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HomeMy WebLinkAbout6/29/2005 - STAFF REPORTS (16) y V N X k X �Cp 1 C QpM}Ep`''P q<<FORN� City Council Staff Report DATE: June 29, 2005 Consent Calendar SUBJECT: CASE 5.0973-PD-311/ TTM 33514, AWARD A PROFESSIONAL SERVICES AGREEMENT WITH MSA ASSOCIATES INC. FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR CASE NO. 5.1042, PD-311, TTM 33514, AN APPLICATION BY PALM CANYON LLC FOR "THE PALM CANYON" PROJECT, AN APPLICATION TO DEVELOP A MIXED USE DEVELOPMENT INCLUDING 32,420 SQUARE FEET OF RETAIL AND 125 CONDOMINIUM UNITS, WITH A MAXIMUM BUILING HEIGHT OF 58', INCLUDING POTENTIAL TO THE GENERAL PLAN AND ZONING ORDINANCE, LOCATED AT 450 SOUTH PALM CANYON DRIVE, CBD ZONE SECTION 15. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY At the direction of the City Council, staff requested a proposal from MSA to prepare an environmental impact report (EIR)for the Palm Canyon project. RECOMMENDATION: 1. Approve Minute Order No. authorizing the City Attorney to prepare a contract to enter into an agreement with MSA Consulting, Inc., for the preparation of a joint Environmental Impact Report for Case No. 5.1042-PD- 311/TTM 33514, an application by Palm Canyon LLC., for the development of the Palm Canyon project, in the amount of$105,000. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The City has received an application for a preliminary planned development district and tentative tract map for the development of 32,420 square feet of commercial and retail development and 125 residential units on a 2.67 acre site. The building would be a maximum of 58' in height. Two neighborhood meetings have been held on the project. MoveN ,, CB.�,_,-.., City Council Staff Report June 298, 2005-- Page 2 The Palm Canyon EIR contract At the applicant's request, the City invited MSA to submit a proposal to prepare an EIR. The application was received on March 7, 2005. Pursuant to the Permit Streamline Act, the application was deemed incomplete on March 30, 2005. To date, the application remains incomplete. MSA was selected for this assignment because it was believed that of all the qualified environmental firms, they would likely have the most success in working with the applicant to assist in completing the incomplete items on a timely basis, to make the application complete, while at the same time initiating the environmental review process under CEQA. The scope of work anticipates 40 weeks to completion. FISCAL IMPACT: The contract will be structured as a pass-through agreement with Wessman Development directly reimbursing the City for all expenditures related to the preparation of the environmental impact report. As a result, there is no fiscal impact to the City. d Norm Canchola, Director of Planning Services David H. Ready, CityM�r�a�gef' Attachments: C 1. Vicinity Map 2. Minute Order 3. Proposal 4. Contract 5. Application (AM) N F"wells°Qc Department of Planning Services W+E u. Vicinity Map S q(IFORN�P SATURNINO RD ❑ n m z D r Q y m 0 z m = O U n Q D z O z a z a 0 � z \ J tJ RAMON RD 1 , 1 Q O U � z Q w J J J J U Q U Legend SITE —� CAMINO PAROCELA 400'_Radius - — — - � -- ��_- "ell21, MINUTE ORDER NO. APPROVING A CONTRACT, IN A FORMAT ACCEPTABLE TO THE CITY ATTORNEY, WITH MSA CONSULTING, INC., FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR CASE 5.0973-PD-31 1/ TTM 33514, AN APPLICATION BY PALM CANYON LLC FOR "THE PALM CANYON" PROJECT, AN APPLICATION TO DEVELOP A MIXED USE DEVELOPMENT INCLUDING 32,420 SQUARE FEET OF RETAIL AND 125 CONDOMINIUM UNITS, WITH A MAXIMUM BUILING HEIGHT OF 58', INCLUDING POTENTIAL TO THE GENERAL PLAN AND ZONING ORDINANCE, LOCATED AT 450 SOUTH PALM CANYON DRIVE, CBD ZONE SECTION 15, IN AN AMOUNT NOT TO EXCEED $105,000. I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that this Minute Order approving Agreement No. , a contract with MSA Consulting, Inc. for the preparation of an environmental impact report for the Palm Canyon project, in the amount of $105,000, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 29rh day of June, 2005. James Thompson, City Clerk MAINIERO, SMITH & AssoCIATES, INC. ND PLANNING ■ CIVIL ENGINEERING ■ LAND SURVEYING June 1, 2005 Mr. Gary Wayne Interim Planning Director City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Re: Environmental Services Statement of Qualifications Dear Mr. Wayne MSA Consulting, Inc. is pleased to provide you with the attached Statement of Qualifications for professional Environmental services in the City of Palm Springs. We understand that the City is establishing or has established a list of environmental consultants that developers may choose from in producing and