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7/6/2005 - STAFF REPORTS (19)
�OF?ALM SA4 iy c V N � o4nYEe FOR N`P City Council Staff Report CITY COUNCIL JULY 6, 2005 CONSENT CALENDAR Subject: APPROVE FINAL MAP 28495 AND SUBDIVISION AGREEMENT WITH TUSCANY HEIGHTS, LLC, FOR 15 SINGLE FAMILY HOMES AND ONE OPEN SPACE LOT, LOCATED AT THE WEST END OF RACQUET CLUB ROAD, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY: Warner Engineering, representing Tuscany Heights, LLC, a California Limited Liability Company, has prepared a Final Map for subdivision of property into 15 single family home lots and 1 open space lot located at the west end of Racquet Club Road, in Section 3, Township 4 South, Range 4 East. Approval of the final map will allow the map to be recorded, and building permits to be issued for future construction of the 15 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 28495 FOR PROPERTY LOCATED AT THE WEST END OF RACQUET CLUB ROAD, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH TUSCANY HEIGHTS LLC;' and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Warner Engineering, representing Tuscany Heights, LLC, a California Limited Liability Company, submitted Final Map 28495, requesting that the property Item No. 2 . H . Final Map 28495 July 6,2005 Page 2 located at the west end of Racquet Club Road, in Section 3, Township 4 South, Range 4 East, be subdivided into 15 single family home lots, and 1 open space lots on a 7.82 gross acre site. At its meeting of March 27, 2002, the Planning Commission recommended approval of Tentative Tract Map 28495, which was subsequently approved by the City Council, subject to conditions, on May 1, 2002. The Tentative Tract Map has been subsequently extended by City Council action, and the developer has been moving diligently forward with construction of on-site and off-site improvements. It has been determined that required conditions have been satisfied, that Final Map 28495 is in substantial conformance with the approved Tentative Tract Map, and that Final Map 28495 is ready for City Council approval. lSubmitted: /David J. Barakian Director of Public Works/City Engineer v Approved: David H. Ready City Manager ATTACHMENTS: 1. Map 2. Subdivision Agreement RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 28495 FOR PROPERTY LOCATED AT THE WEST END OF RACQUET CLUB ROAD, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH TUSCANY HEIGHTS LLC WHEREAS, the Planning Commission, at its meeting of March 27, 2002, recommended approval of Tentative Tract Map 28495, prepared by Warner Engineering, representing Tuscany Heights, LLC, a California Limited Liability Company, for the above described property; and WHEREAS, the City Council at its meeting of May 1, 2002, approved Tentative Tract Map 28495 subject to conditions; and WHEREAS, Tentative Tract Map 28495 was subsequently extended by City Council action; and WHEREAS, the owner offers for dedication to the City of Palm Springs Lots "C" and "D", for street and public utility purposes; easements for public utility and sewer purposes with the right of ingress and egress for service and emergency vehicles and personnel, over Lot "A"; an easement for emergency access, with the right of ingress and egress for service and emergency vehicles and personnel over a portion of Lot 9 and 10; and dedication of abutters rights of access adjacent to Racquet Club Road and Sanborn Way. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: 1. That Final Map 28495 is in substantial conformance with approved Tentative Tract Map 28495; and 2. That requisite conditions associated with Tentative Tract Map 28495 have been satisfied; and 3. That Final Map 28495 is in conformance with the General Plan; and 4. That Final Map 28495 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the offers of dedication to the public on Final Map 28495 shall be accepted by the City Clerk of the City of Palm Springs; and 6. 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 Resolution No. Page 2 7. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 8. That Final Map 28495 is hereby approved for purposes therein defined. ADOPTED THIS 6th 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 ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California < 1 ji 'Nat u ) Rh Ls co 48 WO Xy ., g@44 K � p yy pp �tlp ppqqrr mix R:Oki $ $ < 3= �l� _It _ g 31 a 01; pilp N , I I �"'i 1, R- �a , Ll 41 v: W � IN THE CITY OF PALM SPRINGS, COUNTY OF RAERSIOE, STATE OF CALIFORNIA SHEET 2 OF 4 SHEETS TRACT MAP NO. 28495 BEING A SUBDMSION OF A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECT70N J TOWNSHIP 4 SOUTH, RANGE 4 EAST, BASIS FOR BEARINGS SIN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. >rc eass rue a�wwxir suxx ai rla txc n<>wecr.fa zau erner PALM DESERT, CALIFORNIA engmeenng IANUARY 2005 LEGEND 0 .xac m gr r u nw } f "]6 YafEfAaYr rufo rs xorea F.M.NO.2377FC MX VOVISO-5E ll!!!!!/vi M0116 K'2E PoQIIS.@'S11lC,FD/ErS[W 1 lAMi6 aLmorr PEFFiA]VLE MfbEit PY 1G g.zwv V!LP 56 ( ) MGl6/RLGO d1A FR W 1!1/J6'ST 'AS W 1/4 LY1t I �1 <O> wrwrfx Nxaeo drA Poe,e 4J/6S sr `1''ns''f rf#uir>_ —C/L RACQUET CLUB ROw C 7 Pa/.IIS.ELL1b drA R9!Rs N/JI-lr JLI.fY rJS <S,llW1 <t55,M rtnAo N1f Pat an (/1) ILW.1IES 1r1GYY BFAW' RllaaOJ Li PS 1,6 Ikt A MC FPM Li/tflptg LYRAE M�P'�I1'Wl AIXYP/fD AS[ �� .1/IFRSEC/IaY MT H.W!Lf"LbY`IXIO LY.h1£ A /fCIM ff.10 ND IIIL N ]IAe O�rMnE S/d!'PER P8 IEi fp.IfT!P.Y. t!i/w+Y. / R!f)I'IS71 NOTES 1. I1RK MAmt d/p15- 15 PLUS 4 LEaElll LOIS a I p � LPLp)7 R'!