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HomeMy WebLinkAbout7/20/2005 - STAFF REPORTS (14) P LM Sp4 iy V N '4 Y Cp4IOf]iE01>' cgC1FORlN�P4 City Council Staff Report CITY COUNCIL JULY 20, 2005 CONSENT CALENDAR Subject: APPROVAL OF FINAL MAP 30046 AND SUBDIVISION AGREEMENT WITH CRV MONTE SERENO LP, FOR 89 SINGLE FAMILY HOMES AND 6 OPEN SPACE LOTS, LOCATED AT 1040 BOGERT TRAIL, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY MSA Consulting, Inc., representing CRV Monte Sereno LP, a California Limited Partnership, has prepared a Final Map for subdivision of property into 89 single family home lots and 6 open space lots located at 1040 Bogert Trail, in Section 35, 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 89 single family home lots 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 30046 FOR PROPERTY LOCATED AT 1040 BOGERT TRAIL, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH CRV MONTE SERENO LP;" and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: MSA Consulting, Inc., representing CRV Monte Sereno LP, a California Limited Partnership, submitted Final Map 30046, requesting that the property Item No. 2 . G . City Council Staff Report July 20, 2005 - Page 2 Final Map 30046 located at 1040 Bogert Trail, in Section 35, Township 4 South, Range 4 East, be subdivided into 89 single family home lots, and 6 open space lots on a 50.43 gross acre site. At its meeting of October 9, 2002, the Planning Commission recommended approval of Tentative Tract Map 30046, which was subsequently approved by the City Council, subject to conditions, on July 30, 2003. Tentative Tract Map 30046 includes abandonment of a portion of public right-of- way in accordance with Section 66434 (g) of the Government Code. Specifically, it is proposed that the remaining portion of Avenida Marbella be abandoned that the City acquired through condemnation proceedings, as a 50 feet wide public roadway easement used in conjunction with the construction of the Bogert Trail bridge (judgement order recorded November 4, 1984, as Document No. 248490), which was never fully constructed and open to the public. Amended Tract Map 18087 created 10 single family lots adjacent to the west side of the Palm Canyon Wash, which took access from this public roadway easement, however, the public easements within this portion of Amended Tract Map 18087 were vacated by the City in 1995, and the parcels were merged through a Lot Line Adjustment approved by the City that same year. The subject portion of Avenida Marbella to be abandoned served only to provide a public easement for an existing sanitary sewer line, which is to be relocated as part of this development into new public easements through Final Map 30046. It has been determined that required conditions have been satisfied, that Final Map 30046 is in substantial conformance with the approved Tentative Tract Map, and that Final Map 30046 is ready for City Council approval. Submitted: ffL David J. Barakian Director of Public Works/City Engineer Approved: David H. Ready " City Manager ATTACHMENTS': 1. Map 2. Subdivision Agreement 3. Resolution IN THE CTR"OF PALM SPRINGS. SHEET 1 OF 7 SHEETS OWNER'S STATEMENT COUNTY OF RIVERSIDE, STATE OF CALIFORNIA RECORDER'S STATEMENT WE'ERCE,Sill.WE ME THE CWHERS OF SHE 1PND IxLWPEI.1.THE SLBDMSIpN TRACT MAP NO. 30046 FEL THE MT OF .2p SVOWN HEREON:TUT WE ARE THE Mlr PwsaHR WHOSE CRNSENT IS NECESswY TO 1.n BEING A SUEOIVISION OF A PORTION OF THE SOUTHEAST QUARTER OF aF NMs SUBOAB.T111E TO Sup IMB: TUT WE CORSETT TO THE MnKING MD REcaaDlrvc OF THIN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.S.M. R PncfS AT THE REW3 OF THE Cm L1ERK SUES MLE TD_UB L wRNIN THE OISTNCRJE E O HR TINE MSA CONSULTING, INC. JANUARY 2004 OF ME cm OF PAW SPRINGS. WE ERS.N ME E TO OF LNG USE AND OBNR MR PUBLIC N ADD PURPOSES,INCLUDING SCR PE.WITH ME O OF INGRESS µ0 EGRESS FOR SAE SNOW µ0 EMERGENCY VCHItL£5 NO nND PETaaxxu.DVER Los"A-THPOwx T•,IrvcWSM,As sxowx XTTxw THIS MAP ENGINEER'S STATEMENT FEE WE HERESY OEOIGTE M PUSUG USE FOR PURER MU PURPoSCS,T10SE EASEMENTS SHOWN CV{1 L ORSO.COENry ASSESSOR-GIST K-RECOROFA AS 10 PUE"AIDNG µO MJLLEM TO PIL PRNATE SIR2l5,M SHOWN WHIN THIS NM MS NM Wµ FREWREII 5Y ME OR HOER MY DIRECTION MR IS OMEN UPON A PER EUR✓M IN CONFORMANCE SON THE REOUIRENd+S OF ME SEBBMSION HIMACT AND BERM WE HNSBG`SESSION TO DUMB USE FOR PUBLIC MTM PURPOSES,EASEMENTS SM LOOM ORDINANCE AT THE RFQUF OF CW MONTE ScTwG UP,ON JULY Z.M0 I HEREHT EVLOM910N GVA11.111IF£US.-J"THROUGH"O:IN LUNNE M SHOWN SEWN MIS MAP. STATE MO FN MOP SUBSTANIVlLY WNFORMs M THE CONBRIOX4IT Aopapyw TpJIATVE TEAT MU-MONVMENIS MCC HEREON ACTU1llT FERf µS UBUN POSTIIONS ME LORRECRT SHOW OR WILL BE IN ACCORDANCE WITH THE TERMS OF THE MONUMCTR ORANGE C Sf TOLE..l. WE HwE3!OEl]IPAIE TO PEBEL USE MR SEWER PURPOSES,ME 2p'X1pE SEWER FASFM EM gNP. M f➢ft lHls AV µp 1HAi SAID MONUMEMS WILL BE SVFFlLIEM MENABLE WIN!➢IS"K "P "O.1.R,3 AND 13,/5 SHOWN WRXIN 1H15 MVP. 1HE SUR✓7 M BE RIMSMES ME SURYEY IS TRUE AND COMREIE M SHOW. Xz ROGER OMICS E TO PUBLIC USE A 20'INGRESS MD SCREEN EMwwT CORE LOT"N"FOR M TAX COLLECTOR'S CERTIFICATE aNFIRMCE OF LOT . M EP]i QnCfEBIIOu. XE RENCE'DEDCG c TO PUBLIC ME FOR OPEN SPACE AND STORM UPARME PURPOSES LOT N "F "R M SHOWN WITHIN 1HIS MM g e O I HTEH!CENMf TTAT ACCORDING M THE RECORDS OF THIS CRUCE AS OF THIS MTE. ROBERT I SM. SCE 26W I o C 1 ty s m THERE ME NO LITERS MMV ME PROPERTY SHOWN ON ME WITHIN MN FOR UNPNO STATE WE HERESY DERIOMER M FORM USE A 20'FISEMERF ROSE LOT M'MR WATER T BNHISSION EEC.EKP]/]1/O6 °' C2NW1 ^ DUES.,WHICIPIL OR AMA_.OR SPECVL ASSESEMEMS COLLECTED M TAKES.IXLEPI PURPOSES M SHOWN ON RM MAC. OR SPELUL ASSESEMdls COLLEOIE➢M TME5 NOW A UM MT NOT YET PAYIR+{ 5A2 E a .ICH ME FOR.M BE f WE MONEY RETNN LUM"A"THROUGH T",INCWSTVE M ILRMM➢AS ERNAUF STREETS" :YA OIY l�' Z� PAUL MCDONNFll HER PRNATE USE MR ME HULL BENEFIT OF OUREMSE,OUR SUCCFSW RE.MENN65 µ0 F OF CALLMOA SLURRY M DD COLLELLOR IM OWNERS WITHIN M.. RY: DATED: M WE MOSS' RTIA+N FOR SASS ORAH E'"CEs THE 20'wm I.W O M.PDr.MR ME CITY ENGINEER'S STATEMENT DERInY -J'REF Y"MD M EYS£MFM OJER TxpsE.. NIS AND .AS M.PUG,FlTR R U soLE awFlTr GF OERSI].VES.OUR E+ccEssDRs,AvcmxEEs MD Lnr Owxvrs wnnlry Tnls MM_ I MR S,SGTE T+Wr I NAVE IXAMIN.THE WITHIN MM OF TUMC MM NO.U.. WE HEREM RETNN FOR DR...IS AND VNpsCAPE ANO PURPOSES,1.-r CONSIS Bx Cl T GEETE THAT MR MECONSION SHOW HEREON IS NBMN Y THE MROUGH M-. NCLUN E FOR TIE SOLE BEREFT OF OURSeV3,OUR SUCCESSURE.WEIGHERS yME M R"..ON CEE TEMATNE MM OR ANY MPC..LLTER .M MENWE TAX BOND CERTIFICATE MD LUT OWNERS WITHIN THIS MOP, THAT WILL ERWISIGNS OF THE STATE SUBLIMMON MAP ACT MO MT LOCAL ORDINMCEs CRV MONTE SERENO LP, A CALIFORNIA LIMITED PARTNERSHIP M T T I ABP CABLE WN TMEATEREn n T EM UND IS iFc�LA-Py CURMCC BEEN mupuBO wlaE. I HEREDY CwpnT ABOND IN ME SUM OF S ws BEEN E%ELVEE➢AND DOE WITH TIE BOARD OF SUPERl50R5 OF TEE CDUNIY OF NNERSDE, SO CAPSTONE REBGBHB Y VSHOURE O,(GP/yGN1E SERQIQ)LOG• OATER 2O C MRNA CONCRIONEC UPON ME PAWRNF OF ILL TA%6,SGTE NUNIY,MUNILIE.V.OR A DEV.•RARE Nyflm DIBBIOIY G P NV,R$GpIr�EY PMLNQI WGL AND ALL SHECUL ASECOEBEMS COEECTE➢AS TAKES,WHICH AT ME THE OF RUNG M TEES MW—ME COUNM1 RECORDER ME A MEN MMNT EDD PPWERIY BUT NOT WET PAYARL µO MD BONA AS BEEN WLY MPRPED BY SVD BOMB OF sUPE.MEORS <U:CAPSTONE REST ENOR&VENTURE XpO COIGROS A DFIAWME CENSER.PAQMERSHIP.IR SOLE MPIBQt BAVID J BWAKWI RLE l/G, pATEB. 2n_ cm ENGINEER IXP.3/]1/DT C45x T.BONS EST:CWSNNE R UU Z)LUBU LL0, Nwm RaMmD PAUL MCBONNUL A DEUWARE llMftEO LIIBILIIY CdIPANY.TT5 OPFAAiiNG YEyBER cLgK TD THE eOMD DF suPE1M50Rs couxrc TAX cpuECIDR B: S, BY: D"B, AIs aolM•as;SOLE yEyBEH CITY CLERK'S STATEMENT TRUSTEE STATEMENT m LURK MO EX-OFFCIO ASSESSOR OF THE Cm COUNCIL OF THE CRY OF PPNA SPRINGS,STATE OF GLFUMB,HEREIN EFATF MAT INS cm NuxaL AT WN ABANDONMENT NOTE SEND.MEEND.NES ON ME RNT OP z0 DO, CXIGGO MIR COMPANY,TNSIEE UNDER REE➢OF MUSIC RELORBED MPR3,BER 16.SUM.AS APPROVE ME WITHIN LIM OF TACT MJ NO.EDDIES,µ0 OID MCEPF M BERME OF TIE pERNµF TO SECTOR 66AA4(G)OF ME EUBOMSION NIP ACT.ME FlEXC OF MICE WP INSTRUMENT M.20 WT37W 6C OPPI RECORDS OF RIVERSIDE COUIM,GUFORNV. PUOUC TEE OFFER OF DE•TIPATON OF EMBUSUTS CIRS MOON"A"MODUCH'I',LNG.MS SHNL CONSTIME MSSM N) F M TIE BOUHN N OF T. MM.IN MFSE F15EMEN6 OFFEFEN MR PUBLIC MLM PVRPoSES,INCLUDING SEWERS,IOGERIFR WITH TIE ftIGHF OF CRNFFF M MR`US PMN6 FOR VARIWS PURPoEES HESERhT PER INSC NO.SUMAC NEC. CHICAGO TORE CCMR Ny INGRESS I.SCIE FOR MOORE AND EMwCwCY VEHICLES.TIE BFFER OF RN IGTON A CWFRMUIN TORE NYI OF WE EMENERE SHOW AS'10 PVE",OFlJiE➢FOR PEBEL MUTY IMME6,TIE OFFER 5/21/6R,INET.NO.5GRR.REC.5/21/69.NET.NO,ME75.REC B/13/69,INNC W. OF OEBIGTOX OF ME SORENESS MRO4 LOPS"J"THROUGH'N INLWSNE OFFEAw FLIT MCIN,REC.5/29/74.