMASSESSMENTS COBECiEO AS TAXES,WHICH AT PE LIFE OF RUNG OF SR]WN A$'S'PULE N'SHOMJ IWRiN TARS MAP,FOR 1HE SOLE VSE OF OURSELV6, SA ALL I APPEARED OF ME STATE sVE MULP 0O MAP ACT AND APPROVED LOCAL ORDINANCES MIS AP WITH E COUNTY RECORDER IRE A LIEU AGAINST RATE PROPERTY BUT NOT YET OUR SUCCESSORS,.U4GNEEE ANC LEi OWNERS WRHIx TYIS MAP APPLICABLE AT THE PARE M STATE OF THE TENTATIVE AC MAP HAVE BEEN COMPILED WI1 H, PAYABLE AND SAID BAND FRS BEEN DULY STODDARD BY SAID BOARD OF SUPERVISORS WE HEREBY RETAN FOR CFET SPACE LANDSCAPE AND STORM COIN PURPOSES,LOTS M' AND THAT I AM SAMPLED THAT SAIR MAP IS TECHNICALLY CORRECT Op-D TFROUGH'0 INCLUSIVE,FDA GHE CORE USE OF OURSELVES.OUR SLCCESSORS AESIONEES PALED Ab LIST OWNERS NRHN lIE MAP WW CASH TAX POLIO F ��'M NTNCY ROMERO PAUL kFDONNELL PALM SPRINGS MODERN HOMES IV, LLB, kq ao r CLFRR OF THE BOARD OF SUPERVIsoxs ccuxm rqx CGHECroR A CALIFORNIA uM1IC uAe LET cpuPAxr DRUID J eARANIAN R.c E zB951 uy o" � *q CRY ENGINEER E%P J/]1/OT a �y BY; 5ZKD BY Evun V, DEPUTY A ATN,IMNICING EMBEII Na C-20931MI :}.T �� CITY CLERK'S STATEMENT DAMES THOMPSON,Cm CLERK AND EX-OFFRO ASSESSOR OF ME CRY COUNT OF THE CITY BENEFICIARY'S STATEMENT m wro OF PALM SPRINGS, STATE OF cRNlA.HEREBY STATE THAT SAID CRT COUNCIL AT In REGULAR U.N.HELD CN THE DAY OF 20 DULY APPROVED ME SOILS REPORT WITHIN MAS of TRACT IIAP rvo 31910.AN O DID ACCEPT ED DLHALF of THE PHONE,mE DEOICANCN P]CIFlC WESTERN!U IWAL E.:JN,A CALL FCIA'U CORPORAION.BENEFlCIARY PER OF LOT W.OFFERED FOR SREEI.SURGE I'D'AND SEWER PURPOSES;THE ICCESS FICHTE TO PURSUANT TO SECTION 6549p OF THE sUEVVEGN MAP ACT,A PRE .11NARY LORTES ROAD, 2ANJERO ROAD AND YOULAT DIED E B ROAD, HE EASEMENT ACROSS BOTTOM F NEED OF TRLST RECORDED JVLY 19, 005,As INSRUMEIR NO 20p5-$J5014. SAILS REPORT pgOJECT NO 544-S231,OS-06-,TB1,WAS PREPARED BY SHALOM LOT"J',OFFERED FOR ETERGENCY ICCEss PURPOSES.THE OFFER OF EASEIIENis OVER LOTS"D' OF 071CIPL RECEIPTS OF POSEWIDE COLINTY.CVLIFORNIA. ENGINEERING,LAMA JUNE 12,SOUS,AND IS ON FIE WITH ME Cltt OF PAUL ARRINCS. TYROVGH'G INCLVSM,'MOWN AS"PRIVATE STREET'($).OFFERED FOR PUBVC TRULY AND SLAVER ENGINEERING HEPARTIAEM. PUP SO,TOGETHER WIN THE RIGHT OF INGRESS AND ECP,ESs FOR SERVICE AND EMERGENCY I BY VEHICLES AND PERSONNEL.THE FISEI.IENTS ITIAW AS-5' POE'.ALONG ANI ADJACENT i0 LOGS"B' ' FLESHES "G,INCLUSIVE.ETWN AS"PRIVATE'TREET'(S) OFFERED FOR PUBLIC UTILITY AND SEWER NeME THE C V.A. RAN, RILE PURPOSEE.THE OFFER OF ME BASEMENTS OVER LOTS NO THROUGH"0'. INCLUSIVE, OFFERED FOR FUELS NTDTY AND SEWER PURPOSES.ALL AS DEDICATED AND FLOWN INSIPID ABANDONMENT NOTE WE HEREBY ABANDON PURSUANT TO DENTON 3fi 34(G)of THE GUBOIVISION OFF ACT.A PORT I SIGNATURE OMISSIONS OF MAT CERTAIN RIGHL-OF-WAY,RECORDED JANUARY A, 19T9,AS INSTRUMENT NO Iifi6, S'CUL PURSUANT i0 SECTON 66434(G) OF THE ILIVITIGN MAN ACT,THE FILING OF THIS.1 SHALL RECORDS RIVERSIDE'ED".CAHFORNA,LYING WITHIN THE SUMFkRY OF THIS IIAP,AND NOT OFF SHEET 2 CONSTITUTE ABANCONMEM.WITHIN TEE BOUNDARf OF MIs MAP.OF A PORRON OF THAT CERTAIN SHOWN EREIN RIGHT-OF-WAY GRANTED i0 ME CRY OF PALL'SPRINGS, RECORDED JANUARY S, 1979,AS RECTRUMEIE NO I465.OFFlCAL RECORDS O-RIVERSIDE COUNTY,CALIFORNIA ME rENTATVE MAP FOR SAID TRACT MAP WAS APPROVED SY TIE CITY COUNCIL AT ITS NOTARY'S ACKNOWLEDGMENT MAT POUNDS OF THE T'IGxr- REGULAR MEETING HILLS ON ME OLD 11 OF FEBRUARY,2005 GF-wAT Burvc Aenxoouzo Is rvpr snpvev ON THIS MAP SE_STORE 2 DATED- BT OTT CLERK AND IX-OFFICIO ASSESSOR OF THE OFF COUNCIL OF THE Clry OF PALM SPRINGS 1676 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 5 SHEETS TRACT MAP NO. 31940 NOTARY'S ACKNOWLEDGMENT BEING A SUBDIVISION OF A PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M. STATE OF CALIEgtnlq ) COUNTY OF 5s Q5 MSA CONSULTING, INC. APRIL - 2005 ary Q 20-U5 . BE ME 7:7rembhy A NONA Y PJBUG II.1 AND FOR SAID RARE,PERSONALLY APPEARED I DPnD15 A Cxnnl hmM RAN AF°" LURE PERSONALLY KNOWN M ME(�T4ph. 4TGTp[4X-p{E on�•c C'T/TLF!CTTHY EIICON-E) TO BE THE NE,2E0N(3i AHOSE NAMEIh)IS/fiRE SUBSCRIBED 10 T!E WITHIN INSTRUMENT AMID "bp�G SLID MA O}i' ACKNOWLECCRD-0 ME THAT HEI(6HEFRN=- EXECVTm THE s -IN HIS/XEEIEHER AUR!OgREp CAPACRY(1f.11,RND THAT BY HFi m 4/lEBE SIONATIRE(✓R ON THE INSTRUMENT THE PERSON OR TiE ENIIII'UPON SEFAIF OF WHIOU T!F PERSON 4I, a S PA EIa 1 (F�ACTED EXECVIEO THE INSTEUMEM MY COMMISSLN ESPIDES/d I 2 9 A a 7-08 Mx Pobi '.IBOARD PUCE OF BUSINESS ENGINEER'S 4L �� �X P WITNESS MY HAND AND CFFCw_SFLI- ENGINEER'S q - Is ,Flc.l'✓e.($1 d P COUNTY THE BASE OF BEAANGS FOR THIS MAP IS THE CENTEIL NE OF RACQUET CLUB „ 6 ROAD,ALSO BEHO THE SOUTHERLY ONE OF THE DOgrHE�S.1MPTER OF " '"o I NOTARY p BOC IN I(If IR R.)STATE SECTION],AN SHOWN ON PARCEL MAP NO I14T7,ON FILE IN BOOK 1°0, PAGES 34 ANN 35, OF PARCEL MAPS.SECLUDE OF ROBERTS COUNN /ramblo✓ TAKEN As N a9'3BO,w MAP VICINITY (PRIM NADI / ITT• INDICATES FOUND MONUMENT AS NOTED UP N 0 INDICATES SET 1"IF."RCE 26QI',RUSH, UNLESS NOTED NOTARY'S ACKNOWLEDGMENT OTHERWISE STATE OF CALIFORNIA ) 0 INDICTES SET 1-1/4'BEAR,LEK STAMPED R.IS .101-1 SS RUSH.IN AC PAVT INS CO SIC.TYPE"B"EI), COUNTY HE '(I✓PASIf,�4 ) UNLESS NOTED OTPERWrsE CN Cj'-d•9-OJ B.RE ME 7-TLL+fP.b IBA' I-) INOIWTES RECCB.DATA EASEMENT NOTES A NOTARY PUBOC N AVO FOR,PjO ANIT PERSONALLY APPEAFEO _ El INDICATES RECORD DATA PER q 5 10 T2 pN TO M Dn GN= O II / �THE CENTERLINE OF AN EASEMENT IN FAVOR OF SOUTY.ERN SIERRAS HOMES PERSONALLY EFEGHN iC E(ENMENH i0 III C`!TIE ED L'OF GET NNIN;pSTRUMENT AN R2 INDICATES RECORD DATA PER TRACT NO A"',US TT/19-20 MPANY,FOR POLE LINES AND INCICENTAL PURPOSES.EPA INST TO BE THE FE TO ME WHOSE NAMED])15/ARE SVBSCRHEEq M THE WRMIN