processing planning and environmental matters before the City. MSA has been providing planning, surveying, and civil engineering services to the Coachella Valley since 1977 and we feel particularly well qualified to assist the City in its environmental efforts due to our knowledge of the City of Palm Springs as well as the overall Coachella Valley. Our planning staff has been working with CEQA since its inception in the early 1970's including authoring the EIR for the Palm Springs General Plan update in 1973 and managed the EIR for the 1993 General Plan. The MSA Planning staff has an extensive combination of education and experience that brings great creativity to the project design. Meeting the California Environmental Quality Act (CEQA) requirements and handling the agency approval processes are both important components of the services offered by the department. Our staff of 74 takes pride in our ability to identify the issues associated with a proposal, be attentive listeners, pose creative solutions and effectively guide clients through the entitlement and environmental maze. MSA is very aware of the role that the environmental consultant plays in providing the City as well as the developer with a factual and neutral report. MSA is committed to forging a project design with a livable, sustainable environment. In a relatively short span of time, MSA has evolved a Planning Department with the highest standards and a quality reputation. Our goal is to maintain both. Our current Planning Department, under the leadership of Margo Thibeault, AICP, includes the Environmental Division under my direction. I joined the Planning Department in June of 2000 after earning my Master's Degree in Urban and Regional Planning from California State Polytechnic University Pomona. I currently direct the preparation of Initial Studies, Environmental Assessments, Environmental Impact Reports, PM-10 Fugitive Dust Mitigation Plans and Phase I Environmental Site Assessments. 34200 BOB HOPE DRIVE ■ RANCHO MIRAGE ■ CALIFORNIA ■ 92270 760.320-9811 ■ 760.323-7893 fax 0 www.MSACONSULTINGINC.001U .l . . ]. June 1, 2005 Page Two As a Project Manager for the firm, I manage all environmental contracts as well as various Planning projects which have particularly challenging site assessment issues or environmental constraints. Another resource on our staff is Marvin Roos, AICP, our Director of Design Development. Mr. Roos was on staff with Palm Springs from 1971 until 1992 at which time he established the Planning Department with then Mainiero, Smith and Associates. All of our staff is committed to the APA and AICP Code of Ethics wherein the community stands on equal footing to our private clients. On a specific note, we have been contacted by Brian Linnekens and Robert Ozell who have requested a proposal to prepare an El for their mixed use project on South Palm Canyon Drive at Ramon Road. We have drafted a scope of services to prepare the EIR but realize that the contract would be between MSA and the City of Palm Springs. We look forward to working with you and the Palm Springs staff in refining that scope and beginning that work. We look forward to the opportunity to work with the City and would appreciate your consideration of adding us to the approved City list of environmental and planning consultants. Please feel free to contact us should you have any questions. Ver ruly yours, C Michelle D. Witherspo MDW:ssf Enclosures MSA CONSULTING, INC. 34200 BOB MOPE LANE i RANCHO MIRAGE ■ CALIFORNIA ■ 92270 760.320-9811 ■ 760.323-7893 fax 0 www.MSACoNSULTINGINC.com SECTION 1.0 PROJECT DESCRIPTION The Palm Canyon is a proposed mixed use development that will provide a neighborhood of residential, recreational and commercial uses. The proposed project site is currently fully developed on approximately 2.67 acres located on the north side of Ramon Road and between Indian Canyon Drive and South Palm Canyon Drive in the City of Palm Springs. The project would replace approximately 47,000 sq. ft. of existing commercial buildings fronting Indian Canyon Drive and Palm Canyon Drive as well as the related parking areas. Surrounding streets are fully improved with curb, gutter, sidewalks and street trees. In addition to the development proposal, the application includes a Zoning Text Amendment dealing with the proposed residential density and a General Plan Amendment to reduce the planned right-of-way for Ramon Road. A modern architectrual style will be the setting of a variety of land uses including 125 residential units, retail services, restaurants and a specialty market (commercial uses total approximately 33,000 sq. ft.) These uses will be contained