µB SHOWN ON ME 39/56-59,ALL OF O.R. TOME FASEMENS PUBLIC MR.PURPSSER M'D TIE OFFER OF 0©IGTUN TEE 20'WIDE SENSE GS.... BUNG U.N.MAX µE NOT SHOWN ON IHIE MAP. BY BY OFFERED FOR NIS EN PURPOSES OWN LO15"IC,"E FUI 1,2,AND 3 NL M SHOWN HEREON. WE HF'MA ''USED'1➢SECTOR BNPN-)OF-1 EMB N"M MAP ALE.ME EW EASEMENT FOR POM PURPOSES AS RESORTED PER[NBC NO.NINU,REC.I1/4/RS DR,LONG WHIR TiE BOON WRY OF MIS NIP,µp NOT SHOWN HFltEON. NOTARY'S ACKNOWLEDGMENT ME TEMAT ,MM FOR wD w, CT HIP WAS MPNLCNF RY THE Cm GMNLL AT WS SOILS REPORT ROCROM M2THG N¢ ON THE SIR oar OF MOGEN.200E SEE SHE£T 2 - PUBSUMT TO SECOM 66190 OF THE EMOSEBW MW MC A PRENMINNY SORE pFTm zO REPORT,FI NO 06 -n 639-01.02-109,ER AS IN..By FARE,sSBMs M • W Cm NS.C AND FINE RcIO AS1.OR CF THE OCTMER 2B.z 02,MD ISO RULE IN ME GROUND DEPARIMEM OF THE GIT m IL OF THE cm D. sPBI.. OF PALM SPRINGS.RwNRMA_ :SIGNATURE OMISSIONS SHOT z J.N. 1634 L�A SHEET 2 OF 7 SHEETS IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA TRACT MAP NO. 30046 BEING A SUBDIVISION OF A PORTION OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M. MSA CONSULTING, INC. JANUARY 2004 SIGNATURE OMISSIONS MN,M N M sMrM 6 M(A)AND(c)0=ME EDI,B."N ME,A<r.ME"S MGE OF ME F.AMG RIMBER'S of ErsEMENrs AND/OR OMEN wOxEss NAVE BEEN MUTED YERIJON.RE.ER OF µ FOR R PoE ANDER E RIFE D ONBGROUNp AISR .PER . ND. M9AM RED I]/9/65,O.R.AND INST NO 4AMIO,RE_12/B/M.OR EASEMENT NOTES PURPOSES MAE C ON HOOD CDNRNL OI HDE➢ER OF AN CAI FOR RMO LONFRAI PURPOSES,PURPOSES,AS S 5}1pXN ON RC FC R/Y/WJ N0.6-10.5 µ ASO..By EEC IN BOOM.IN FAVOR OF ME CRY OF PALM SPRINGS. NUMEM"GONII E➢ISON,XDIOER OF AN EASEMENT FOR PNRLIC TARSI"AND IISEPSTK FOR VNDFERAMRO SEVER M.M.PER INOC NO,I..RE,1/5/S,D.R PORPoSES PER INST NO.ADDS RED 5/29/Jt,OR.AND IN .NO.G,UDl RED 1/I6/91.D.R Q AN FpSp,I.]R 15'FFET IN WIpT{,IN FAWN OF TIE LIST OF p/1M SPRINGS. FOR UNDERGROUND SFNER PURPoOE.PER INERT NO.1441.RED.1/5/66.OR AN F15FMENF 15 IN WIDM,IN FAME OF CRY OF PALB SPRING FOR R.UNE PURPOSES PER OR 95/264774 NOTARY'S ACKNOWLEDGMENT AN—EMRM 3D'M BI 1N FAWR OF DIIY OF 1.SPRINGS FOR EMEer AND PURUC UTILITY BUR?EN PFR O R.66/99693 SIAIE OF fltlf➢RNIA ) 5Q AN PAREMEM IN FAWR OF SOUTHERN CW P.M.MINOR MR POLE USE M'D UNDERGRWND DORI OF )4 Mflry PURP056 PER.,J4/SARIS. MR EMON SP OF FORE ME © AN EASEMENT DF I.S.MISM IN R OF ME C FAMRY P.VA1 RINGS ANNOiMY PURUC IN pN0 FDR YJp STAT BEE,PEOSGW.LLY MPEAREp CONTROL PURPOSES PER O.P.65/2M19O OONALLY KNOWN l]NE(OR pRO�TO ME ON lHE BI515 OF 51POFACEORY MpENM) Qj MA ME\SRRLY RIGM-OF-WAY OF V.S.MDM,IN"DA OF B.I.fAVNM1 Fl➢OO TO RE THE P0.SM(S)WHOSE NABI IS/ARE SUMMONED TO ME WDXIN INSTPUNEM AND CONTROL FOR N1%ID CONEROL AND INCIOEMIL PURPOSES.AS EXGWN ON RCP, ALKNOWLFLGED R1 ME TNT HF/SHE/MEY IXECUE➢THE EAME IN HIS/IER IUGR AUMOUSED R/W MA,NO.6-1 G5,F.S.J]/"AND RS.1p3/OS-92.At OF O.R. GPACTY(IEJ,AND TUT BY HIS/MER/MOR SIGNAMBE(5)ON ME INSUMMENT ME PFRSON(0), OR ME F VPoN MNAGN ME FAMONS)ACIE,IX10.ME Il6lRVMEM. AN EASEMENT.6'IN WIOM IN FAVOR OF VERSION,S UG.R IN INIEREET TO CWEUMM WATER AND TEIPHONE DOMPMT ME PUSUC UPI FN PFR OR 65/IG MY W SSION.AND NY pgINCWAL PILE OF S COUR-5 B WRNE4MMY WND µO OFFlC4L SJ.L <OUNM1. > AN FALINE AN IN FAVOR OF VeAI2ON,yVLCEEOOR IN R GE. TO GTE.(UNPL N INC.fql POLE LINE AND UNDERGROUND MLIII'PVRPoSEE,PER O.R.9G/4>]Olp.(VNPLOTIBUE) NOTARY PROUD IN AND fO Y SFAIE (PRIM NPNEJ 10 AN E/SELEM IN FAWR OF SOUMERN G FORNII EU EM MR WRAC U URES AND PEER NAL PURPOSES PER O.P-II/EMUS.(U IMMABLF) NOTARY'S ACKNOWLEDGMENT STATIC OF GAu RNN ) OGMN OF OR US URE ME A NOTANY PUBUC IN µD MR SVB STATE PN6ON}1Y MpEWED PF`250NA1LY KNOWN N ME(OR PRUhD io ME pN ME BLSIS OF SAI6FACIOM ENpfNDQ TO BE ME PEASOI ABUSE NµIE(5)E/µE SUBSCRIBED TO ME EUND INSMUMEM µD AGMSARF➢GEU TO ME MAT XEtSNE/IHl MAGUND ME AA,IN MIS/MER/MEIR AV ,ED VPALRY(1FNS ARE TNT B!XIS/MFA/TNM SIGNAMRE(5)ON ME IIEMUMFUT ME PERSON(5). OR ME d UPON WHICH THE PERSON(5)ACTED,ENE1.ME INERMIAIM. MY LOMNISSON IX1I16 MY PRINCIPAL MADE OF BUSINESO WT .MY 1UND AND OFFlCKL EFAL IS caUNrc norARY PUSUG IN NU MR EAD STATE (PRMT NAME) 0- .N. Mu LJ� IN THE CITY OF PALM SPRINGS. SHEET 7 OF 7 SHEETS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 30046 BEING A SUBDIVISION OF A PORTION OF THE SOUTHEAST QUARTER OF Off. SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.S.M. MSA CONSULTING, INC. JANUARY 2004 CURVE DATA uo paC� ti.se,oe E 24e1 zP 1//«s.c IF 45173 Lz,Qj®W moo tm .�l„�� tao oo N �L O00 o0 28 _ 27 2 fs 25 24 23 - s=S��� eF 1.4e IF to - JR s„ ee Hi511 IE vt I to C,e < "y C,5 ,1vlef,' E]5o I,oiw nJ3 L13 so 2 - pt o.m' t noo— Ct) OR 'may b x evs , Ef'LOT RF'oo at' SELLA VISTA —,,I--- —F�eo -EPr-zem t�--- o F c° o Pxxr m $iL a '�9FF j 37 _ 38 le ies'i, a 45 - 46 rn i� o 185T7 SF E0 teos, 91 o10: LINE DATARE oiernvcE s;'wr` .a„ z 1,000 ass'" I ® w 0 IN 3ml Nn ry xf...� W P� o ,s. . 3 en ,e36 = 39 "gal I _ W ss „ :F - ,ss. da 44l $ryl ,e eoo fF 47 = :Pz;'•u w $5 F la zz� I � m W e,w te-, . P 10 LU31 5Io P�F 1I 35 40 Rc 1< x x ar:rsc F I^" l n to'FxE cl 4a3 F. z 48 e 1;, VIA DIAoO 11 efssse F"o LOT ea = 32 &eIF -R, 1. ` 1 i 31 12 ff yF9. � o0ai" x33x1' 34 °; 41 an - 42e 49 v WiP6R0.53JJ06n P. = ,.., S➢ �Oo z_ o fo. F. a FI_P _ _ � nsa svanlfa x gi,e Eeeo os -- --------- F_fo J - SEE SHEET 2 FOR EASEMENT NOTES scN-E t'=so' ~ pnp.[alp Mo.2SO77 50 SEE SHEET S FOR ENONEER•S NOTES, PEn P.11H,@.9Si3`a-0,O.R. BASIS OF BEARING AM MONUMENT NOTES —1 ok J.N. 1a36 l�I LINE DATA LINE DATA SHEET 3 OF 7 SHEETS IN THE CRY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA �. TRACT MAP' NO. 30046 OG,. pew, qI® BEING A SUBDIVISION OF A PORTION OF THE SOUTHEAST QUARTER OF a �g I�%, e�1` �®%I®a= SECTION 3CONSULTING, INC.N JANUARY 2004e.M. INO uoo'oo�E ®C wT ON sr3s z2..E zsp siT 4�a :' urE - ENGINEER'S NOTES e eiw:n E'K,". Rpl LIST•o• ;,/ a Va'Fc 11 \\� ---.> ' oux 8t515 F F OFMENG FOR THIS MV Is THE NORTHERLY LINE OF THE COLWR FST 50.6. ��.' 91i] y y (EW II' m Az9 a= IYb TI]pu aVAN1ER OF sECROx 3s.TAKEN As ry e9'SO'32'E.PER RECORD OF SURVEY SHOWN 6) 95 ale IN ROOK 10.PACES e5 TNRN 92,UX 1 R1I OF NPMMGE G.IJWP. 7 Pb� - , _ LaT�F• BSI A VISTA _ - IF INmurEs FROND MONUMENT As.. W a6� °W VIA TflA DIIILO �GI(`t o INDIC4T5 SIR I- P.RUSH,BUDS.2fi4D1,UNLESS NOTED OTHERWISE O LOT OP INOIGTE$SE!1-1 RA/e•R DISK STAMPEp R C E 26401,fLVSH. T4Z Ta xx x N IN AC PAYT(RN CO-SIR TYPE EW MON) F e ¢ 11 dock /W0w VU HADOLEOT•E• M_pNTE VE90E II a 00 Gn� (-) INSCONS RECORD MTA PER RS 77/53.OR,UNLESS NOTED OMMOSSE @;^ -='- I-I INDIGIES RECORD OVA PER RS 103/35-92,OR.UNLESS NOTED OMORWISS d® ®®o wILQ v LVIT DI+ OUT P• F p W 'QQQ� >> <c-» INDICATE RECORD DATA PER MB.129/6]-69,O.R,UNIS NOTED OTXEFFERE (/, �� CURVE DATA ^IS�, --9 - --- 1 .x >% _ I-1 INOIPAE RECORD DATA PER PMS. 169/s-6.DR..UNLESS NOTED OIXERWISE I-) - L 4a4 ea •�� FUO -,n O p _ c-> INDIUTE RECORD DATA PER MD 2R/E21G.D.R.GIRES D.WHENCYBE ®� _,� pI e9<tNS E .1]T LOT•w aal A g _ 550� 1 [06 ME DENOTES PURR NDIM F/SEUEM MR PROUD 1f I PURPOSES,AS w �Po q,6 11 LOT' PER.xEREDn L✓` I_aD_+_, W/�6"® 1 ly9 cs se C L INDI.LENRRLINE QI ,. _ sf 12s000 15 ] 5 On -`-9^ o'. ® - R/W INDICATE flIGM-OF-WAY � I SS Q sMEv�x UNmO. a - 3z- ____ oM sE 1/ 5E.3a � 1IM SET NAIL NC E. D IN TOP OF ORB ON THE PROLONGATION CORNERS. OF ALL SIDE HO SO IN�p I'�FEB •K•s IPFx es s]/ems-sz)SE t/<°SEC03V_`' Pg'@j II Ia[ALPQd2b oab • I] IS28']]' x6si^_a 6805] ]�t STAMPED RCE 26W1,IN UN OF lXE FROM LOT CORNERS.SET NAIL PND TA4 IN zFeAS SIONT RE AT All ID.STAND ELS ERHEA PEE.PENOICUWi OR PP➢IFL TO CINIERLINE AS APPROPRIATE.STAMPED RCE 26101. Ms�4 6NOTE•LOT E I IS ER REMAIN PppQ� 1 1 2 1 gw ME OPEN SPACE IN PERPENITV SET 1'UP w11X PNCI PLUG M IPEDOGL RCE 261. SET NHL AND TAc IN EOGNO S ®`H 9 6a O A �lr hl-, F°OTNC 401,AS RCE 26401 °R NHL AND TAG IN FENCING S TT4{TAGGED p10 T- R.C.E.2fl401,AS APPROPRUT[AT REAR LOi WRNEPS.UNLESS CIHEfMISE NOTED, u'II cL N R/S PER «x 6 5_E_W 1ST» - •. / a as E® INV. TOTAL 6R055 PRG `A.43 ACRE ___E laso_, I�_ _ _3-s L1z _ ARENA ROD PER. Tmu NEr AREA-443T ACRES `BOGERT TRAIL "LET I LOT �> i\ ` 6O n A NUM6ERED MON MI 96P�fl \ Za w_\ `�r "_'Q"rv"It1NJDF�.D 4D,rn70.9®4U�P! OPEN SPACE R6 InTs PER N.B.12WJfE19�®�.®.R. 1 � '�w si r.\J PEP.R N.M. 21G/S2^401 IIISO se, am .�' aoa' 1 ``•i SC,; ;(, I G, SERE 1'-zoo' P SEE SHEET 2 FOR EASEMENT NOTES MONUMENT NOTES SEE DETAIL•A•J -------- DO M 1-I .W/FAVA PWC.,ED RCE 25LGR PLUSH.PER RS 77/55,OR \\ 1 1 1 1 I/OARITNA ROAD E PHM cM+rg1 CRr_ S M. -IF W/PUVC PLUG BTAWSO RCE 2MFR.ON 05'111 MON WELL.PER !. 1 1 I W� RS TT/53, R-ACCE A5 PTED SY COI 5W 1/a,NW 1/4,Cl 1/E SEC.35 E� _.W. LOT W' I JI 0 P➢.1" _W/TAC NAPES R E INAD,DL 06'IN MON WELL 1 \T/Uz1 a PER M 6P129/m-64 O.R,ACCEPTED AS MONORMIS ON C/L 1 afl Muppp PJlrtd1 _ ®9A�CdilM®TL9.890.9000t � OR SO RI 1 1/2 MFES DISC IN 1' U.STAMPER LS 255T.ON.0.1' ` aa'S"s•a, I[''W FD.®.29D/'M^n'901 O.W. yw PER Rs.AND 103/65-02 OR,KNCEVEL A5 C 1/4 CDR SEC.35 H (RJ 6 0 M 3 5/0'DRASS DISC IN 1'11.SAMem D-C 2551)3'.UP 0 N. N\jam PER R.77/53,NrD M5 103/65-92,0R.ACCEPTED PS E 1/4 COB FEE 35. p\5g 51. �,•66> 6LOOLDT-1 ELL E➢IFS AS PO p FD 3/4'IP.OFEN.ON 05'IN MCI W ACC p.y[�1!