^ 1XU55 ILlFA TAt JOETPA N W 1^ PY 11f/30 V� 2 SEf r LM1 Null PLISIF PLLC 5FW'a)RCE 22N a� -g ^^ ® I U \ roETut, Y (oLml)Ar xL Yax fm rn'Yl1G srr 1Ne AVD rAc A.F � �� g Krs� �ixw cr [mcmA¢ PAP' II `- 86p� � I/ <mau� crszou �fuoz' C/L SANBORN WAY .P. rttno a/s• am 4x _ am)Par an w g M1P rIX.M J/ LP.T,1afD PAtt IL LS 1l �'� SGVlIWT 0.YfR[K £i)LM.T/A4N•LP. Y9TA64iD ` afo) a¢ T Isa aro �7 +j�s sw aae 3 y c wxc scva B W efm}J'E' aI.]vP 200 o YDO 100 sm ,LWC/li -E 1 .477 fqM 1•RP )Aa<D hCE r an1 pN rtr ' YICINDY MAP SCALE I INCH 200 FEET /W AE csr45 I �, • ' IN THE CITY OF PACM SPRINGS, COUNTY OF RMRSIDE, STATE OF C4LIFORNL4 SHEET 3 OF 4 SHEETS TRACT MAP NO. 28495 BEING A SUSOMSION OF A POR77ON OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SEC170N 3, TOWNSHIP 4 SOUTH, R4NGE 4 EAST S4N BERNIROINO MER/OM ACCORDING TO THE OFFYC14L PUT THEREOF. Wamer PALM DESERT, CALIFORNGI Qengineenng 4WUARY 2005 rWxva>s N MvVVer Nw NAlloom ES EsIN IuMmWr rtraae Nao .Nx a l05 MGII4 AEtt1iL fENSNlY I4 IWlawWI MW SY JS2 F11C£SIT, CF CfF4'1NL•QRYNS. pM.me.22vo0 phh R. vev/5©-52 £L61.0 F'AW.IALYfp AY£ f ra_.J/{' T.1�"fD F�1 4e IY%4 caede 1 �Z4�:�'WT//^!SwSl(r�� N WSe•N'W SILTY ISTAY 1e4.10' 8 RACQUET CLUB ROAD 8 LOT"C" 8 8 _ _L——_—— �=1I Y N WSW4S'W ", N WSSU M I ' 'I I 4p•�N (l v " im 87k .A' 20 LI O C Nea'nnS A1'ETRI(Mc) �' NSz�eYe1N>Z) — I � 1 �� cwrxro uue 4 I LOT"B" 40 40 eo 120 ^ to, nw '8 p"9 8 COMMON AREA a I r _ DETENTION BASIN n Nsre•Nw a SCALE: 1 INCH — 40 FEET •4T�` — 19 —I I � � 8 I 2 nR nae�e'rr•gry — cN.aetew �9 ISeIJ' I Wum Neruarl7y�16 I 8 _ 15 - - -Ww o8 I 3 _dd 4nrerl a NW.m"few g enW.m'4w_— w I 14 1 1 �0 �0 1 10. CIcy W[1f1 Y Moo IEWM �-�{ryy� { M J 110' "M I187 I 2005 Q U l i— 18 C1 w'IS'PG' I0I6SJ 70.N NW.ie'Nw 1 w oWpeYe' "I.W =" 14T..m' CS 0TN'N' MIAMW MPM 10'PR1NI£ �A NJIYQI 1 Of OT4S'N' H 7.w SJFT4 CT LY 11w, 101610 leav �" I �CrMIVICE t.Y F 4 I Ce WrAf, Wl.w ml, CS SWN'Ie' xw law W W C10 JT'JOIO' =00 /9.e4 I 1=ff 8 13 crr 0.0`4214' ,ole.m W.M _pp CIS CW.mw' IOISM to" tl ors AM'f W 7' IM woo CIS CISI'IS" FS(WW 8747 cre OSAJ31' mlaw I r� SYNle f".. j W1WS I=C [ $' MWW-,;Sw FNI-SO x or: MNy ,.w I=NW' 1O CD•AJ' SNI.W ISw CFI W ,M' rolAw FwN CP orsrb' fafAw um cp OTN'N' SvT , zwam, 1 fro» / 12 I CP o7UW Mao !G)J Inrz,'I I 1 1 —TmW,�m"€CWF7rrtal i tLl I enwnv rE w u MvaY12 ,aw [$ MO$J'IY'E Tam lJ AVVFJYs'E ➢7..re s a}s {s� I 1 1 ( jf-),'-I•"7 SEE SHEET 4 ,,;� IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 4 SHEETS TRACT MAP NO. 28495 BEING A SUBDMSION OF A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3 TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNAROINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. Warner PALM DESERT. C4UFORN14 engmeenng JANUARY 2005 Qz �'mncnes Av FunlwT A �eevlr cr wr mx ne mx£A"Q'nYLI tunas MNIR L[WWIY, lot m Itl;0III Ql,Q�F�C%/L SEE SHEET 3 I I I Ti t 13 I 15 `J —� - r4ab r � I _1I I � ;de" i 12 xeru'„uwJ2 1 xeemw I a 14 k I o uv 1 IR�� 8 1 6 y ' I U--- - TEACY AV/ .2063 � o u n I I \ I41.IJ' I lY I1MIFMWr[MO.T is �IbT2S•14'F]#� I A i I ,brJS•uti J SIR �iermaoLxJ(rRcT I 13 r4au' � 7— 11 I I NJFJI'II,fl'�rRIC) ` I £ I o 7 (RJ LOT"A" Imo, I.! i 2Ji o"m SIFTT I 12 m"' \ 10Ay �— — — 8 2�r \ \ ,wrx '� aar.u LOT_D_--SANBORN AtlY20']J4 � ui.b' \\ fIXM J/4•LP. TA4CfD-� 1 M1 NTx4 MIL 0.10')Rx IXRI£T.IgE CofYE OrW1l"74 cr or4J•44• 2bl.0 JJa74 Fs 5au3z• aW ar.m a xu'b• azm 5a75 C�N�OaOP 300FK,HANNEACATT,12. roa MOW ssm a of 07 4 ,47- 5150 4RW C, "Z411JJ• mw 271M Z ` oil 04Y ;Isolm ➢S.W HIC%Z CIF 0741'44• JJ15.m Jx.13 40 0 40 50 120 CIS WY4'Il- 25Iam JHJ7 CT4 01•404• I 1.50 57.m CIJ L1101'JI• MIA) a2J old ol9J'J5- mrau 51.m c17 0 4674• MIAM VIM SCALE: 1 INCH 40 FEET old 01W-W 201.30 MMF TABLE OF CONTENTS 1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1a Deferred Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.6 Changes in the,Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.14 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . 4 2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4.5 Release of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. Cost of Construction and Provision of Inspection Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5.1 Subdivider Responsible for All Related Costs of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 I i 5.2 Payment to City for Cost of Related Inspection and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6. Acceptance of Offers of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.1 Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . . . . 10 11. Corporate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ii SUBDIVISION IMPROVEMENT AGREEMENT THIS S BDIVISION IMPROVEMENT GREEMENT (this "Agreement") is entered into this //rl�j . day of /'1A,2 c-H , 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California("CITY"), and TUSCANY HEIGHTS, LLC, a California Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the ownerof, and has obtained approval of a subdivision map for Tract Map No. 28495, 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 Lots "C" and "D" for street and public utility purposes, including sewers; an easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lot "A"; an easement 20'wide for ingress and egress of service and emergency vehicles and personnel over Lot 9; and abutters rights of access to Racquet Club Road and Sanborn Way as shown on the map; 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 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 $1,103,000.00. 