INSTRUMENT µ0 DEC 9/20/36 IN UK GAS,PG OR OR,NO VIIDTH GNEN CCKNOWLECC=D TO ME BY HIE GIGNAT�BCIBT D H OAI.IE IN MS/XMENT TH MITI R] INOICAIE,RECORD DAL,PER MAN SPRINGS OFFSET ESTATES, ME 19/90 PPACI PURE pDp K BE AL HISF WHICH TBE P RSONISSj CT -1E ENTOMINSTRUBED THE THE PEREOM(5), Cq THE EMItt JPON BEHALF CF 1VHILH TIE PEft50N(5)pC1ED,IXECUTEp THE INSTRULIENi R0. INDICATES RECORD DATA PER MAP OF AMENDED PARCEL MAP NO 10]I}, MY C-BEHApN CAPE.LSE-17-DS PMEI u6/s-6 AHI MY HMIO WE.]IENI 11 MY PRINCIPAL PLACE1 �Of BUSINESS IS 21✓P.N.'S 0.c COUNTY RS INDICATES RECORD DATA PER TRACT N0.4320,Iq B.69/60-69 /JG INDICATES CEEflONE NOTA PUB M C IN ANO R�SAD STATE R/W INDICATES RIGHT-OF-MAY T.7Tembl SIGNATURE OMISSIONS (PRINT NAME NA) INDICATES RADIAL BEARING PURSUANT TO SECTION 65435 OF THE SNOBBISH MAP ACT THE SIGNATURE(,) PUE INDICATES FUELS LIIUtt EASFMEM OELICATED HEREON FOR PUBLIC OF THE FOLLOWING OWNERS)OF EASEMENTS ANp/OR OTHER INTERESTS HAVE UDI PURPOSES BEN OMITTED.AS THOR INTERESTS CANNOT PIPES INTO FEE NOTARYS ACKNOWLEDGMENT ([[[ INDICATED RESTRICTED ACCESS RIGHTS DELEGATED HEREON SECUPPY FIRST NATIONAL BANK OF LOS MODULE HOLDER OF LIBERAL RIGHT,AND INCIDENTAL PURPOSES,PER INCH REC 4/4/3E.IN BK 273.PC 213.OR STATE OF CJFONNA ) SET NFL AND TAN IN CURB ON THE PIOL➢NCATON OF ALL SIDE LINES, 55 DUENESS"R C E.26401",IN LED OF THE FROM LOT CORNER, COUNTY OF ) SET 1"IP WITH PIASTTL PLUG STAMPED RCE.26401',SET NAIL AND ON BEFORE 1.!E SAM IN CONC FOOTED STAPEPSO'R DUE 26401"CA NAIL AND TAG IN A III PUBLIC N AND FOR SAIL STATE.PERSONALLY APPSF£p FLOODS II TAGGED RCE 26401',A5 gppgOPRU E'AT REAR LOT CORNERS AND ANGLE POINTS,UNLESS OTHERWISE NOTEL PERSONALLY KNOWNPERSONS) ) F (OF. MMOI)O E/ ME ON THE Bi5I5 OF WITHIN INSTRUMENT EVIDENCE) i0 BE THE PFRSON(S)WHOSE WVAE(E)Is/ARE WBSCRIBEO TO THE WITHIN MSiRUTA ENi ANp RTOT&ESD GROSS IRFA M 4.96E ACRES ACKNOWILEDGEO TO ME THAT HE/SHE/TTEY EXECNIED THE SAME IN HIS/HER/IHEIR AVMORREO R6IDENRLL/NIINBEAEp Lp15 a A}LDTS GAFACRY(II ANC THAT BY HIE/RER/THOR,IGNAnRE(S)ON TiE INSTRUMENT THE FERRO (M, UTDFFED TUBES BEET DOES- 1 EST SEE SHEET 3 FOR MONUMENT NOTES OR THE PELT DEAN SENATE OF WHOM INC PEISTA ACTED.s) SHEETED THE INSTRUMENT. LETTERED PRIVATE STREET LOTS-6 ED, AND BOUNDARY DIMENSIONS OPEN SPACE L015 9 LOTS MY COMMESION EXPIRES Mr pynclPAL PLACE of EDGINESS LOT SHEETS 4 AND 5 FOR DETAILED .MNE55 MY urvD AND OFFICIAL sFAL LOT DIMENSIONS COUNTY NOTARY PLANS II ME FAN RAN STATE (PRIM NAME) J.N. 1676 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 5 SHEETS TRACT MAP NO. 31940 BEING A SUBDIVISION OF A PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M. I5MSA CONSULTING, INC. APRIL - 2005 CASgILLO SCALE Y=FC/ ROAD SEE SHEET 2 FORNDINEER'S NOTES,EASEMENT NOTES TES A AND VICINITY MAP BEE SHEETS A AND 6 FOR LINE DATA 7 DETAILED LOT DIMENSIONS ''•''°I'' TRI NA 'P ' O A,NDICATES SHEET NUMBER 3�F I° u xuiisi w sin PALM,wIffluLRN LC�a.Psp3 mN urs< Q D < WFm c/L OF BARQUE aaN PARAUE. \ ''\ z nx 1u/R FP BwEr cwa REAP PER 1 \ 9 I � 1 /5 eJ / - IN ee']e'oB'w loon BB'z RJ-----L-___ I ___ ___ was]4'BB'w 1 -- - - o U \ ,oE1v CORTE2 ROAD MONUMENT NOTES x eg oa a W 6o6 w')B4 // a c --------_ (3 r ^+ LOT'H" `LOT•I• LOT•A' ASFp PER Iry z\I]ea6) __ ________ xm ee'6 w _ ____ EF xo e. Q1 FROG 1 IP,W/FAL'FCE t-614'.C'1 G.5 I!I MUN WElL.NO rrrr lY/r.' rrrr N eg']6'o0'w xfig T6'REF,.1CCEPIEU AS FEE.ZFTrtLINE MEFiLI1GN OF CURIEZ rrrr rrrrn. rr.r rrrr ..rrrr, i �\1 uI\ 216i PR ' RMU u:G ervU OT'B• U -0 3RES 1P 1R-M^iCc l"4 ON E O PER E.EASTERLY 69 1 2 3 4 I vT p. I9 �JP•o.\ u1G MR J>/19-t0, EOCTS"R N. OT n PUIN'GF PONT.F/S., P 5 ¢j 6 ] 8 9 10 11 12 13 14 15 16 17 18 °\ J ?/W IINE OF THE WHIrYniEP.MUIt4L WPTi'. MP CPNAL \ FEN FCOep 2REAL - MIG THE NORMW6f C]P.XW OF IT NO A'53,MR 77/19-20 N, LOT'O' U 1 O tJ20 \,yam /19 t0 k Q MO 1"I F.NO TOO CM1 1 4',NO REF,PCyIET AS THE Co F' T 21 `N CEmExuNE INT9RNECTON OF ssR1�o OOAG nxo zwJERO g LOT'Cl O CHEflVL DE LOT'C' VVV'.GAG.IN LIEU OF NAIL k TAG'R "IV .C.E 1612IT 1. 63 ORI 4 B.94/2]-44,PFFl%tPC S i E 23901' Q EH 22 z ^ .J\� dt 39 36 1 f hN ICI 9= , = e<z. N 155' x MON WELL,uen10 X g @] 43 ELO1F0LE 9 O� CHERYOURT OW 23 aFwcouc auB RoL CHEgVL LAN n Q 6 I o 3] > 24 0 to N P W/I'AG.'LS 4605'.ON 0E_',pA PM0 136/5-fi / \ LOT'P' n 'w' N£ A, M'G P,MB 100/%-];CCEPIEO 5 A FORT ON THE CENTERLINE S LOT"N'J a F9 Je W'W ,ry IS' I\ O NO OF PaWUEi cwR ROq 'S fs9 Sp _ ,_ I_ .`LOT'M' I 26 v49 (7„a Y _ __ __- PAP______- __�___- _______Ps___�- _T__ .OI ®6 E,APNoE fir sE, £ I'�" _® Q,C 3/C IF FIRER iS AT CO NIE OS',PEP HER I26/5-6, p Q c /=\ COFFEE NEARm OwEEx ®19H 26 G PH a nCCEP1ED A9 ItIE NOPfASF CORNIER OF=T?CEL 2 6 .firq R+couEr cwa g. x Q°O.REGwooG zxz W,/-nCR,m G z' NO ,T,AccFVrp AS A POINT ---- ® �• vO® ^ N of Y1 CN THE ERAGFLR Y ONE OF NET NG 22s4E,REL z/z2/12,E.R , p �� �5pa � •T FV RF". J CHERYL WAY LOT•G" - © ,3/o I.1 w/TAc's 463]:El IN-ON wFEt PER ND � ���0 �:�®p\® \J ® ®' ]O' P M B 126/5-6 NAG V N,B 1]0/]4-]5,>_ OrcEP1EG AS THE \ v of P.cauEr cw=Rom AxB Ixoux q� •p\ N Nn ;ENT ENE INTERSELIq % ®' \ e•\IV g P «'�,. w =n a a2 co - 5 'I nVFHUE,r150 OGxG THEE 1;a PER SECION 3,i,4 E.R <E @y � QU' ��SyKn' 4��•��, X �T+� 36 35 3q 33 32 31 30 7 ESF . .Ov OEM CNL O _ \• t 050)IN mourER lmsrL°i.sS22� rI rI IILJ ^ I 11IR 1. _� _1 J FAR R/22/R2.nF A�rr�rlr r N ex 0 r'JJI e9 rrr rr rr.r r r o=I 1 w _S'q� B M1 `I Bes15 OF ESRINGS RACQUET CLUB ROAD' s61 s2 x Lr z}oo, p1 _ — z —_—_—_ t=iz n' I_IT, (Js065'j re, "ARIA EIIGIs')FI GLC - _—_—_J6—_—_�______1/OF �1< c o1 69'JOEB W 1478.66)N "s " a R/W PER NOR xE_„66, <� IeeJ F2 �—T= 7 Mesx'Po'w 1772W PER PMB ^ aFc 1/J- OR I�I`L� �1< Je BB w nz eo' Q\ _ too