=eaL JU / RB ON C/L PER µE.215/32-50,OR.ADRESE TAG RCE 26401 '® " r`FT \ r N Nta ORrvs Wj m FD 1'IP.nwcED RCFC ,R W CD DR DE A GEF FD As HIOIE PRINT IN DETAIL VICINITY MAP •A• r • 5'LY WE OF CHPNNEL PER RCFC RRAMP NO 6-133 I_I sWE=1=too 0\ B N.1-LP W/AG RCE DE ARE.DI CA IN MON RSLL PER RS IO3/PR-92. OR.ACCEPTED AS B 1/4 COR SEC.35 \ ` J.N. 16X S� SEE SHEET 6 _ S, SHEET 4 of 7 SHEETS ¢ �s- 84 ��` IN THE CITY OF PALM SPRINGS, III 59 S0 8a `Oq,s //• st. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 1 tzaoo 78 Pu == \� 85 / au k ,FFT TRACT MAP NO. 30046 50,o au_ ,.ow sr 11 0 wE ze BEING A SUBDIVISION OF A PORTION OF THE SOUTHEAST QUARTER OF 'a su 65 c5 rsss I �JI SECTION 35. TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.N. a Pu[Ul�p ,8 °4�, /J .,"'�/ ��'�w / USA CONSULTING, INC. JANUARY 2004 tz=ss gI 58 J e MONTE AZUL wa 03 LOT C• s ,a,000 sr / ,2 ~,fie. /8 1 / ie. .� y'+ LINE DATA 1 z 1 �55� 79 z,. sr. 87 / Y I `i o01 taxe,sr % 4 �d she w I w 57 P® =" 112.sr. LOT'K' S x ,52 4p - ss I_ of w 88 a / �cY^.=` '�4 •�% stiJo 1 tzom +� sr M1. .y.�� A ` Q(g v rsss In -. z89s. mom' xar�al36/ / / ©_us,T �. L17 'i 21 se 53 !` of tassss. _ /�Qoo % 3 / `4m`�u, :sse:azE rs sr /V / s W?as sr `� numx CURVE illaDATA J o Pulaezas--�lxli /cj irxi y/ °• LOTW 11.li I.A >v' vex ,z„E 1v •e`er'• „��z>\-pl- �a v�^ c/ 5 1 1 �e17: - t�;oe x \Q o \-t-'�,z-- _ z NOTE LOT•p•IS TO REMAIN eciwi a ir`v'¢ s_ aomals z,, �sr. / x eig9e OPEN SPACE IN PERPETUITY SEE w 4 DETAIL A 5 ° �,s�,sr £ oo i x asss sa c nzw LOT M. LOT•L• a a, ca8Q7ePKEl (oPaAo z A _H BOGERT TRAIL �zscs ` ,r• t t. s. ®� z- a o,. L,z x° gyp•p a> sza ur ro ' cxe ,vH'1Y 5a 4Q.G+Jg.915768 _ ' �' rJ1 z-01 � .11 1. n,m s a �GF9 U.S.122127=.e4,O.R. �� Leh \\� �� N>pair M.LOT IS �w h�< 23 sw - x=Are dXmr�Tl -- \ ,9r3 0 \QEb 17 ea LOT-M. SEE SHEET 2 FOR EASEMENT NOTES zO Ili 1. DETAIL•A• SEE SHEET 3 FOR ENGINEER'S NOTES. s e r BASIS OF BE RNO AND MONUMENT NOTES sGLE t'=so' 1N.at 63A l� IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 7 SHEETS TRACT MAP NO. 30046 BEING A SUBDIVISION OF A PORTION OF TH£SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOWN, RANGE 4 EASI. S.B.M. USA CONSULTING, INC. JANUARY 2004 Illa esla'sx'E 2404-- x° uxE ur 9'E N0,3s' SE 1/4 SFL]e _ p 96�F ,zm° ,rs°m ,zo°o tLOT•O• vow ma zs,u - e(�ii6,4ti> t°vws sa�0 3 - I 18 - 17 - 16 - BS a4 qg �73 _ 12 z i o LINE DATA __J—L LOT•F• ——— BELLA VISTA m-zo°o .— x ea'ss'se-sz° pUE - _ is _ _s__--I ,— °u r ,ssagfL_ xe ss sz s,es>> ,zessa DO I I mRrvAr smEEr) xesssss'�F ev s, T ess t LU W s `$ jg a LOT•J• (• 1a w Mss 64 SI �.6.w55.. - ,.,.6¢a6sF - ,4.so 68 k = z°,sa6 sE x ess.v'w 1 M1 x aro4e4'E z+ase' W x erss'sb E as°oo / te) 11 ,m °: x sa',°,z E c66r W CARVE DATA 721 1 - zz 71 sF z+ ' ' u:ILI ¢ x zn LOT•E• i (sarvz.,s z> p ]O 9 LOT•F• �r c 14,400 s F a+°� -to+aw scuff sz s u a /xM1 82� w\'Ts0'I' '•.f °'PuE c%v// °4"-4 .•Fx s..+° :s'is e y „ f •¢m e \¢ > nR o eu4 '6 Ee 83 \E'er �/ j0 "'- '' k NOTE- LOT•R•IS TO REMAIN >oss 's(gss w�H / a OPEN SPACE IN PERPETUITY ETU sr 80;•^max 84 / 85 SttF _ SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR ENGINEER'S NOTES, BASIS OF BEARMG AND MONUMENT NOTES sGLE 1'a66' J.N. 1631 j l�� SHEET 6 OF 7 SHEM (x vsi m s z6w e6) a uxE OF IN THE CITY OF PALM SPRINGS, .F ze"o 0 s e,i,ssc a COUNTY OF RIVERSIDE, STATE OF CALIFORNIA - TRACT MAP NO. 30046 _ iznoo ,zo.00 z° BEING A SUBDIVISION OF A PORTION OF THE SOUTHEAST QUARTER OF <` SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M. 24usie sr E>a vs.a 5s us6z Er. „sm:r. - ,a.6o,sr- MSA CONSULTING, INC. JANUARY 2004 18 77e - I,.,vsr F°s __ LOT•F•_________ EELLA rzVISTA _ _ .es555r E ns7so ——x fissss5 c i — ,+egsssr a,esr sz' (=rerv- s asm x e 55 r ,max ,ao oo m P°E ( ,°'F- 0 F°E os 67 - 625 63 64 - 65 LINE DATA 45 - 46 s s ,5. :F. ,,. Iis= I 000 —GO 'IF 'IF ,ze 25 1.15 w ,5,.10 ~ _ sIC ol PxE - eg g ° =rys P -5 �75 74 clmv.i°Eso so ATn ,5�°° r47 17 s W a 71 Il 44 LE2 cO ,zow �^O xayssse --�--- --, aO, �\ ess MONTE VERDE W _ 011 2�11. 43 = ,..48 rz io'aue a°E 1 ,o r°E �,o Pic \ 1 w eI ,56a7�s, - ,S7Be� - �e 81 _ 82 ,e°re em -I ooz_I OF Er e z s 83 486 ?°59s _ ,5�ieE sa _ 80 h of „ 5r j84 0� is IT," :�i I z I ri wUP. ,.50:. o�eg gE =6 78 ,55F ^ �I 5. p Mp ,zos. s 58 19 85 Pxs sss79c 86 scc�r=fio' SEE SHEET 2 FOR EASEMENT NOTES a SEE SHEET 4 SEE SHEET 3 FOR ENGINEER'S NOTES, BASIS OF BEARING AND MONUMENT NOTES 14�9 J N 16]{ "1 TABLE OF CONTENTS 1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1(a) Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1(b) Mitigation Fees for Future Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.14 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.5 Release of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5. Cost of Construction and Provision of Inspection Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5.1 Subdivider Responsible for All Related Costs of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5.2 Payment to City for Cost of Related Inspection and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6. Acceptance of Offers of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 i f ir,-nP, 7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8. Default 8 8.1 Remedies Not Exclusive 8 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.3 Attorney's Fees and Costs 8 9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 General Provisions 9 10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10.2 No Third Party Beneficiaries . . . . . . . . . . . . . 9 10.3 Entire Agreement; Waivers and Amendments 9 11. Corporate Authority . . . . . . . . . . . . . . . . . . . 9 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of 12005, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and CRV MONTE SERENO, LP, a California Limited Partnership ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 30046, 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 an easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots "A" through "I", inclusive, as shown within the map; easements for public utility purposes shown as "10' PUE" along and adjacent to all private streets, as shown within the map; easements for public utility purposes over Lots "J"through "Q", inclusive, as shown within the map; an easement for sewer purposes over Lot K , an easement for sewer purposes 20 feet wide over Lots P , Q', 1, 2, and 3, as shown within the map; an easement for ingress and egress over Lots "J" and "K" for the maintenance of Lot"R"; and dedication of Lot"R"for open space and storm drainage purposes, including all rights, title, and interest thereto; and City desires to accept said public dedications 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 Obligations. 1.1(a) 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 $4 680,000.00. 1.1(b) Mitigation Fees for Future Improvements. Prior to the issuance of each residential building permit for construction within the Property, Subdivider shall pay those Mitigation Fees identified in Exhibit "C". The fee schedule set forth on Exhibit "C" applies for the calendar year specified on the exhibit. If permits are not obtained within the specified calendar year, the Mitigation Fees maybe adjusted in accordance with the final engineering spread study for"Canyon South,"as 1 approved by the City but shall not exceed the Consumer Price Index for Riverside County. Said Mitigation Fees shall be held in a fund for the specific purpose associated with each fee until adequate amounts are collected to construct the applicable public improvement. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer.The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's priorwritten approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 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. 2 f � _ 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.After examination,the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 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. 3 No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty 30 days following City's approval of the Plans ("Commencement Date"); and (ii)complete or cause to be completed all of the Works of Improvement two (2) years after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements,as the same now exist or may be amended from time to time, Subdivider 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 Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-314. 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 4 s'J 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 anyof 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 Reouired Securit (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below(hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement("Faithful Performance Security Instrument"), in the amount of$4,680,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument")with respect to the Works of Improvement in an amount equal to $2,340 000 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$13,350.00 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. 