1 1.1 a Deferred Works of Improvement. In accordance with City Council approval of the deferral of ultimate street improvements for Racquet Club Road West, currently designated as a Secondary Thoroughfare on the City of Palm Springs Circulation Element, as indicated by item 9 on Page 6 of Resolution 20322 adopted May 1, 2002, upon 30 days written notice from the City Engineer, Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the ultimate street improvements for Racquet Club Road West as a Secondary Thoroughfare (herein sometimes collectively referred to as the "Deferred Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein. The estimated construction cost for the Deferred Works of Improvement is $52,000.00. Until receipt of notice from the City Engineer to construct the Deferred Works of Improvement, the Deferred Works of Improvement shall be secured in accordance with Section 4 of this Agreement. Upon completion and acceptance of the Works of Improvement by the City, and receipt of a request from Subdivider for release of security in accordance with Section 4.5 of this Agreement, the Subdivider shall furnish a separate security instrument in the amount of the Deferred Works of Improvement, or the original security instrument for faithful performance of the Works of Improvement, in accordance with Section 4.1(a)(i) of this Agreement, may be reduced to the estimated construction cost for the Deferred Works of Improvement identified herein. Said security instrument shall be held by the City until and upon completion and acceptance of the Deferred Works of Improvement by the City, or, upon adoption of a revision to the Circulation Element of the City of Palm Springs General Plan, changing the designation of Racquet Club Road West from a Secondary Thoroughfare to a Collector, rendering this Section 1.1a null and void, at which time security held for completion of the Deferred Works of Improvement shall be released. 1.2 Other Obliqations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. ti 1 2 1 . .. 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. 1.8 No Warrantv 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 Citv Enqineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at anytime 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 3 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 orwork may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 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. 4 f1 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 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 5 x �n 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 laborstandards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvementto carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $1,103,000.00 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 $551,500.00 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$8,000.00 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. GG 6 - -. n, (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of$165,450.00 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 maybe 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 7 C 3 cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10)days after written demand therefor, deliverto 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. 8 (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 Cityfor 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 Enqineerinq Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one(1)year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides-a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 9 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor 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 _:t 10 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) 11 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By James Thompson, City Clerk David H. Ready, City Manager STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: David J. Barakian, Director of Public Works/City Engineer SUBDIVIDER: TUSCANY HEIGHTS, LLC, a California Limited Liability Company / (Check One: individual, partnership, ce944a4an) By: / Pjnature By: Wesley D. Oliphant, Manaqinq Member Name and Title Mailing Address: 77-900 Avenue of the States Palm Desert, CA 92211 12 ALL-PURPOSE ACKNOWLEDGMENT I (+ n f �y State of M�1�1J�,-,th, CAPACITY CLAIMED BY SIGNER County of �W ht'CAdJLR� ❑ INDIVIDUAL(S) � pp Crcdau� /J�I I �t-14VtC^ ElCORPORATE Oilc' !1'1�Qr✓' before me, 1 OFFICER(S) Date N me, Title of Offic r TITLE(S) � �c �personally appeared �llIl 0 ( ❑ PARTNER(S) NAME�W OF SIGNER(fj ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) personally known to me -OR - ❑ SUBSCRIBING WITNESS ❑. /GUARDIAN/CONSERVATOR prauetlJa.me�u the bas s of�8 isfaetety a idexse to be the persons(s) whose name(s) E OTHER f /f]i pa is/are subscribed to the within instrument and acknowledged to me that he/she/they executed -01 mr 'M fief 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 persons(s)acted,executed the instrument. _ _ _ _ SIGNER IS REPRESENTING: r. BRANDOW j" I� �,/q.