e4-J6 lGR 092\ P.M.M.slee/NG^N6 1 P \ J.N 1676 r 1- IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET < OF 5 SHEETS -=0T• TRACT MAP NO. 31940 CURVE DATA BEING A SUBDIVISION OFC A PORTION OF THE SOUTH ONE-HALF OF THE m' u.c9,� ° NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M. {{ DETAIL•A• T 'oat �u C°COPw DR°6'_ Norm sacs �5 MSA CONSULTING, tNC. APRIL - 2005 _ LOT•O•f�! CHEgYL Dg1YE V z nc - (PFNI,E sm�l; NPEN sPncp , - °'12d Id 43 3SI 73 PALM MPRIM®H ©SERT GH4g4ERE _ �il °:00°°. zizso' ar°°'ee_ °+6 °0 50 eel ayse sr J'T 11 ---L- ----9--- m° °z°°°r Sn +es, c+, --1----------1----------L os3al, Teaol . >, S0W R cz+ Till,ss z°ildle + a CORTEZ ROAD ^ - I LINE DATA to ° r °O6B• ^ (°PEN etlaccc .x r p i/2111,/ ryei°' �Si O°'/ /z>zsSn6,v /nzs'. �,6as"/ i.?s'/ / R 53, - f L e. �r` �l D L' E Lr >r a ( zs 2 .v s- zs>s ss omLsE ssr 3.arz5 sr. „- w W P• T ss . 11 ° w1sl zao sr O °asr lO = $P $^ z pozm z / 48 12 13 5U ro - pe +ry y3 r+er°° 'uE< -(Rlz� N^ ° z :P n E > •s nza z>•P __x w9 wd'"" 1 y x 4' [ ram, LOT•a� _ '00v ,o'oo zw°, �u> ue — - 2>,s--z,u--i>,s--z> az zsl-�n<2----_ h o-E ;cEcv EancO a ? T°�z_>0°=e e'� ry m_ o=nC• x R0'0°'OCHEPYL DRIVE T _ (PrennrE s>amI 2 3>T <350 7421 SEE DETAIL•A•- Pic E ' E Iry v� N e Ise ao� °° L ° , --_--- a ee.s �� LT -AEDYE Lz 390, 41 PUE G sE e3 - 3,129 ,. ldoua i.l sf ^" B\-1 u5/�C S>°°_ Jew .'�„S x m y.m11 >`Lz3 N E>°>3° L I`. _�-CHERYL COURT 9 q "-hzs� � 3 /T •. s2s 40s *CHERYL LANE I �y_ �/ 3.> E <.° r I}" N o s I r -R LOT .P. 1 ------ n._r v°o'�?r,.az s6e< xeaee L°°m ° e>°Vrrr���Ixxxzsss���h����sss�_... eL6' a<,P ` ' F 6 J (°&sr;'l'CE) z 'yl * LOT•N' 0° nn _ a°°>nc w I-LOT'M' 3 w °°°a ns " q I _ � m ---- 411.sP,cp f0 a nF - - -------------+------------- ---- °PEN,P.EE, - ;, N w ® + ------- - w E 1 a a �I yaw.M®.N®�a�,9a4.Ma. ®�©�® oMPp.M®.96®a®® Lor•L• ° = ° E I tll NEO.S®/6/e>7 NEC.Ur/Q/91 DEC. ^J/B4/®® o02 nc wa 0- p �I (OPEN PEPKE)r- MET MC 222,30 L6° x°o°°°° E zom SEE SHEET 2 FOR ENGINEER'S NOTES, GO1�w NEC.2/22/72 I I SEE SHEET 6 EASEMENT NOTES AND VICINITY MAP SEE SHEET 3 FOR MONUMENT NOTES AND BOUNDARY DIMENSIONS scaLE V-10 J.N. 1676 ——_ __ COgTEL ROAD ea]e'oo'w , \ 4�92® ,— ow r LOT'A' ER /a PER NOT x —_—_—_ —a>e ].. ` F°hE.30/6a3=Ri SHEET 5 OF 5 SHEETS o x>i nc 3 R Ill( •ea•08 Ise, P, [' loR _RR s]s\\P ro P IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA „ :e,. ,,,,s,w, , ', , ,aa,e we R_. TRACT MAP N0. 31940 ' . i<� «` oa *\ Zms BEING A SUBDIVISION OF A PORTION OF THE SOUTH ONE-HALF OF THE '`CLOT•J• .e 3 p s 8�,"f I\ NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M. (OFTEN E AP c \€.CN 09 \ A1� n w 12 -3 14 15 1s n 13 sl ass+Czss} xe5 ipl' e` \ a. OD MSA CONSULTING. INC. A-PRIL - 2005 k s],- W ?e-rz W , _ ?,eea sr. - o ,e e1 s - v e o ]r$vze ePsp Q_`,.� ]rg^z6 I� E.IF xe° \ 1 \ PEE f I1 NI C °] E20 P \�\f1/ I SEE SHEET 2 FOR ENGINEER'S NOTES, z z i z i. sr=o ] "3 oI z e?E•s xe,E¢JI Iw EASEMENT NOTES AND VICINITY MAP \ 1 I SEE SHEET 3 FOR MONUMENT NOTES °' us es¢s' u ]e.n N I I AND BOUNDARY DIMENSIONS ER —xx—as—zizr—x —xTxs —x s.—L' �3. P°E 21 I " CHERYL DRIVE °°goRoo'w zss.ee' LOT 'G• �I k.--uJ s asm sP Ooo'°o•w Mv°]' x nc (PRX"'sBR7i 11 zi �-------- \\ E eoe E CURVE DATA —- - E rE zsvo , I LINE DATA sz<x' x Iso wtll 22 I - O s vw ese+Rn v oo O000Gs -y +NI ,sr ,E• I I _ en` RAN a Irxi os oPo P Its<, zY u< �x avoo oo w v°O UO Q cs,az a 2 I - IT a x�sosr w W 1. N +' _ Y` ` O S�Sr I zeE23 a NI lW/1 PY zs�dzS ,<` "e e I - LOT.P. sz 37 ¢ 02 I 1 - o� - i I , S w =ss` <sc E.RO2 u eeo 4 l wG "FIR ° Isu � ' moo • 'n \Rory er�Al xE65 ER io a epee '�I -F . I m,® _ izo rc°BB oo:w jeoo° x °z so xE m piss oe']/y cv = a /= NI d . __ ry ovi�'oo'E dJ�l� 5'P°E'rza ]NssP )Tlo I ®� 125 a5]o5x'I ]1300 2°<° ,°z, y' W a�, 0KFIR 10 0 OR ® c R II 1 moo v°°°0 W d L= 'n VP (Parvere SmEEZI e� L 3 u<C a LO o G•>o°o39 wz\h x evoo ao E——� $f 6YI R1 _ a,t,' ee=a' r oIN c I". - E. Ey 4 �6� CHERYL WAY I1- +r avoo oo vo 'c , 4 - _ xz _ c I ml x�ozy IT oe-[ ��s� P��ez ez�' 3101 I, aT_u1s<� _------ oozJss---- _-- _— I 000-w u�zi E.rPV- ° e ju vs]6]P"w Isew 8 c III IT Zol RVD- moo 15 $" ern - Sm L191i I 1 s ITIT �® eee $"z 8" 3 z33 z" 32 31 "30 II I ID "-E _ 7 <, sr 35 .. uss sr ],,s,sP<, ,, .ssS r <<2e sr Inh - 2562<sP E 111 I III 'I T 1 1 IT k eo� aE S��° 1,5.]c .i/ +ea'//;�,rz,x��127.' //.,gee-// ix, °� /�,a„-/i^,x,�]'in/z,as•. /�,as' / I ® ,�e x°°°°°° E Il,x� --- xe�e a, /„=eo//" I x'=x- ex ./.Pw Ixsr 1 TIRE -- --�---- --_ _ 3P, ael sz— ____ RACQUET CLUB ROAD —--- — x er]eb°'w ,leers I SoA. 1"1] J.N. 1676 ATTACHMENT SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM SPRINGS MODERN HOMES IV, LLC A CALIFORNIA LIMITED LIABILITY COMPANY TABLE OF CONTENTS 1. Construction Obligations......................................................................................1 1.1 Works of Improvement...............................................................................2 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval .............................................................................2 1.3 Intent of Plans ............................................................................................2 1.4 Survey Monuments ....................................................................................2 1.5 Performance of Work .................................................................................3 1.6 Changes in the Work..................................................................................3 1.7 Defective Work...........................................................................................3 1.8 No Warranty by