5 s _j (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)yearfollowing said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of$702,000.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California.Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (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 6 improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty(30)days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check,evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s)shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one(1)year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen(15)days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses 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 8 costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. 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) Ci(_;j 9 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 RECOMMENDED BY: David Barakian, City Engineer SUBDIVIDER: CRV MONTE SERENO LP, a California Limited Partnership By: Capstone Residential Venture XXXI (GP/Monte Sereno) LLC, a Delaware Limited Liability Company, its General Partner By: Capstone Residential Venture XXXI Company, a Delaware General Partnership, its sole Member By: Capstone Realty Advisors, LLC, a Delaware Limited Liability Company, its Operating Member (Check One: _ individual, 4/ partnership, corporation) By' ktture By: Alex Zikakis its Sole Member Name and Title Mailing Address: in care of: Patty Schofield Ashbrook Communities 1545 Faraday Avenue Carlsbad, CA 92008 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California J1 ss. County of ✓/ Il � Q On -9 r�1 2Q'/ before me,—124-�i Dale personally appeared 4/n1ev Name antl Till of OIGceane Ooo,Nolary P bllc") �i�! `5 Names)of Sgner(s( ' X personally known to me ❑ proved to me on the basis of satisfactory evidence IERILYPINFE—QG 51 N to be the person(s) whose name(s) is/are ConMnYtion#r1503571 F subscribed to the within instrument and NOoryMA*c"CaKoffw0 _ acknowledged to me that he/she/they executed MMC�Diego courAA y 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 t and and official seal. Sig, Ire 411 OPTIONAL — Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of womb Here ElCorporate Officer — Tltle(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 Nal,onal Notary Association 9350 De Solo Ave.,P 0 Box 2402•Chatsworth,CA 91313-2402-www.nationalnotewolg Pmtl No.5907 Reorder Call Toll-Free 1 3008766827 gesolut:ion 2660 . 'r Wage 8 EXHIBIT A [[ TTM 30046 and Case No. 5.0881 - PD-269 North of Bogert Trail, east of Goldenrod Lane, west of Palm Canyon Wash July 30, 2003 CONDITIONS OF APPROVAL Before final acceptance of the project,, all conditions listed below shall be completed to the satisfactlon of the City Engineer,the Dlrector 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 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 i Springs or its agents, officers or employees to attach, set aside, void or annul,an approval Of the Cityof Palm Springs,its legislative body,advisory agencies,oradministrative officers concerning Specific Plan Amendments, TTM 30046 Case No. 5.0881 - PD-269. 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 notifythe applicant of any such.'claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not,thereafter,be responsible to defend, indemnify,or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right.to settle or abandon the matter without the applicant's consent but 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 caus .indemnification rights herein: e a waiver of the 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas,.landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and i 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. . I ' (Resolution 20685 ':----------------___-- Page 9 ) 4• The developer shall be responsible for compliance with the State•Endangered Species Act and Federal Endangered Act prior to.the issuance of grading permits,if deemed necessary by the applicable resource agencies. 5. The applicant shall comply with the mitigation as follows: measures of the environmental assessment a. Design and construction of a 30-inch storm drainage system meeting City and " RCFCWCD approval to direct stormwater runoff within TTM 30046 to the.Palm Canyon Wash. b. Design and construction of a flood wall (levee)protection system meeting City and RCFCWCD approval and consistent with the Settlement Agreement with the Sierra Club necessary to protect proposed residential development from Palm Canyon Wash 100-year water surface elevations. c. Design and construction of on-site rough grading plans for future residential development meeting City approval providing future pad elevations in excess of 2 feet above highest adjacent existing grade and/or in excess of 1.5 feet above the adjacent base flood elevation of the Palm Canyon Wash: tl• Application to FEMA for processing of LOMR's required to amend to associated FIRM forTTM 30046 and to redesignate all proposed residential development from Zone AO and A 123 to Zone B or C. e. Final grading plans, hydrology analysis and construction plans shall be approved by the Public Works Director and RCFCWCD, as appropriate, prior to issuance of grading permit. I f. Required LOMR's shall be submitted and approved by FEMA prior to issuance of certificate of occupancy with TTM 3Q046. 9• A fair-share contribution toward the construction of the South Palm Canyon Drive bridge over the Arenas South drainage channel or other funding mechanism shall be determined in a method meeting City approval and submitted to the City prior to issuance Of a grading permit. h. Prior to issuance of grading permits the applicant shall obtain a 404 Permit and a 1603 Agreement (if required by law) and shall implement all mitigation measures called for,in the 404 Permit and 1603 Agreement at the appropriate time to mitigate the project's impacts on Waters of the United States. I. Compliance with Chapter 8.50 of the Palm Springs Municipal Code, Fugitive Dust Mitigation Plan, shall be required prior to the issuance of grading permits. j• Submit a Fugitive Dust Program to South Coast Air Quality Maintenance District (AQMD) for review and approval prior to issuance of grading permits. Such plan shall be consistent with EPA and AQMD rules in effect at the time of issuance of grading permits. k. All mitigation measures outlined in the SP-1 Mitigation Monitoring Program shall apply I• Prepare where superseded. except and submit a focused traffic study to update the analysis prepared for the amendment to the Specific Plan#1 Environmental Assessment. (This condition no longer applies due to traffic study completed for E!R Addendum prepared for the Canyon South Specific Plan amendments, approved 7116103). M. Determine any revisions or modifications to Table 7 "Circulation Mitigation Me6sures"of theAmendmentto Specific Plan#1 Environmental Assessment. (This condition no longer applies due to traffic study completed for E1R Addendum prepared for the Canyon South Specific Plan amendments, approved 7116103). Resolution 20685 ) Paget 10 h• A fair.-share contribution toward the off-site roadway Improvements and`traffic signals outlined in Table 7, "Circulation Mitigation Measures",of the Amendment to Specific Plan#1 EnvironmentalAssessment,as modified,by a focused traffic study, shall be determined in a method meeting City approval and submitted to the City Prior to Issuance of a grading permit, (This condition.has been superseded by traftic mldfg tlon measures in the EIR Addendum prepared for the Canyon South Specific Plan amendments, approved 7116103). o.. Payment of TUMF shall be made prior to issuance of building permits. Please refer to Engineering Condition#64 for:details. P. Regarding Casey's June Beetle; an in-lieu fee of$600 per acre for impacts to to 41.3 acres of creosote bush scrub and desert wash scrub ($24,780) shall be paid to the City or Habitat Conservation entity as designated by The City of Palm Springs Prior to issuance of grading permits. (This.condition has been included as part of a private agreement between Palm Canyon, LLC and the Sierra Club. Please refer to Condition#15.m. for any additional requirements). q. Regarding the desert tortoise;a"clearance survey"shall be initiated prior to grading permits. If the results of that survey are positive, coordination with USFWS and CDFG and permitting subject to Section 10(a)of the Federal Endangered Species Act and Section 2081 of the State Endangered Species Act will be required. If the results are negative, then no further permitting will be necessary, (This condition has been superseded by biological resources mitigation