within a single structure that includes a mixture of building and open spaces ranging from a subterranean level to five stories. The required open space is proposed to be met through the utilization of several creative measures throughout all levels of the structure. These areas will consist of the street level plaza and pedestrian area; the residential common areas (pool terrace, spa terrace, palm grove and wellness garden); and private residential terraces and entry gardens. The subterranean level will contain residential parking. The ground floor will contain the retail, restaurants, specialty market, retail parking, landscaped pedestrian walkways, palm plaza and water feature as well as residential units. The second floor will be the location for additional residential units, a wellness court and gardens, palm grove, activity center, spa and an outdoor pool with shade cabanas. The third floor will contain residential units and a roof garden, the fourth and fifth floors will contain residential units and private residential roof gardens. The project will include three points of vehicular access. Two access points will be located on Indian Canyon Drive. One point will provide commmercial ingress and egress and the other will provide residential ingress as well as commercial ingress and egress. One access point will be located on South Palm Canyon Drive and will serve as a residential exit and the parking service entry. IDMSA Consulting, Inc. Page 1 City of Palm Springs Project Description The proposed community is located within a developed portion of the historic downtown of the City of Palm Springs. Surrounding uses include a two-story bank and single level retail stores with associated surface parking to the north; two-story financial and commercial buildings to the west (across Palm Canyon Drive); a three story commercial complex with underground parking to the south (across Ramon Road); and a single story retail complex to the east (across Indian Canyon Drive). Occupancy levels are fairly high surrounding the property with the notable exception being the vacant auto service station on the NE corner of Indian Canyon Drive and Ramon Road. The property is located within a City redevelopment project area and there are several vacant buildings on the site. The existing restaurant on the NW corner of Indian Canyon Drive and Ramon Road (IHOP) is proposed to be rebuilt within the complex at the same location. Based on our understanding of the Project, City Policies and General Plan, the EIR will focus on the following issues: Aesthetics: Building height, density and mass: While not without precedent in the downtown area, there are currently no buildings in excess of three stories south of the Spa Hotel located at the NE corner of Tahquitz Canyon Way and Indian Canyon Drive. Other buildings in excess of three stories include the Hyatt Hotel (Palm Canyon Drive at Amado Road) and the Wyndham Hotel/Palm Springs Convention Center located on Tahquitz Canyon Way at Avenida Caballeros. Buildings over 35 feet in height are considered "High Rise"by the Palm Springs Zoning Ordinance and may be controversial. Air Quality: Construction impacts and potential increase in traffic: While initially not considered to result in significant impacts, the EIR will analyze the difference between the existing AQ impacts of 47,000 s.f. of commercial uses vs. the proposed 33,000 s.f. of commercial and 125 residential units. In addition to the impacts associated with the development after construction and occupancy, the report will analyze the AQ impacts of the construction of the project. Archeological/Historical: Prehistoric/historic/cultural resources: Since the site is fully developed, the report will detail the literature concerning the site's role in the prehistoric and historic periods of Palm Springs. In addition, the report will review the architectural significance of the current structures on the site. Geotechnical: Subterranean parking facilities: The project's underground parking structure is proposed to extend fully to, and possibly, beyond the property lines. The report will analyze the constriction sequence and potential impacts to adjacent strictures and facilities. IDMSA Consulting,Inc. Page 2 City of Palm Springs Project Description Land Use/Planning: Mixed Use Development: Although both commercial and residential land uses as well as "mixed use" developments are consistent with the General Plan, the proposed development standards for this development will be analyzed for compatibility with existing standards and land uses in light of the revitalization of the Palm Springs downtown. Noise: Construction and potential