�.� W'tuess my]rand and official seal. Commisslon 7521112 I�� 77"��q rI;, �+�& ��.4 . _I � ,-� Notary Publk•CalRomla � � �I !WI rt�IllVll IVfi'Wl RNersltle County Signature of Notary i _ ' ! MyComm�ExplresOot22-200E� ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. r.-i /� THIS CERTIFICATE Title or Type of Document ��Up V1 Don lopuru(l't %jm-rrlwnf' MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 3, EXHIBIT A Tentative Tract Map 28495 South of Racquet Club Road, west of Milo Drive May 1, 2002 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police,.or the Fire Chief,orthelr 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. ENGINEERING DEPARTMENT' The Engineering Department recommends that if this application Is approved, such approval is subject to the fallowing conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project,all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the 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. Dedicate an easement for sewer and public utility purposes with right-of-way of ingress and egress over private street. The easement shall be the width of the traveled way from face of curb to face of curb. The City shall be provided with a key and/or card for access to the development for sewer maintenance purposes. 3. 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. Minimum submittal shall include the following, If applicable: 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-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc, required by these conditions. 3 Resolution 20322 , Page 5 RACQUET CLUB ROAD WEST 1, Dedicate right-of-way of 44 feet to provide the ultimate half street width of 44 feet along the entire frontage of the subject property including comer cutback dedications on both sides of Michael Drive in accordance with City of palm Springs Standard Drawing No, 106. 2. Construct an interim 8 inch curb and gutter, 20 feet SOUTH of centerline along the entire frontage, with a 35 foot radius curb return and spandrels at BOTH SIDES of the intersection with Michael Drive (Private Street) per City of Palm Springs Standard Drawing No,200 and 206, New curb and gutter shall transition top match the existing roll curb at the easterly tract boundary 3. Construct an interim 6 foot wide cross gutter at the intersection of Racquet Club Road West and Michael Drive with a flow line parallel with and 20 feet south of the centerline of Racquet Club Road West in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 4. Construct an interim catch basin drop inlet structure to accept street drainage into the detention basin. 5, Construct minimum interim 24 foot wide driveway approaches for access to the detention basin(Lot B)and drainage easement access road in accordance with City of Palm Springs Standard Drawing No. 201. The driveway approach for access to the detention basin (Lot B) shall be modified as necessary to accommodate the required weir outlet structure as detailed in the final drainage study. 6. Construct an interim Type A curb ramps meeting current California State Accessibility standards at the SOUTHEAST AND SOUTHWEST comers of the intersection of Racquet Club Road/ Michael Drive per City of Palm Springs Sid. Dwg. Nos. 212 and 212A. 7. Remove,and replace existing pavementwitha minimum pavementsection of 3inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 96% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage and tapering to meet existing street improvements at the east side of the tract in accordance with City of Palm Springs Standard Drawing No. 110 and 330,The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 8. Construct a dead and with barricades and 'end of road' signage at the northwest comer of the tract. Resolution 20322 Page 5 9. Oeveloper shall agree to construct, pursuant to provisions of a subdivision improvement agreement and shall secure costs as required therein, ultimate Racquet Club Road West improvements necessary to widen and construct full half- street improvements to be in compliance with the General Plan designation of Racquet Club Road West as a Secondary Thoroughfare. Improvements required to be constructed shall include all necessary removals and relocations of Interim improvements allowed herein (curb and gutter, sidewalks, driveway approaches, curb returns, spandrels, and cross-gutter, and access ramps) and construction of ultimate improvements. This action shall become null and void at such time as by City Council action the General Plan designation for Racquet Club Road West adjacent to this project Is reclassified from a Secondary Thoroughfare to a Collector. MICHAEL DRIVE (Private Street) 1. The right-of-way width shall be a minimum of 37 feet wide (back of curb to back of curb). 2_ Construct a 6 inch curb 18 feet west of centerline and 6 inch curb and gutter 18 feet east of centerline along the entire frontage, with a 35 foot radius curb return and spandrel at both sides of the intersection with Racquet Club Road West per City of Palm Springs Standard Drawing No. 200. Construct a turn around area between the card reader and the gates per gated entry requirements (see condition no. 40). 