City...................................................................................3 1.9 Authority of the City Engineer.....................................................................3 1.10 Documents Available at the Site ................................................................3 1.11 Inspection...................................................................................................3 1.12 Compliance with Law.................................................................................4 1.13 Suspension of Work...................................................................................4 1.14 Final Acceptance of Works of Improvement...............................................4 2. Time for Performance ...........................................................................................4 2.1 Commencement and Completion Dates ....................................................4 2.2 Phasing Requirements...............................................................................5 2.3 Force Majeure............................................................................................5 2.4 Continuous Work........................................................................................5 2.5 Reversion to Acreage.................................................................................5 2.6 Time of the Essence ... 6 3. Labor., 6 3.1 Labor Standards.................................... ....................................................6 3.2 Nondiscrimination.......................................................................................6 3.3 Licensed Contractors .................................................................................6 3.4 Workers' Compensation .............................................................................6 4. Security.................................................................................................................6 4.1 Required Security.......................................................................................6 4.2 Form of Security Instruments .....................................................................7 4.3 Subdivider's Liability...................................................................................8 4.4 Letters of Credit..........................................................................................8 4.5 Release of Security Instruments ................................................................9 1 5. Cost of Construction and Provision of Inspection Service..................................................................................................................9 5.1 Subdivider Responsible for All Related Costs of Construction...............................................................................................9 5.2 Payment to City for Cost of Related Inspection and Engineering Services ........................................................................ 10 6. Acceptance of Offers of Dedication,.............. ......................... ........................... 10 7. Warranty of Work....................................................................... ....._............. 10 8. Default ................................................................................................................ 10 8.1 Remedies Not Exclusive .......................................................................... 10 8.2 City Right to Perform Work....................................................................... 11 8.3 Attorney's Fees and Costs ....................................................................... 11 9. Indemnity............................................................................................................ 11 10 General Provisions.............................................................................................. 11 10.1 Successors and Assigns .......................................................................... 11 10.2 No Third Party Beneficiaries..................................................................... 11 10.3 Entire Agreement; Waivers and Amendments ......................................... 12 11. Corporate Authority............................................................................................. 12 2 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBD�WION IMPROV��AGREEMENT (this "Agreement") is entered into this /� day of 2005, by and between the CITY OF PALM SPRINGS, a municipal c poration of the State of California ("CITY"), and PALM SPRINGS MODERN HOMES IV, 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. 31940, 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 street and public utility purposes; dedication of abutters rights of access along Cortez Road, Zanjero Road, and Racquet Club Road to the public; easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots "B" through "G", inclusive; an easement for emergency access purposes across a portion of Lot "J"; easements for public utility purposes, including sewers, shown as "5' PUE" along and adjacent to Lots "B" through "G", inclusive; easements for public utility purposes, including sewers over Lots "H" through "O"; and City desires to accept said dedication and certain other improvements as 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 public dedications and other improvements, as described in this Agreement, are a material consideration to City in approving the parcel 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 Obliqations. 1 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $934,300.00. 