measures in the EIR Addendum prepared for the Canyon South Specific Plan amendments, approved 7116103. Please refer to Condition#15.b, for details), r. Prior to grading, permits will be acquired from the U.S. Army Corps of Engineers, Regional Water Quality Control Board and CDFG.These agencies will establish any appropriate mitigation strategies through the permitting process. s. Automatic fire sprinklers shall be required in all homes outside of the 5 minute response time until a new fire station is_constructed for the Specific Plan 1A area. t. Developer shall contribute on a fair-share basis to the cost of developing a newfire station based on a formula adopted by the City. (This condition has been superseded by Fire Protection Services mitigation measures adopted in the EIR Addendum prepared for the Canyon South Specific Plan amendments, approved 7116103), U. During rough grading of the site,archaeological monitoring shall be provided. (This condition has been superseded by cultural resources mitigation measures in,the EIR Addendum prepared for the Canyon South Specific Plan amendments, . approved 7116103. Refer to Conditions#9 and#10 for details). v. Grading or any other construction activity shall halt in the area where artifacts are uncovered and the City shall be notified if potentially significant remains or artifacts are found. (This condition has been superseded by cultural resources mitigation measures in the EIR Addendum prepared for the Canyon South Specific Plan amendments, approved 7116103. Refer to Conditions#9 and#10 for details). 6a. 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 ' 1 I plans, sign program, mitigation monitoring program, site cross sections, property 1 development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the Cjty Council approval of the preliminary planned development district. ff j' r.. kesolution 20685 }' }--- Page. 11 6b. 'The propertydevelopment standards fort his project'shallbeSe BZone, ctiong2.01;OO,R-1= except,for the modifications to minimum lot size, building height, front and side front setbacks, and detached garages. Front setbacks for the residences and attached or detached garages will be considered at 10 to 15 feet.Side front setbacks for the residences and attached or detached garages will be considered at 20 to 25•feet. Building height will be considered at up to 22.feet, pending submittal of final development plans'. 7a• Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Final landscape,plans shall include the entire street right-of-way landscaped areas. The project shall be responsible for installation and maintenance of all landscaped areas within the right-of=way and easement area. 7b. The developer shall retain a biologistlecologist to develop and oversee the installation of a revegetation program for the Palm Canyon Wash. All areas disturbed, on and off-site, during grading and construction shall be restored. 8. The project is.located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code. Therefore; a fee of $1,314.00 plus an administrative fee of$50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not,be final until such fee is paid. 9• A native American Monitor shall be present during all ground disturbing activities within the Plan boundary. Should any buried deposits encountered, the Monitor shall have the authority to halt destructive construction and notify a qualified archaeologist to investigate, an if necessary prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. 10. Should cultural resources be encountered during site construction in any portion of the site, work shall immediately cease and a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be-documented and presented to the State Historic Preservation Office(SHPO),BIA the Trib resolved to their satisfaction. , e and the City,and 11. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to the certificate of occupancy for the first home in the subdivision. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property and.landscaping within right-of-way in a good condition and-in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2000, forthe 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. — - olution 20685 Page 12 i 12. Final development plans.shall be prepared In accordance with the Mitigation Monitorin Program for Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan EIR, as.amended in 2003 (now known as Canyon South Specific Plan). Prior to. approval of the Final PD and Final Tract Map,a comprehensive mitigation monitoring report oonsfstept with the Monitoring Program shall be prepared and approved by the Director of Planning and Zoning. The City shall,be reimbursed for the cost of preparation and/or review of said report. Refer to City,Council'Resolution No. 17n8 certifying the Final Elk for the Canyon.Redevelopment Plan and Canyon Park Resort and Spa Specific Plan, City .Council Resolution No. 18273 certifying the negative declaration for the General Plan Amendment and amendment to the Canyon Park Resort and Spa Specific Plan#1,and City Council Resolution No.26673 recertifying the Final Elf2 for the Canyon South Specific Plan for specific details. All mitigation measures, where applicable, shall be adopted as conditions of approval. The following measures are hi-lighted for convenience: a. Prior to final project acceptance including approval of the final map or planned development district, the City shall establish a formula for the applicant's payment of their "fair share"of the costs of the matters listed below, and applicant shall pay fees pursuant to the formula or post such security as the City Attorney shall determine is appropriate. The fair share formulas shall be based on data developed by City or Its consultants to determine the applicant's proportionate responsibility for providing the specified public improvements, and for producing affordable housing, based upon the benefits received by the project and/or impacts caused by the project. The costs shall include not only construction costs, but also design, engineering and other similar costs, as well as City administrative costs including the costs of developing the fair-share formula. Fair-share formulas shall be developed for the following matters: i) Funding of site acquisition and construction of a fire station providing adequate fire protection services to the project site and vicinity. ii) Funding of site acquisition and construction of affordable housing,meeting the goals of the City's Housing Element. See Section 5-10 (5-184) Jobs and Housing for specific mitigation measures. iii) Funding of construction of off-site roadway improvements and signals as shown in Table 5.14 of the Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan Final Environmental Impact Report. b._ Appropriate removal and recompaction of surface soils in areas to support structures will mitigate potential settlements. Building sites planned within the alluvial areas shall be evaluated by the soil engineer for settlement potential during detailed geotechnical studies for design of structures, with respect to the specifics of proposed structure locations, soil conditions, foundation loads, etc. A final soils report shall be submitted with the detailed development plans (grading and structural)for the.project. c. All outdoor lighting constructed on,the project site shall be directed at the ground to prevent unnatural lighting from interfering with the activity of nocturnal animals that live in 1 r the surrounding natural ,areas. Exceptions to this condition shall be limited to accent } landscape and architectural lighting. All lighting which directly illuminates hillsides and wash areas shall be prohibited. This condition shall be included in the CC&R's. �� �o laesdlutton 20685Page.,13 d. Prior.to Final PD or Tentative Map approval, the applicant for a Final PD or Tentative Map proposed within the Specific Plan area shall ptepare.a detailed drainage plan which protects all proposed habitable structures from the 100-year storm and which is consistent with the Conceptual Drainage Plan described in Specific Plan#1A, as amended July 16, 2003. On-site surface drainage shall be designed to manage 10-year to 100-year.storm runoff according to Riverside County Flood Control District and City Standards. Drainage facilities shall include: natural appearing structure&armoring;:replacement of jurisdictional waters disturbed; revegetation and renaturalization to blend with the surroundings. Proposed drainage improvements shall be renaturalized using local rock materials and desert landscaping using as much of the on-site cactus and other desert plants as possible. e. The natural vegetation of the site shall be preserved in open space areas. Necessary grading or other disturbance in naturally vegetated areas shall be revegetated with drought tolerant non4nvaslve species. The .applicant shall submit landscape plans to the Department of Planning and Zoning for review and approval. 