increase in traffic: The construction of the project will create temporary noise impacts and there will also be noise impacts associated with the development once it is up and ruining. The report will review the noise impacts associated with both. In addition, the noise impacts of the surrounding streets and commercial activities on the firture residents will also be reviewed. Traffic: Existing conditions vs. future conditions: The subject property is currently built out with 47,000 s.f. of retail and restaurant uses. The report will compare the existing conditions with that of the proposed mixed use development including a review of how the mixed use project may result in traffic impact reductions in the downtown core. In addition, the potential GPA to reduce the ultimate right-of-way for Ramon Road will be analyzed. IDMSA Consulting,Inc. Page 3 City of Palm Springs ID. ;, SECTION 2.0 SCOPE OF WORK MSA will be responsible for the following tasks: 1. Prepare Initial Study and Notice of Preparation (NOP.) MSA will assist the City in preparation and distribution of the Initial Study and NOP, and in preparing a project description, location map, and list of probable environmental impacts of the project. 2. Prepare draft Environmental Impact Report (EIR) MSA will prepare an internal review draft of the documents for City staff review and coumnent. MSA will incorporate City comments into the internal review draft EIR. The draft EIR will include all required sections that are described in Article 9, Sections 15120-15132 of the CEQA Guidelines. The City, in coordination with MSA, will identify project alternatives to be considered in the EIR. MSA will be responsible for preparing a PDF file of the draft EIR that will be provided on a compact disc and posted on the City's web site, as well as an adequate number of bound copies of the documents to meet all distribution and public information requirements. 3. Prepare responses to comments received during the public review period. MSA, in conjunction with our subconsultants, will prepare written responses to comments received during the draft EIR public review period. In addition, the final EIR will include a list of persons, organizations, and agencies commenting on the draft and final EIR. 4. Prepare Mitigation Monitoring and Reporting Program (MMRP.) MSA will prepare a mitigation monitoring and reporting program to ensure the implementation of mitigation measures identified to mitigate potential adverse environmental effects of the project. MSA will be responsible for preparing a PDF file of the MMRP that will be provided on a compact disc and posted on the City's web site, as well as an adequate number of bound copies of the documents to meet all distribution and public information requirements. 5. Prepare Final Environmental Impact Report (EIR.) MSA will prepare a camera-ready copy of the final EIR, that will include comments and responses, and a summary of any changes made to the draft EIR that were incorporated into the final EIR. MSA will also be responsible for preparing a PDF file of the final EIR that will be provided on a compact disc and will be posted on the City's web site, as well as an adequate number of bound copies of the documents to meet all distribution and public information requirements. 6. Prepare Findings and Statement of Overriding Considerations (if applicable). `11DMSA Consulting, Inc. Page 4 City of Palm Springs Scope of Work 7. Attend public meetings and public hearings. MSA, and subconsultants as needed, will be responsible for attending team meetings pertinent to the completion of the EIR. MSA will be responsible for attending a sufficient number of Palm Springs City Council public hearings adequate to adopt a final EIR. These meetings will be to present the draft EIR and final EIR to the Palm Springs City Council and may also include a seeping meeting if deemed appropriate by the City. S. Coordination of Sub-Consultants for Special Studies. MSA will be responsible for selecting a range of qualified sub-consultants to prepare the special studies necessary for completion of the E1R. MSA will coordinate with the sub-consultants regarding scope and dates of completion of special studies. `i1DMSA Consulting,Inc. Page 5 City of Palm Springs SECTION 3.0 PROJECT TEAM MSA Consulting, Inc.: Enviromnental Services • Margo Thibeault, AICP • Michelle Witherspoon • Marvin Roos, AICP Special Studies Consultants: • CRM Tech: Cultural Survey • Endo Engineering: Traffic, Air Quality and Noise • Earth Systems Southwest: Geotechnical and Soils • BridgeNet International: Noise Analysis `IIV MSA Consulting, Inc. Page 6 City of Palm Springs Y ROBERT