1.2 Other Obliqations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in whiting and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 2 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Chanqes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Enqineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as 3 direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After 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 4 Improvement thirtV (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasinq Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreaqe. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdividcr recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 5 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. 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 SecuritV. (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"): 6 (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $934,300.00 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 $467,150.00 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 $6,450.00 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 $140,145.00 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 arnounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that 7 Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given,pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, 8 issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as: required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment,of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a 9 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 Enqineerinq Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 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. 10 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the; parties hereto and their respective successors and assigns. Neither City nor 11 Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Aqreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) 12 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By James Thompson, City Clerk David H. Ready, City Manager STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: David Barakian, City Engineer SUBDIVIDER: PALM SPRINGS MODERN HOMES IV, LLC, a California Limited Liability Company By: KDS CORP, a California Corporation, A Managing Member 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. By: 0 F By: Signature (notaF✓rize'd) Signature(notarized) / Name: Denni&- . Cunninqham Name: Title: _ President Title: sss7f7 (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 13 Mailing Address: Palm Springs Modern Homes IV, LLC PO Box1587 Palm Springs, CA 92263 (760) 320-8773 (760) 320-8774 (fax) 14 11�- $ r� AM E RIC' ; Wo �•� 0 STATE OF CALIFORNIA } }ss. COUNTY OF Riverside } On 9/13/05 before me, Constance Gorsuch personally appeared Dennis A. Cunningham and Ernest 0. Vincent personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h d and ricial seal. Signature (This area for official notarial seal) Title of Document Date of Document ,/Z) No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY County of SIGNER On before me, Date Name, Title of Officer ❑ INDIVIDUAL(S) personally appeared ❑CORPORATE NAME(S) OF SIGNER(S) OFFICER(S) ❑ personally known to me - OR — TITLE(S) ❑ proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S) persons(s) whose name(s) is/are subscribed to the within ❑ATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed ❑TRUSTEE(S) the same in his/her/their authorized capacity(ies), and that by ❑SUBSCRIBING WITNESS his/her/their signature(s) on the instrument the person(s) or the ❑GUARDIAN/CONSERVATOR entity upon behalf of which the persons(s) acted, executed the ❑OTHER instrument. Witness my hand and official seal. SIGNER IS REPRESENTING: Signature of Notary 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 13E ATTACHED TO THE DOCUMENT Number of Pages DATE OF DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 15 EXHIBIT "A" TRACT MAP 31940 LEGAL DESCRIPTION Tract Map No. 31940, as recorded in Map Book , Pages through inclusive, records of Riverside County, California. 16 EXHIBIT "B" TENTATIVE TRACT MAP 31940 CONDITIONS OF APPROVAL 17 18 EXHIBIT A CITY OF PALM SPRINGS CONDITIONS OF APPROVAL Case No. 5.1020 PLANNED DEVELOPMENT 304 & TTM 31940 PALM SPRINGS MODERN HOMES IV, LLC NORTHWEST CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD JANUARY 19, 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, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1020. 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 foregoinq, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. 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 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 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. 6. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services 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. CC & R's 7. 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 not be amended without City approval, shall require fnaintenance of all properly in a good condition and in accordance will, all ordinances. 8. The applicant shall submit to the City of Palm Springs, a deposit for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. Cultural Resources 9. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 10. 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 shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 11. 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. 