13. Pursuant to the Sierra Club Judgement filed with the Riverside County Clerk on August 18, 1993: a. The Palm Canyon Wash flood control facilities shall be constructed for 100 year storm protection and shall include the criteria as specified in the judgement. b. Flood control construction work for Palm Canyon Wash shall be limited to the period from May 1 to November 1 of any calendar year. c• As a means of providing temporary equestrian access, the applicant shall refrain from using Palm Canyon Wash as a haul route.- d. In accordance with Portion,#4 of Exhibit D, a 30 foot wide hiking and equestrian path shall be provided in the Palm Canyon Wash bottom. 14. . Final design of the Palm Canyon Wash flood control facilities is subject to City and RCFCWCD approval., In the event a concrete lined channel is required, Planning staff recommends that rock lining be added to soften the visual impact. 15. All mitigation measures and associated mitigation monitoring program in the Addendum to Canyon Park Resort and Spa Specific Plan EIR apply and are hereby incorporated as conditions of approval. The following are mitigation measures specific to the Monte Soreno project that have been highlighted for convenience: a. There shall be an emphasis on plant species native to the immediate region in the sensitive 100 yard wide area adjacent to natural hillsides. On a limited basis within residential yards, non-desert, non-invasive exotic plants may be utilized as ornamental landscaping. Two invasive species, tamarisk and fountain grass, shall be prohibited in the Specific Plan area.The proposed plan and landscaping palette for this area shall be subject to the review of the Director of the Department of Planning and Zoning or the Planning Commission and a qualified biologist who is acceptable to the City. b. Pre-construction tortoise surveys shall be required for any project north of Boger Trail and west of Goldenrod Lane. The surveys shall occur no more than 36 hours - °-" ' kesolutinh 20605 ) _ Page 14 prior to the initiation of any ground disturbing activity in the area. Should desert tortoise beidentlfled,the project proponent shall secure permits required. from the California, Department of Fish and Game and/or the U. S. Fish and Wildlife Service, as a The project proponent(s)for any project requiring alteration of a stream or water of the United States shall secure 404 and 1603.pennits from the U.S. Army Corps of Engineers and the California Department of Fish and Game, respectively, and 401 water quality certification from the Regional WaterQ by law. uafity Control Board,if required d• Project proponents within the Specific Plan boundary shall be required to construct a fence in the future,if it can be demonstrated to the City Council that direct impacts to bighorn sheep are caused by any component of the projecta•proposed within the Specific Plan boundary.Ten verified sheep sightings in a given 12 month period will cause the initiation of a site specific utilization study. The fence design,if required, shall be submitted to the City and any other responsible agency for review and approval prior to construction. The fence will be constructed within 12 months of notification by the City. e• All construction activity will be confined to the project site with the exception of the temporary and permanent disturbance along the western side of the wash (see Exhibit 2 of'Biological Constraints Letter Report for the Monte Soreno Development Project', by Thomas J. McGill, Ph.D., Michael Brandman Associates, December 2002). f. The limits of the temporary disturbance zone will be cordoned off to preclude vehicular access easterly into the remaining wash area. g• Construction activity shall stop before dusk each day to avoid attracting dispersing Casey's June Beetle males during the flight season (April 1 through May 31) g h. Access to the construction site will come from Bogert Trail and will remain outside the wash. i. Controlling dust by spraying water will be permissible outside the flight season and only within the designated construction zone. J. The project proponent shall secure 2.46 acres of comparable desert wash habitat off-site as mitigation for permanent impacts. The 1.6 acres to be temporarily impacted shall be re-naturalized. k. A six foot wall or fence, meeting City standards, shall be constructed along the eastern Property fine of the project site. i• The payment of a $600 per acre fee to the City, for the purchase of open space/conservation lands, as previously included in the Mitigated Negative Declaration. M. Palm Canyon shall 'pay $85,000, to be used,for the acquisition of habitat for the Casey's June beetle, in additfon to the $600 per acre required by condition 15.1. (hereafter"habitat acquisition funds'). The habitat acquisition funds shall be paid into an escrow for the City's benefit to be used for the acquisition of habitat for the Casey's June beetle in accordance with the terms of this Condition,15(m). Should the City,for any reason,decide not to accept the habitat acquisition funds,the funds shall be deposited into a separate escrow account forthe benefit of an entity,public Canyon,which approval shall not be unreasonably withheld or private, to be designated by the Sierra Club, subject to the approval of palm . The habitat acquisition . funds shall still be used for acquisition of Casey's June beetle habitat. The money shall be deposited into an escrow account for the City or into a'separate account within 21 days of City Council approval of the Monte Sereno proj�c o-Resolukbon 20685 Page 15 -- - — — application. For the purposes of this.condition,date of approval shall be the date on which the last signature 1s placed on any resolution or ordinance required for the approval of the.Monte Sereno project applicatlon. Palm Canyon shall. provide written notice to the Sierra Club that the habitat acquisition funds have.been deposited within 48 hours of their deposit. For the purposes of this condition, the acquisit beetle shall.mean the purch ion of habitat for the Casey s June aseor permanent preservation by way of conservation easements and/or deed restrictions habitat identified in an approved habitat conservation plan or habitat approved by the Sierra Club. The City or the entity designated in place of the City by the Siena Club shall provide the Sierra Club Written notice of an intended use of the habitat acquisition funds at least forty-five (45) days before such expenditure takes place and that failure to object in writing Within thirty(30)of notice being mailed shall be deemed automatic approval by the Sierra Club. If, for any reason, Palm Canyon requests the return of the $85,000, the money, togetherwith accrued interest,shall be returned to Palm Canyon,this condition shall be deleted and the City shall prepare a Supplemental Environmental Impact Report to address the impact of the Monte Sereno project on the Casey's June beetle. 16. The developer shall prepare a focused traffic study, to be completed within six months of when 80% of the project is complete, to evaluate traffic,impacts to Bogert Trail. The focused traffic study shall be submitted to the City Engineer for review and approval. The developer shall be responsible for all improvements to mitigate impacts identified in the focused traffic study. GENERAL CONDITIONS 1. The street address numbering/lettering shall not exceed eight inches in height. 2• Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 3. The design; height, texture and color of fences and walls shall be submitted approval prior to issuance of building permits. for review and .4• Texture, materials, and colors to be used on the proposed fences and walls shall be submitted for review and approval prior to issuance of building permits. 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code reg In the public art. The project shall either provide public art or payment o arding f an in lieu fee. case of the in-lieu fee, the fee shall be based upon the total building permit valuation he calculated pursuant to the valuation table in the Uniform Building Code, the feeing beinas g 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 acce and viewing. — -Kesolution 20665 — - -- — ------ _�—.. -- -,._.. Page;16 6. Separate architectural approval and permits program shall be submitt d for review and approval al b be y the-Plann-uired for Planning Commission.lled sign 7., The grading plan shall show the disposition Well cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 8. 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. 9. 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 Engineering specifications. 