S. SMITH, P.E. President and MSA Consulting, Inc. Principal Engineer Registration California: Registered Civil Engineer,No. 26401 Arizona: Registered Civil Engineer,No. 13386 Years of Experience 30 years Professional Experience Mr. Smith has been a practicing engineer for thirty years worldng on a variety of civil engineering projects. His experience is with both public agencies and private industry. He has been the Principal-In-Charge of the planning, design and construction support services for public improvement, infrastructure, resort and housing projects throughout Southern California. Mr. Smith has a working ]anowledge of the area's water, wastewater, and drainage conditions and design standards. His master platunng and design services have been utilized by municipalities, utility agencies, special districts, County and Federal governmental agencies. His finn, MSA Consulting, Inc., has completed over 1,700 projects in Southern California over the past 28 year's. Education/Credentials M.S., Environmental Engineering Science, California Institute of Technology, 1974 B.S., Civil Engineering, Michigan State University, 1973 Societies Associate Member, American Society of Civil Engineers Associate Member, National Society of Professional Engineers Consultant Member, American Water Works Association Member,Building Industry of America Member, National Association of Hone Builders Relevant Experience Desert Willow Golf Course Project; Palm Desert Redevelopment Agency. Principal Engineer for infrastructure for two 18-hole golf courses, 600 timeshare units, two hotels, conference center in Palm Desert, California. Trilogy at La Quinta, Shea Homes. Principal-In-Charge of 525-acre connnunity, located at Madison Street and Avenue 60, consisting of a 1,300 home master-planned coimnwvty with golf course for active adults. Fred Waring Drive Reconstruction Project; City of Indio, California. Principal-In- Charge for planning, design, construction management of 4,800 l.f. of Fred Waring Drive between Jefferson Street and Madison including the expansion of the bridge over the All- American Canal. Heritage Palms; U.S. Home Corpmntion/Lennar Coryoration. Principal Engineer for a 1,100 home golf course retirement community in Indio, California. Principal-In-Charge of all entitlements, off-site, and on-site civil engineering and construction support services for community and championship golf course. Old Town La Quinta;Marvin investments,Inc. Principal-in-Charge for design and plan preparation for the first phases of 127,000 s.f. village of retail stores, restaurants and offices on six acres in the heart of La Quinta. Talavera at Andreas Ranch;D.R. Horton, Inc. Principal-In-Charge for design and plan preparation for a 285-acre 820-lot single fain ly community located north of Interstate 10 on the north side of Avenue 38 at Jefferson in the City of Indio. R .a MAR GO M. THIBEAULT, A.LC.P. Director of MSA Consulting, Inc Planninje Services Years of Experience 25 years Professional Experience Ms. Thibeault has been a practicing planner since 1980. She joined MSA Consulting, Inc. in 1998 after 17 years of practice in local government. Ms. Thibeault worked for a variety of California commirnifies, both large and small. Beginning in 1980 with the City of San Bernardino as a Zoning Aide, Ms. Thibeault advanced professionally working for the valley cities of Cathedral City and Palm Springs. During her work experience with the City of Moreno Valley, Ms. Thibeault led a team of five planners, administering the 13 adopted specific plans. Also during this time, the team processed a 3,000-acre Specific Plan known as Moreno Highlands. As Planning and Building Director for the City of Calistoga, Ms. Thibeault was responsible for all day to day operations including current and advanced planning, infrastructure planning and allocation of water and wastewater resources, building permits issuance and Code Enforcement. After leaving the public sector, Ms. Thibeault worked as a land use consultant for the Napa County law firm of Dickenson, Peatman and Fogarty. Her focus at MSA Consulting,Inc. is the development of land planning and entitlement processes as well as independent project management for the firm. As Director of the Department Ms. Thibeault is responsible for all aspects of the firm's planning engagements, including proposals, staffing, scheduling and the technical integrity of completed documents. Education/Credentials Bachelor of Arts, Geography, California State College, San Bernardino, 1980 Master of Arts,Public Administration, California State University, San Bernardino, 1989 Societies Member,American Planning Association