12. The final development plans shall be submitted in accordance with Section 94.03,00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, property development standards and other such dncurnents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 13. Maximum building heights shall be limited to 23'-2" measured from the building pad elevations, as specified in Tentative Tract Map 31940. If pad elevations are subsequently raised, maximum building height measurements will be taken from the approved Tentative Track Map. 114. 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 Services prior to the issuance of building permits. Manufacturer's cut sheets of ting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down- lights shall be utilized. No lighting of the hillside is permitted. 15. All roof mechanical equipment screening shall be painted to match the buildings they are located on. 16. Street trees and other trees and shrubs shall be densely planted along the Racquet Club Road frontage. They shall be included in the detailed landscape and sprinkler plan to be submitted to and approved by the Director of Planning Services or designee. 18. Additionally, the shade structures that cover the guest parking, adjacent to the retention basin, shall be softened with the addition of vines. 19. Resident only pedestrian access gates shall be included in the perimeter wall at the end of private streets "E" and "F". GENERAL CONDITIONS/CODE REQUIREMENTS 17. 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. 18. 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. 19. 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. 20. All materials on the flat portions of the roof shall be earth tone in color. 21. All awnings shall be maintained and periodically cleaned. 22. 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. 1 he 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 or the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. Parapets shall be included in the wed building height. 23. No exterior downspouts shall be permitted on any facade on the proposed building(s) le from adjacent streets or residential and commercial areas. 24. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 25. 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. 26. The street address numbering/lettering shall not exceed eight inches in height. 27. 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. 28. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 29. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 30. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 31. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 32. Prior to the issuance of building permits, locations of all telephone and electrical boxes ated 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. 33. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 34. 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. 35. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 36. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 37. Any parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 38. 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. 39. 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 40. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. Waste Disposal 41. Trash cans shall be screened from view and kept within fifty (50) feet of the street. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1, Prior to any construction on-site, all appropriate permits must be secured. FIRE 1. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or load fronting the property. (901.4.4 CFC) 2. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). 3. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 4. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323- 8186 for a KNOX application form. (902.4 CFC) 5. Vertical' Fire Apparatus Clearances: Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) 6. Entry Gates: Entry gates are required to be a minimum of 15 feet in width. 7 Road Design: Fire apparatus access roads shall be designed and constructed capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) 8. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If parking on one side of the access road is desired, provide an additional 8 foot wide parking lane with opposing curb marked red with appropriate signage for a total 28 foot width. If parking on both sides of the access road is desired, provide an 8 foot wide parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC) 9 Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 20 foot clear width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. (901.4 CFC) 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 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of building permits. CORTEZ ROAD 3. Dedicate an additional right-of-way of 30 feet along the entire frontage of that portion of the property identified by Assessor's Parcel Numbers 504-140-005 and 504-140-006. 4. Remove and reconstruct the existing cross gutter, curb returns, and spandrels located at the intersection of Cortez Road and Zanjero Road as necessary to facilitate the relocated alignment of Zanjero Road. 5. Construct a 6 inch curb and gutter, 20 feet south of centerline along the entire frontage, with a 25 feet radius curb return and at the southwest corner of the intersection of Cortez Road and Zanjero Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206, 6. Construct a 32 feet wide driveway approach for the main entrance in accordance with City of Palm Springs Standard Drawing No. 205. 7. Construct a 15 feet wide emergency access driveway approach located approximately 85 feet west of the northeast comer of the property in accordance with City of Palm Springs Standard Drawing No. 201. 8. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210, 9 Construct a Type C curb ramp on either side of the main entrance in accordance with City of Palm Springs Standard Drawing No. 214. 10. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire Cortez Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. RACQUET CLUB ROAD 11. Easements shall be granted for any portions of the sidewalk that leave the public right-of-way 12. Remove and reconstruct the existing curb return, cross gutter and spandrel as necessary to facilitate the relocated alignment of Zanjero Road. 13. Construct a 5 feet wide sidewalk along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 14. Construct a Type A curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of Racquet Club Road and Zanjero Road in accordance with City of Palm Springs Standard Drawing No. 212. 15. All broken or off grade street improvements shall be repaired or replaced. ZANJERO ROAD 16. Acquire an additional right-of-way of 20 feet across that certain 33 feet wide parcel of land identified as a Whitewater Mutual Water Company easement adjacent to the property as necessary to provide an ultimate right-of-way of 50 feet and to facilitate the relocated alignment of Zanjero Road. 17. Remove the existing curb, gutter, and spandrel located 5.feet west of the new street centerline and construct a 6 inch curb and gutter 15 feet west of centerline along the entire frontage, with a 35 feet radius curb return and spandrel at the northwest corner of the intersection of Zanjero Road and E. Racquet Club Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 19. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire Zanjero Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. PRIVATE STREETS 20, Dedicate easements extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposes, and for service and emergency vehicles and personnel, over the private streets. 21. Street "E" shall be constructed with a modified "knuckle" as necessary to provide adequate site distance at the 90 degree turn, as approved by the City Engineer, with details to be worked out between applicant and staff. 22. Street "E" and Street "F" shall be realigned to intersect at a 90 degree angle. 23. Construct a wedge curb approved by the City Engineer, 12.5 feet on both sides of centerline along the entire frontage of the private streets 24. Construct a minimum pavement section of 2% inch asphalt concrete pavement over 4 inch crashed 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 Geotechnical Engineer using 'R" values from the project site and submitted to the City Engineer for approval. 25. The gated entry design shall be reviewed and approved by the City Engineer. Submit a detailed entry design showing storage lanes and maneuvering areas. Include standard vehicle and truck turning radius track lines on the detail. Sufficient storage shall be required (50 feet minimum) for vehicles entering the gated project, and a turn-around maneuvering area shall be provided for vehicles unable to enter the project. Final design shall also be subject to review and approval by the City Engineer. SANITARY SEWER 26. SubHiit sewer improvement plans prepared by a California registered Civil Engineer to the Engineering Department. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 27. Construct an 8 inch sewer main within the on-site private streets and connect to the existing sewer main located in Zanjero Road. Existing sewer laterals to the parcels from Cortez Road shall be plugged and abandoned. All sewer mains constructed by the developer and to become part of the public sewer system shall be televised by the developer prior to acceptance of the sewer system for maintenance by the City of Palm Springs. GRADING 28. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The 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. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering publicly utilized streets, roadways, or gutters. 30. 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. 31. 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. 32. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division Prim to approval of the Grading Plan. 33. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 34. Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Preliminary Hydrology Report for Tract Map No. 31940, prepared by MSA Consulting, Inc., dated June 30, 2004 (as may be amended and/or revised). The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site stormwater runoff and management of on-site stormwater runoff, as described in a final Hydrology Report for the development, as approved by the City Engineer. The preliminary Hydrology Report for the development shall be amended to include catch basin sizing, storm drain pipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 35. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 36. 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. 37. All proposed utility lines shall be installed underground. 38. 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. 39. 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. 40. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transacting, shall be installed underground unless specific restrictions are slwwn in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. The existing overhead utilities across the south property lines of the properties identified by Assessor's Parcel Numbers 504-140-005 and 504-140-006 meet the requirement to he installed underground. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present ils case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the developer prior to issuance of any grading or building permits. The applicant is to provide sufficient information to the Engineering Department in order for staff to verify whether the existing utility poles are on or adjacent to the applicant's property. 41. 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. 42. 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. 43. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 44. 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. 45. In accordance with Section 66434 (9) of the Government Code, the existing 30 feet of right-of- way for the west half of Zanjero Road dedicated to the City through a grant of right-of-way, recorded as Document No. 9639 on January 15, 1979, may be abandoned upon the filing of a Final Map identifying the abandonment of the portion of right-of-way for Zanjero Road granted to the City of Palm Springs. Prior to approval of a Final Map, the developer shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public right-of-way to be abandoned. Prior to approval of a Final Map, the developer shall provide to the City Engineer a letter of approval regarding the proposed abandonment of the portion of Zanjero Road right-of- way from each public utility agency. The acquisition of 20 feet of right-of-way for Zanjero Road across the easterly portion of that certain 33 feet wide parcel of land identified as a Whitewater Mutual Water Company easement adjacent to the property shall be obtained prior to approval of a Final Map and abandonment of the existing right-of-way for Zanjero Road, 46. In the event it is determined that a public utility or public agency requires the use of, now or in the future, the subject portion of Zanjero Road right-of-way proposed for abandonment, a Final Map will not be approved and the proposed development will require reconfiguration, redesign, and resubmittal, including processing of an amended Tentative Tract Map through the Department of Planning Services, as required by the Director of Planning Services. TRAFFIC 47. A minimum of 48 inches of sidewalk clearance shall be provided around all above-ground facilities for handicap accessibility. 48. Street name signs shall be required at each intersection, as required by the City Engineer, in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 49. A 24 inch stop sign with standard stop bar and legend shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 at the main entrance and Cortez Road. 50. A 24 inch stop sign with standard stop bar and legend shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 on Cortez Road at Zanjero Road 51. 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. 52. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. i ATTACHMENT RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31940 FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS MODERN HOMES IV, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY WHEREAS, the Planning Commission, at its meeting of December 8, 2004, recommended approval of Tentative Tract Map 31940, prepared by MSA Consulting, Inc., representing Palm Springs Modern Homes IV, LLC, a California Limited Liability Company, for the above described property; and WHEREAS, the City Council at its meeting of February 2, 2005, approved Tentative Tract Map 31940 subject to conditions; and WHEREAS, the westerly 30 feet of Zanjero Road within Final Map 31940, is to be abandoned pursuant to Section 66434 (g) of the Government Code; and WHEREAS, the owner offers for dedication to the City of Palm Springs Lot "A" for public street and public utility purposes; dedication of abutters rights of access along Cortez Road, Zanjero Road and Racquet Club Road; dedication of an easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots "B" through "G", inclusive; dedication of an easement for emergency access purposes across a portion of Lot "J" as shown on the final map; dedication of an easement five feet in width for public utility purposes, including sewers, shown as "5' PUE" along and adjacent to Lots "B" through "G", inclusive; and dedication of an easement for public utility and sewer purposes over Lots "H" through "O", inclusive. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 1. That Final Map 31940 is in substantial conformance with approved Tentative Tract Map 31940; and 2. That requisite conditions associated with Tentative Tract Map 31940 have been satisfied; and 3. That Final Map 31940 is in conformance with the General Plan; and 4. That Final Map 31940 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the abandonment of a portion of Zanjero Road dedicated as a right-of-way granted in favor of the City of Palm Springs, recorded January 3, 1979, as Resolution No. Page 2 Instrument No. 1468, Official Records, lying within the boundary of the map, is approved, pursuant to Section 66434 (g) of the Government Code; and 6. That the offers of dedication to the public on Final Map 31940 shall be accepted by the City Clerk of the City of Palm Springs; and 7. That the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement with the subdivider and to accept subdivision improvement security in conformance with the requirements therein for construction of required public improvements; and 8. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 9. That Final Map 31940 is hereby approved for purposes therein defined. ADOPTED THIS 19th day of October, 2005. 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 October 19, 2005, by the fallowing vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California