10. Prior to the issuance of building permits,locations of all telephone and electrical boxes must be indicated on the building plans and.must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the Project maintaining a sufficient distance from the frontages) of the project. Said transformer(s) must be adequately and decoratively screened. 11. Trash cans shall be screened from view and kept within fifty(50)feet of the street. 12. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. POLICE DEPARTMENT: 1. Developershall complywith 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. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 2. 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, pr vide an 8 foot wide parking lane on each side of the access road for a total 36 foot width.�902.2.2.1 CFC) f ar—„ �P . r 'Resolution 26685, } _�_�`---- Page 17 3. . Turn-Around Requirements: Dead-end fire apparatus access roads In excess of 150 feet In length shall be provided with approved provisions forthe turning around of fire apparatus. The City of Palm Springs approved turn around provision Is a cul-de-sac with an outside turning radius of 43 feet from centerline..(902.2.2.4 CFC) 4. Mandatory Fire Sprinklers: Project is beyond a 5-minute"response time from closest fire station and therefore requires an automatic fire sprinkler system. Only a`C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and Installed,in accordance.With NFPA standard 13D, 1996 edition, as modified by local ordinance. The contractor should submit fire sprinkler plans when the building plans are submitted. This allows concurrent review of the fire sprinkler and building plans. 5 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). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA 24) 6. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting,walls, or fencing are permitted Within 3 feet of fire hydrants, except groundcover plantings. 7• Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. $" Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) ENGINEERING: Before final acceptance of,the project, all conditions listed below shall be c satisfaction of the City Engineer. ompleted to the STREETS 1" • Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950- Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. ' I I Minimum submittal shall include the following, IF applicable: ! i Kesolutioh 2665 f ---- -- —. — - —----- -- ------ Page 1$ A. Copy of signed Conditions of Approval from Planning Department. B• All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-oPway; .easements, encroachment thesecon thin agreements/licenses, cove easements,agreements, etc. required by these conditions. BOGERT TRAIL 3. The Main .Entry shall be constructed in accordance with City of Palm Springs Standard Drawing No.205 and have a minimum width of 85 feet or as approved the City Engineer. 4• Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 5• Construct a 6 inch curb and gutter,20 feet north of centerline along the entire frontage per City of Palm Springs Standard Drawing No. 200 and 206. 6• Construct a Type C curb ramp meeting current California State Accessibility standards along both sides of the MAIN ENTRY per City of Pal 212A. m Springs Std. Dwg. Nos. 214 and 111 7. Remove and replace existing pavementwith a minimum pavement section of3 inch asphalt i concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of existing pavement along the entire Bogert Trail frontage in accordance with City of palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. AVENIDA MARBELLA 8. The existing 50 foot wide easement for road purposes for Avenida Marbella (not constructed)may be abandoned;however, access to the Palm Canyon Wash by Riverside County Flood Control District (RCFC) equipment and personnel shall be maintained or provided in an alternate location.The developer shall coordinate relocation of Palm Canyon Wash access with RCFC and provide the City Engineer with documentation from RCFC supporting abandonment of the existing road easement, prior to approval of the final map. PRIVATE STREETS 9. The following traffic calming devices, OR equal, (the final configuration to be approved by the City Engineer) shall be incorporated into the on-site streets: Narrowed pavement 'chokers' shall be provided at one location on Street "B" between Streets "A" and "E", one location on Street "D" between Streets "B' and "E", and one location on Street "F" between Streets "B" and "D", as approved by the City Engineer. Chokers shall be designed with a transition using 25 foot reverse curves and a 40 to 8b feot�, long, 20 foot wide (10 feet each side of centerline) narrowed travel way. The narrowed Resolution 70$5 . - Page.19 travel way shall be constructed,with a colored or decorative Portland c .section 6 inches thick as approved by the City Engineer. ement concrete 10. The minimum pavement section for all on-site streets shall be 2-1/2 inch asphalt concrete dd 111 pavement over 4-inch aggregate base with a minimum subgrade of 24.inches at 95% relative compaction,OR equal.The pavement section shall be designed,using"R"values, determined by a licensed Soils Engineer and submitted with the.Fine Grading Plan to the City Engineer for approval. 11• Construct a wedge curb,with the back of the wedge curb located 18.5 feet from both sides of centerline along all private street frontages, with 25 foot radius curb returns and spandrels as required at interior street intersections, per City of Palm Springs Standard Drawing No. 200 and 266. 12• Construct 6 foot wide gutters as required at interior street intersections in accordance with City of Palm Springs Standard Drawing No.'200 and 206. 13. Street intersection design for interior "L" street intersections shall be designed in accordance with City of Palm Springs Standard Drawing No. City Engineer. 104, or as approved by the .14. Off-set cul-de-sacs of interior streets shall be designed in a manner acceptable to the City Engineer, 15. All centerline radii shall be a minimum of 130 feet. The proposed intersection of Street "B" and Street "F" shall be revised. The intersection shall be redesigned in a manner acceptable to the City Engineer, using a standard knuckle, or the centerline radius shall be increased to a minimum of 130 fret. 16. Construct minimum 10 wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201. 17. The following requirements fora gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum.50 foot setback to the access gate control mechanism K Provide a turnaround after the mechanism for vehicles unable to enter the project C• Security gates shall provide a minimum of 20 feet clear width in one direction. D. Provide a separate lane of ingress for residents. SANITARY SEWER 18. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system, acceptable to the City Engineer, shall be included in the Codes, Covenants & Restrictions (CC&Rs) required for this project. Resolution 20685 --- Page 20 19. .Connect Wl sanitary.facilities to the City sewer system. Lateral shall not be connected Manhole. at 20. Developer shall construct an 8 inch sewer main across.all PRIVATE STREET frontages, . or as required to provide sewer service to each lot. 21. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department, B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. . 22. The existing 8 inch and 12 inch public sewer mains extending through the project and proposed for relocation shall be relocated in a manner acceptable to the City Engineer.The developer shall dedicate an easement for sewer purposes to the City of Palm Springs over the width of private streets for the relocated alignment of the public sewer system within the project.The relocated public sewer mains shall be separated from the private sewer system to be constructed to provide sewer service to lots within the project. GRADING 23. The proposed pad elevations shown on the tentative map are inconsistent with the City of Palm Springs Flood Hazard Ordinance. Approved pad elevations shall be established as required to demonstrate compliance with the Flood Hazard Ordinance including:design of on-site rough grading plans for future residential development meeting City approval providing future pad elevations in excess of 2 feet above each lot's highest adjacent existing grade in the AO Zone, and/or 1.5 feet above the base flood elevation in the A7 and All 3 Zones. 24. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 25. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for approval to submit for plan check prior to submittal to the Engineering Department. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. I P Minimum submittal includes the following: A. Planning Department approval to submit for plan check. IResolution.20685 — Page 21 B• Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department, D. Copy of Title Report prepared/updated within past 3 months. E. - Copy of Soils Report, IF required by these conditions, F•' Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 26. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep - to keep nuisance water from entering the public streets, roadways, or gutters. 27. Developer shall obtain a General Construction Activity Storm Water•Permit from the State Water Resources Control Board(Phone No..(916)-657-0687)and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 28. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00 mitigation measures of erosion/blowsand relating ) per acre for i to his property and development. 29. A Soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site.A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans,calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 30. Contact the Building Department to get information regarding'the preparation of the PM10 (dust control) Plan requirements. 31. 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-7.10 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 32. The developer shall accept all stormwater runoff passing through and falling onto the site and,conduct this runoff to an approved drainage structure as required by the hydrology i study prepared by Tettemer and Associates, Dated April 2001, Resolution 2oi385 _ — Page .22, 33. The eastern slope.of the Palm Canyon Wash shall not.be disturbed. 34. Developer shall pay a fair share contribution as approved by the City Engineer toward the construction of a bridge structure at the South Palm Canyon Drive crossing of the Arenas South drainage channel. 35• A portion of this property is in Federal Insurance Rate Map (FIRM) Zone,A7 (Lots 25 through 29), Zone A13 (Lots 3 through 13).and the remainder is In Zone AO (Depth 1). Development of this project shall conform to all FEMA and City of Palm Springs Flood Hazard Ordinance requirements for these zones. 36. The developer shall design and construct a storm drain system outletting into the Palm Canyon Wash, as approved by RCFC and the City Engineer consistent with the proposed system included in the hydrology study prepared by Tettemer and Associates; dated April 2001. 37. The developer shall design and construct a hard lined levee flood wall system adjacent to the Palm Canyon Wash from the end of the existing levee north of the Bogert Trail Bridge to the north property line of the tract OR transition to the existing channel, and shall coordinate further drainage improvements within the Canyon Golf Course area as required by and approved by RCFC and the City Engineer, consistent with the proposed improvements included in the hydrology study prepared by Tettemer and Associates,dated Apd1.2001. 38. The developer shall submit an application and all.required information to the Federal Emergency Management Agency (FEMA) for approval of a Conditional Letter of Map Revision (CLOMR) or a Letter of Map Revision (LOMR) prior to issuance of building permits. .39. Final grading plans,hydrology analysis and construction plans shall be approved by the City Engineer and RCFC, as appropriate, prior to issuance of a grading permit. ON-SITE 40. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 41. All proposed utilities shall be installed underground. 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.The approved original grading/street plans shall bd as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. � 1 42. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date, -=— - -- Resolution 20685 Page 23 43. Nothing shall be constructed or planted in the comer cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City j of Palm Springs Zoning Code 93.02.00, D. " 44. 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 Engineering specifications. MAP 45. . The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the.existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Department. 46. . 'The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC - 47. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signallsafety light j poles, conduit, pull boxes and all appurtenances located on the BOGERT TRAIL frontage of the subject property. 48. Install a stop sign at the following interior street intersections as required by the City Engineer: Install a stop sign for vehicles egressing at the Main Entry. Install"a three-way.stop sign at Street"A" and Street"B". Install a stop sign on Street"C" at Street "E". Install a stop sign on Street "E" at Street"D". Install a stop sign on Street"E" at Street"B". Install a stop sign on Street "D" at Street"F". install a stop sign on Street"H" at Street"F". 49. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the,City Engineer on the BOGERT TRAIL frontage prior to issuance of a Certificate of Occupancy. 50. The developer shall pay a fair share contribution toward the off-site roadway improvements and traffic signals outlined in the Specific Plan, as amended on July 16, 2003. Payment of required fair share contributions shall be made prior to approval.of a final map. 51. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. f xr, ., e _ J Resolution 20685 .,Page 24 52. LOW profile and glare protected lights shall be installed on each side of the Main Entry located on Bogert Trail. 53. 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. 54. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. � i i r arrn n �t EXHIBIT"C" MITIGATION FEE SCHEDULE All estimated payments to be made prior to issuance of building permits. Each fee is calculated on a per unit basis. 1. Fire Station & Equipment $ 266.07 per unit 2. Drainage: $ 2,390.05 per unit 3. Road/Bridge: $ 2,704.00 per unit 4. Affordable Housing: $ 3,120.00 per unit The above Mitigation Fee amounts apply to permits issued in the calendar year 2005. Said amounts shall be adjusted based on completion of the City's engineers assessment spread report if the amounts determined in the report vary from these estimates. If there is an increase in the amount, Subdivider shall pay the additional amount per unit within thirty(30) days notice of the increase. If there is a decrease in the amount, Subdivider shall receive a credit toward the payments on the next Mitigation Fees owed for subsequent building permits obtained for construction on the Property. In the event the permits are pulled in subsequent years, the Mitigation Fee amounts shall be further adjusted in a percentage basis by the Consumer Price Index as set forth in Section 1.1(b). 14 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 30046 FOR PROPERTY LOCATED AT 1040 BOGERT TRAIL, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH CRV MONTE SERENO LP WHEREAS, the Planning Commission, at its meeting of October 9, 2002, recommended approval of Tentative Tract Map 30046, prepared by MSA Consulting, Inc., representing CRV Monte Sereno LP, a California Limited Partnership, for the above described property; and WHEREAS, the City Council at its meeting of July 30, 2003, approved Tentative Tract Map 30046 subject to conditions; and WHEREAS, the abandonment of a portion of the public right-of-way for Avenida Marbella (never constructed) is shown on Final Map No. 30046, 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 an easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots "A" through "I", inclusive, as shown within the map; easements for public utility purposes shown as "10' PUE" along and adjacent to all private streets, as shown within the map; easements for public utility purposes over Lots "J" through "Q", inclusive, as shown within the map; an easement for sewer purposes over Lot "K"; an easement for sewer purposes 20 feet wide over Lots "P", "Q", 1, 2, and 3, as shown within the map; an easement for ingress and egress over Lots "J" and "K" for maintenance of Lot "R"; and dedication of Lot "R" for open space and storm drainage purposes, including all rights, title, and interest thereto. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 1. That Final Map 30046 is in substantial conformance with approved Tentative Tract Map 30046; and 2. That requisite conditions associated with Tentative Tract Map 30046 have been satisfied; and 3. That Final Map 30046 is in conformance with the General Plan; and 4. That Final Map 30046 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the abandonment of a portion of the public right-of-way for Avenida Marbella (never constructed) as shown on Final Map No. 30046 is approved, pursuant to Section 66434 (g) of the Government Code; and x Resolution No. Page 2 6. That the offers of dedication to the public on Final Map 30046 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 30046 is hereby approved for purposes therein defined. ADOPTED THIS 20th day of July, 2005. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, 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 July 20, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California