Member, American Institute of Certified Planners Relevant Experience City of Moreno Malley, California. Division leader for the Specific Plan team responsible for the implementation of eleven adopted specific plans, processing amendments thereto and the entitlement process of a 3,000 acre specific plan. City of Pahn Springs, California. Responsible for the processing of development applications including the preparation of CEQA documents, architectural review cormnittee administration and subdivision processing. The work experience also included training within the Organizational Development program as a facilitator of training programs for other employees. City of Calistoga, California. As Planning and Building Director responsible for the day to day administration and personnel of the Department, including development application processing, code enforcement and allocation of water and wastewater resources. Coordinated the preparation of an EIR for a 400-room resort hotel. Mid Malley Center, Pahn Springs, California. As Project Manager, guided a 287-acre mixed use development thorough entitiementS processing, on behalf of tribal members of the ACBCI. The development includes an 18 championship golf course, 300 room hotel, 200 timeshare units and a retail office component. Ms. Thibeault prepared the CEQA and NEPA documents in support of the application. Century Crowell Communities; Mountain Gate, Pahn Springs, California. As Project Manager for this 308 unit development, assisted in a public relations effort to gain neighborhood support for the project. Pulte Homes; Solera at Desert Dunes, County of Riverside, California. As Project Manager for this 2,250 planned active adult community, responsible for coordination of entitlement and development plan processing and also working closely in the preparation of the EIR. First West Capital Corp.; StoneRidge, Desert Hot Springs, California. As Project Manager, successfully processed a 2,140 unit single family planned community on 604 acres, including assistance to the EIR Consultant. ",IJ% (•�•'i; MICHELLE D. WITHERSPOON Director of MSA Consulting, Inc Environmental Services Years of Experience 7 years Professional Experience Ms. Witherspoon joined the Planning Department in June of 2000 after earning her Master's Degree in Urban and Regional Planning from California State Polytechnic University Pomona. Ms. Witherspoon directs the preparation of Initial Studies, Environmental Assessments, Environmental Impact Reports, PM-10 Fugitive Dust Mitigation Plans and Phase I Environmental Site Assessments. In addition, as a Project Manager for the firm, she manages various Planning projects which have particularly challenging site assessment issues or environmental constraints. Education/Credentials Bachelor of Science in Zoology,University of Oklahoma,Norman, 1992 Master of Urban and Regional Planning, California State Polytechnic University, Pomona, 2000 Societies Member,American Planning Association Member,American Public Works Association Certifications South Coast Air Quality Management District (Coachella Valley Fugitive Dust Control Certification#03-11-131 November 2003) Environmental Assessment Association (Certified Environmental Inspector No. 77195 May 2003) Building Industry Association of Southern California (Construction Stormwater Compliance) Relevant Experience As Director of Environmental Services for MSA provides management of projects, including: Phase I Environmental Site Assessments: Research of environmental history of sites, coordination and retrieval of environmental information through computer data bases and production of final reports for properties throughout the Coachella Valley. Fugitive Dust Mitigation (PM10) and Stormwater Pollution Prevention Plans (SWPPP): Responsible for research, consultant contact and production of PM10 and SWPPP plans for projects up to 500-acres. CEQA/NEPA Documents: Research and writing of CEQA and NEPA documents including Initial Studies for Mitigated Negative Declarations, Environmental Assessments, Expanded Environmental Assessments and Environmental Impact Reports. Specific Experience Bond Capital; Pietra Del Sol, Cathedral City, California. As project manager for the environmental review process of an approximately 230 acre project that included up to 1800 residence and 17 acres of commercial uses, coordinated special study sub- consultants and generated the CEQA Initial Study and the NEPA Environmental Assessment(for the Bureau of Indian Affairs.) Cahazon Band of Mission Indians; General Plan Amendment, Indio and Coachella, California. As project manager for the environmental review process for the General