3. Construct pavement with a minimum pavement section of 2-112 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 951/b relative compaction, OR equal, from face of curb to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 as modified to allow Cantilevered cross-slope- The pavement section shall be designed, using"R"values, by a licensed Sells Engineer and submitted to the City Engineer for approval. SANBORN WAY 1. Dedicate an additional right-of-way of 30 feet to provide the ultimate half street width of 30 feet along the entire frontage of the subject property. 2 Construct 6 inch curb and gutter, 18 feet north of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200, 3. Construct a dead end with barricades and 'end of road' signage at the southwest corner of the tract. 4. Construct a 20 foot wide driveway approach and 6 inch thick, 20 foot wide concrete driveway for emergency access to the cul-de-sac at the south end of Michael Drive. Resolution 20322 Page 7 5. Construct pavement with a minimum pavement section of 2-112 inch asphalt concrete pavement over 4 Inch aggregate base with a minimum subgrade of 24 inches at 11% relative compaction, OR equal, from edge of proposed gutter to ' centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 305.The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 1. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at manholes. 2. Construct sewer laterals from the proposed sewer main to a location in the proximity of future plumbing outlets for each Lot. Cap all sewer laterals at the right-of-way line for future connection to developed Lots. 3. Developer shall construct an 8 inch sewer main across the entire Michael Drive frontage. Developer shall also construct an 8 inch sewer main across the east sides of Lots 10 through 15 and the common area, extending across the easterly tract boundary and connecting into the proposed sewer main extension in Racquet Club Road West, to allow for a gravity collection system. Sewage pumping for individual lots shall not be permitted. The developer may submit alternative plans for a gravity flow sewer system for this tract for review and approval of the City Engineer. ' 4. Developer shall construct an 8 inch sewer main within Racquet Club Road West, extending to the west boundary of the property,in accordance with the Master Plan of Sewers, connecting from the existing sewer system at the manhole located 238 feet west of the street centerline intersection of Girasol Avenue and Racquet Club Road West. The developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of construction costs for the sewer main extension, not including the project frontage, as properties connect to the extended sewer main in the future. Developer should contact the City Engineerfor details relating to a sewer reimbursement agreement. 5. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of the system. 6. 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. C. Sewer Study/Report, IF required by these conditions. (" ; Resolutiou 20322 Page 8 GRADING 1, A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineerwith the first submittal of the Grading Plan. 2, Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Department for review and approval. Grading plan shall be submitted to the Planning Department for comments 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. Minimum submittal includes the following: A. Copy of Planning Department comments regarding the grading plan. S. 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. 3. 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. 4. Developershall 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. 5. 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) per acre for mitigation measures of erosion/blows and relating to his property and development. 6. 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. 7. Contact the Building Departmentto get information regarding the preparation of the PM10 (dust control) Plan requirements, AQsolnt- on 20322 Page 9 8. 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 import or 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 73-710 Fred Waring Drive, Palm [Desert. (Phone: 760-776.8208) DRAINAGE 1. The developer shall accept all stormwater runoff falling onto and crossing the project site, and convey the runoff to Racquet Club Road West through storm draln channels, improvements, and a detention basin, as outlined in the approved preliminary drainage study for this tract dated December2001,prepared by Warner Engineering. The developer shall provide a final drainage study for this tract that shall be used to control the design and construction of storm drainage improvements and the detention basin,and shall provide the study to the Engineering Departmentwith the first submittal of the grading plan for review and approval by the City Engineer.The grading plan will not be accepted for review and approval without submittal of a final drainage study. The developer shall construct all required storm drainage improvements and the detention basin, as required by a final drainage study as approved by the City Engineer, concurrent with and as a part of the grading for this tract. 2. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $0,511.00 per acre per Resolution No 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 1. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 103,curb portion only. The proposed center island within the cul-de-sac shall not exceed twenty feet (20) in diameter, with a minimum clear turning radius of forty-three feet(43) provided throughout the cul-de-sac. 2. The following requirements for a gated entry shall be met to provide adequate setbacks and,turning movements for vehicles entering the primary parking facilities of this project: A. For driveway entrances, the entry shall have a minimum width of 80 feet. B. The entry shall provide a minimum 50 foot setback from the face of curb to the access gate control mechanism. �J 1 Resolution 20322 Page 10 C. Provide a turnaround of sufficient width (for delivery trucks to turn around)afterthe mechanism forvehicles unable to enterthe project. Provide plan showing vehicle turning radius movements to support — proposed width, D. Security gates shall provide a minimum of 15 feet clear access in each direction. GENERAL 1. 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. 2. All existing and proposed utility lines that are less than 35kV on or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. If it can be demonstrated that overhead service drops to existing residential properties adjacent to the project are part of existing utility lines subject to undergrounding, the owner shall enter into a covenant agreeing to underground all existing overhead facilities on or adjacent to the project that are less than 35kV in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary, The covenant shall be executed and notarized by the owner and submitted to the City Engineer prior to issuance of a grading permit. 3. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 4. 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 be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 5. The developer Is advised to contact all utility purveyors fordetailed requirements for this project at the earliest possible date, 6, The developershall take every precaution needed to"Protect-in-Place"any existing Whitewater Mutual Water Company water line(s) that may traverse his project. 7. Nothing shall be constructed or planted In the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Cade Section 93.02.00, D. 8 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. Resolutiou 20322 � ), Page 12 4. 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 ground cover plantings. 5. 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. 6. Fire hydrant systems:Fallowing fire department selection of hydrant locations,plans and specifications for fire hydrant systems shall be sgbmitted to the fire department for review and approval prior to construction. (901,2.2.2) 7. Building or Complex Gate Looking Devices:Gate(s)shall be equipped with a KNOX key switch device or Key box. Contact the fire department for a KNOX application form. 8. Residential Smoke Detector Installation: Provide Residential Smoke Detectors Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CSC) 9. Site Fire Protection: Provide a garden hose or hoses on construction site equipped with an adjustable spray nozzle capable of reaching all combustible construction. 10. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. ' 11. Fire Department Access Road Dimensions: Provide a minimum of 20 feet unobstructed width. If parking on access road is desired, provide an 8 foot parking lane with opposing curb marked red with appropriate signage for a total of 28 feet in width. Provide an additional $ feet for parking on both sides of access road for a total of 36 feet in width. 12_ Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 14'6". 13. Fire Flow Determination: Provide information on the size of the proposed buildings and type of construction. This is necessary to determine fire flow requirements. PLANNING: 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. Resolution 20322 Page 13 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its advisory agencies, or legislative body concerning Tentative Tract Map 28495, The City of Palm Springs will promptly notify the applicant of any such claim,action,or proceeding against the City of Palm Springs and will cooperate fully in the defense. If the City of palm Springs fails to promptly notify the applicant of any such claim,action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. 3. 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 filing fee of $1,250.00 plus an administration fee of-$73.00 shall be submitted by the applicant in a form of a money order or a cashier's check in the amount of$1.328.00 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 Notice of Determination. 4. Prior to final map approval, the applicant shall submit a comprehensive set of codes, covenants, and restrictions ("CC&R's") to the Director of Planning and Building with the application for Final Map for approval in a form approved by the City Attorney, to be recorded prior to the issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances and conditions stated herein. CC&R's shall include project design guidelines,including but not limited to landscape requirements,slope restoration, building height standards, walls, building materials, multi-level homes conforming to existing topography. The Is, shall reimburse the City for all legal costs associated with City Attorney review and approval of project CC&R's. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2500, for the review of the CC&R's by the City Attorney, 5. That detailed entry gate plans if proposed shall be submitted pursuant to Section 9404.00 of the zoning ordinance. Plans shall be submitted to and approved by the Director of Planning & Building and City Engineer prior to submission of the final map for approval, 8. The mitigation measures of the environmental assessment shall apply. The •appiioant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans priorto Planning Commission consideration of the environmental assessment. - 7. Architectural approval shall be valid for a period of two(2)years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause, 8. Not used. 9 Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to approval of a final map. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 'Resolution 20322 Page 14 10, The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 11. Priorto 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. 12. The grading plan shall show the disposition of all out and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 13. Drainage sales shall be provided adjacent to all curbs and sidewalks, T wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 14. 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. 15. Pdorto 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, , 16. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 17. The applicant shall relocate underground the existing and all proposed utility Imes prior to the issuance of a building permit_ 18. The applicant shall submit final landscape, irrigation and exterior lighting plans for approval by the Director of Planning and Building prior to approval of a final map. 19. Applicants seeking architectural approval of each future single family residence shall submit detailed grading, site, landscape plans and site cross sections for review pursuant to Section 94.00,Architectural Review„and Section 93,13, Hillside Developments, of the Palm Springs Zoning Ordinance. �2 01 Mass grading shall be prohibited as part of the project. That grading of individual lots shall be prohibited until such time that building permits are issued for single family residences. Contour and terrace grading shall be required for development of individual lots within the project. Split level pads and yards shall be required which step development and create transitions. 21 All retention basins and other drainage infrastructure shall be constructed using a, high quality landscape program and with decorative colored block, and an automated Irrigation system. The retention basin shall be designed to serve as passive recreation areas. All landscaping shall be designed in accordance with Section 93.02 of the Zoning Ordinance. Y- Resolution 20322 Page 15 22. All construction debris on site shall be excavated, removed and replaced with compacted fill. 23. The minimum seismic design of all future residences shall comply with the Uniform Building Cade. 24, All future residences shall employ engineered design and earthquake resistant construction, 26. An on-site detention basin and related drainage improvements shall be constructed by the developer as a part of the project. The basin and related improvements shall be designed and constructed so that its size will detaln sufficient storm water run-off such that the maximum flow existing the basin during a 100-year storm will not exceed the historic flow onto Racquet Club Road West of 62 efs. The basin shall be constructed to contain the 100-year storm with peak flow existing the basin through a 20 feet wide weir structure will be 57.46 ofs, with the basin containing 6.268 acre feet (or 229,475 cubic feet) of stormwater runoff. The basin shall be designed according to the specifications contained in the hydrology report for the project. The tentative map shall be revised to allow for a larger detention basin as required by the study. 26. A final drainage study shall be provided to govem the actual design and construction of the storm drainage improvements for Tentative Tract Map 28495, including storm drain pipe, drainage channels, and the common area detention basin. ' 27, The detention basin shall be landscaped and designed to serve as a passive on-site recreation amenity. 28. The project CC&Rs shall address routine, regular, and after-storm maintenance of all retention related facilities, and a separate maintenance account shall be established and funded for same. Project CC&R provisions regarding drainage and retention basin maintenance shall be approved by the City Engineer. 29. The applicant shall dedicate 30'of street right of way and shall construct half-street improvements along Sanbom Way,including pavement, curb, gutter and sidewalk, to the satisfaction of the Fire Department and the City Engineer. 