Plan Arnendrnerit grid Change of Zone for approximately 80 acres, coordinated with special study sub consultants and generated two Initial Studies within the Cities of Indio and Coachella. Stoneridge; Desert Hot Springs, California. As a team member for the environmental review process for approximately 604 acre project that included approximately 2000 residential units, initiated and participated in the production of the Environmental Impact Report. Trans West Housing, Palm Springs Village, Pahn Springs, California. As project manager for the environmental review process for an approximately 309 acre project that included up to 1200 residences and an executive golf course, coordinated special study subconsultants and generated the Expanded Environmental Assessment as well as the Mitigation Monitoring Program. Valley Sanitary District; Avenue 48 Sewer and Water Line Installation, Indio, California. As project manager for the environmental review process, managed the generation of the Initial Study and Mitigation Monitoring Program and processed the Mitigated Negative Declaration. �� .. Z, p�d MARVIND. ROOS, AL CA Director of MSA Consulting, Inc Design Services Years of Experience 34 years Professional Experience Mr. Roos has been a practicing planner since 1971. He joined MSA Consulting, Inc. in 1992 after 20 years with the City of Palm Springs. He joined the City of Palm Springs in January 1971 being selected on the basis of his architectural and urban design background. He started as an Assistant Planner and was promoted through the ranks to Planning Director in 1979. After joining MSA Consulting, Inc., Mr. Roos directed land planning and entitlement processes for the firm, developing the Planning Department into the Coachella Valley's premier planning group. In addition to providing senior project management for MSA, as Director of Design Development, Mr. Roos currently oversees the creative aspects of all of the firm's land planning assignments, focusing on project design and business development. Education/Credentials Bachelor of Architecture,University of California,Berkeley, 1970 Post Graduate Coursework, University of California, Riverside and University of Southern California including Urban Design, C.E.Q.A., Design Review, Urban Economics, Urban Transportation,Policy Analysis Societies Member,American Planning Association Member, American Institute of Certified Planners Chairman, Building Industry Association Legislative Affairs Committee Board of Directors,Building Industry Association Member, California Planning Roundtable Significant Projects City of Palm Springs General Plan Update/EIR. Responsible for the development of the text and policies as well as the environmental consultant coordination and data base formation of the first major update of the City's General Plan in nearly 20 years. The process included two years of community participation through surveys and workshops. Coordinated consultants preparation of EIR. Heritage Palms, U.S. Home Corporation. Project Plamier for award winning 380-acre master planned retirement community and golf course in City of Indio. Project includes 1,100 residential units, a commercial center and an 18-hole golf course. Efforts included site planning, Project Master Plan, Conceptual Specific Plan, maps, environmental studies coordination and project implementation. Mid-Valley Center. Project designer for a 270-acre mixed-use resort/busmess park in Palm Springs. Processing included a CEQA/NEPA expanded environmental assessment, as Indian Allottees were also applicants. Wonder Palms Commercial Center. Project planner for 270-acre commercial center located in City of Palm Desert. Development proposal is for 1.6 million square feet of mixed use commercial, industrial and residential uses. Pima Gro Biosolids Composting Facility. Project planner in charge of dual CEQA/NEPA Environmental Assessment for 40-acre parcel located on the Torres- Martinez Indian Reservation near the Salton Sea. Palm Canyon LLC. Project planner for multiple residential subdivisions within the Canyon Specific Plan area in south Palm Springs. Handled all design and entitlement efforts including preparation of Supplemental EIR for Monte Sereno community. City of Calistoga, California. Consulting Planner to City to develop General Plan and Zoning Ordinance standards to protect unique, local character and ambiance. General Plan policies and Ordinance adopted allow City to maintain its unique charm and personality. Palm Springs Village. Project planner for 1100 unit mixed residential and golf community in Palm Springs. Efforts included project design, entitlement processing and development of