30. If blasting is determined to be necessary as part of the excavation operation for any of the future residences on the property, the timing such procedures shall be planned with the assistance of a biologist If the biologist determines that the location and extent of blasting is likely to affect sheep lambing, breeding, or watering, blasting should be done during a period when the auditory impacts will be negligible. A biological monitor may also be necessary prior to and during blasting events to halt blasting if sheep are present in the area. While the biologist will determine the final implementation techniques, it is anticipated that the biologist will be positioned at the higher elevations of the site equipped with a spotting scope and radio and would conduct visual surveillance before and during the blasting. ' 31. Any additional landscaping or landscape alteration outside of fenced areas shall consist of plant species that are native to the immediate areas. No oleanders shall be planted on the project perimeter or within areas open to undeveloped areas. � a Msolution 20322 Page 16 32. The final design of any perimeter fencing or walls shall be reviewed by the Planning and Building departments as part of the Architectural Review process for each residence within the subdivision. The fencing shall be of a height, location, and design so as not to create a "trap" for Peninsular Bighorn Sheep that could potentially wander to the fringe of the subdivision. 33, The developer shall construct a fence or wall at least 6 (six) feet high around the perimeter of the subdivision for the purpose of keeping bighorn sheep out of the area of development. 34. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Species Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 35. The developer shall extend sewer service to the site. The project shall Include the provision of sewer service to all future residences. Improvement plans associated with the Final map shall include the provision of sewer service as a part of the project. The developer may enter into a reimbursement agreement with the City. 36. An on-site archaeological monitor shall be present during all grading operations. A report shall be submitted by the monitor to the City following observation of grading operations. A grading report, including daily inspection log shall be submitted and approved prior to final inspection of tract improvements and prior to pad certification for all subsequent single family residences. 37. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 38, Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.1). 39. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 40. An exterior lighting plan in accordance with Zoning Ordinance Section 93,21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. 41_ All future residences shall be subject to Chapters 2,24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permitvaluation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single- family units exempt. Should the public art be located on the project site, said , location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 28495 FOR PROPERTY LOCATED AT THE WEST END OF RACQUET CLUB ROAD, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH TUSCANY HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY WHEREAS, the Planning Commission, at its meeting of March 27, 2002, recommended approval of Tentative Tract Map 28495, prepared by Warner Engineering, representing Tuscany Heights, LLC, a California Limited Liability Company, for the above described property; and WHEREAS, the City Council at its meeting of May 1, 2002, approved Tentative Tract Map 28495 subject to conditions; and WHEREAS, Tentative Tract Map 28495 was subsequently extended by City Council action; and WHEREAS, the owner offers for dedication to the City of Palm Springs Lots "C" and "D", for street and public utility purposes; easements for public utility and sewer purposes with the right of ingress and egress for service and emergency vehicles and personnel, over Lot "A"; an easement for emergency access, with the right of ingress and egress for service and emergency vehicles and personnel over a portion of Lot 9 and 10; and dedication of abutters rights of access adjacent to Racquet Club Road and Sanborn Way. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: 1. That Final Map 28495 is in substantial conformance with approved Tentative Tract Map 28495; and 2. That requisite conditions associated with Tentative Tract Map 28495 have been satisfied; and 3. That Final Map 28495 is in conformance with the General Plan; and 4. That Final Map 28495 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the offers of dedication to the public on Final Map 28495 shall be accepted by the City Clerk of the City of Palm Springs; and 6. That the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement with the subdivider and to accept subdivision Resolution No. Page 2 improvement security in conformance with the requirements therein for construction of required public improvements; and 7. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 8. That Final Map 28495 is hereby approved for purposes therein defined. ADOPTED THIS 6th 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 ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California