expanded Environmental Assessment including special studies coordination. , . SECTION 5.0 ESTIMATED SCHEDULE (Schedule subject to modification based on City and Public comments.) Completion of the Initial Study: 2 weeks Completion of the Notice of Preparation: 1 week Preparation,posting and appeal period for Notice of EIR: 4 weeks Completion of Special Studies: 12 weeks Preparation of Draft EIR(following receipt of completed Special Studies): 12 weeks Public Review of Draft EIR: 45 days Preparation of Final EIR: 2 weeks IDMSA Consulting,Inc. Page 8 City of Palm Springs SECTION 6.0 FEE SCHEDULE Client agrees to compensate Consultant for such services as follows: Consultant shall complete the work outlined above in accordance with the fees schedule identified below and shall invoice Client on a monthly basis on the percentage of completion. TASK DESCRIPTION FEE All Tasks Initial Study/NOP/Draft EIR/Responses/ .................................$105,000 Mitigation Monitoring and Reporting Program/ Final EIR/Findings and Statement of Overriding Considerations/ Public Meetings/Public Hearings/Special Studies/Coordination TOTAL—All Tasks..........................................................................................$105,000 The proposed fee would include all labor, materials and incidental expenses such as vehicle mileage, postage, toll calls, and CADD computer time. Not included are reproduction costs, title company charges, special mailing charges, application, and filing or permit fees. Non-contract services, if requested, would be charged hourly and include meetings, special data transfers or constriction support services. Scheduling for the Work will commence upon receipt of a signed copy of this Contract Agreement and a deposit in the amount of $20,000, which will serve to acknowledge approval of the terms contained herein. Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Consultant. The proposed Agreement, both Scope and Fee, contained herein, shall be valid until July 1, 2005. IDMSA Consulting,Inc. Page 9 City of Palm Springs �yr MAINIER09 OD PLANNING ■ CIVIL ENGINEERING e LAND SURVEYING CURRENT HOURLY BILLING RATES CLASSIFICATION April 1, 2005 HOURLY RATES Principal Engineer $200.00 Senior Project Manager 175.00 Director of Planning 175.00 Director of Design 175.00 Director of Surveying/Mapping 175.00 Director of Environmental Services 140.00 Project Manager 140.00 Senior Project Engineer 135.00 Senior Surveyor 130.00 Senior Surveying Technician 130.00 Assistant Project Manager 125.00 CADD Manager 115.00 Precise Grading Manager 115.00 Survey Technician 115.00 Project Engineer 110.00 Senior Designer 110.00 Senior CADD Designer 105.00 CADD Designer 95.00 Assistant Project Engineer 100.00 Planner 100.00 Planning Technician 105.00 Utility Coordinator 75.00 CADD Technician II 80.00 CADD Technician 1 70.00 One-Man Survey Crew (Field) 130.00 Two-Man Survey Crew 190.00 Three-Man Survey Crew 240.00 Two-Man GPS Crew 245.00 Three-Man GPS Crew 290.00 Project Administrator 80.00 Administrative Assistant 65.00 Office Aide/Clerical 50.00 The above rates include all labor, materials and incidental expenses such as vehicle mileage, postage, toll calls, and survey materials. Not included are reproduction costs, title company charges, special mailing charges, application, fling or permit fees, survey monuments, or services by outside sub-consultants. Any such charges prepaid by Engineer shall be invoiced to Owner at 1.2 times actual cost. 34200 BOB HoPF DRIVE ■ RANCHO MIRAGE ■ CALIFORNIA ■ 92270 760.320-9811 ■ 760.323-7893 fax 0 www.MSACoNSULTINGINC.com MSA Consulting, Inc. SaID �mple Projects Project: Trilogy at La Quinta/Shea Homes MSA completed pre-design surveys, all design civil engineering and provided all the construction surveying for the 525-acre development located at Avenue 60 between Monroe and Madison Streets in La Quinta. The project, now under development, includes 1,200 residential units, golf course and backbone infrashucture. "�g i�t� 1✓'aiANis vrf N .LY�S�PX' � ~y Af ' e � y_ 4- Trilogy at La Quinta,La Quinta Contact: Ulrich Sauerbrey Shea Homes 81-260 Avenue 62 La Quinta, California 92253 (760) 777-6006 SAMPLE PROJECTS Project: Old Town La Quinta MSA was responsible for design and plan preparation for the first phases of the 127,000 s.f. village of retail stores, restaurants and offices on six acres in the heart of La Quinta. 11'�� '�.rf� s e.N• ,.._ �_V_ Old Tomi La Quinta,La Quinta Contact: Wells Marvin Marvin Investments, Inc. 78-080 Calle Estado, Suite 201 La Quinta, California 92253 (760) 771-2567 SAMPLE PROJECTS Project: Heritage Palms, City of Indio On behalf of U.S. Home Corporation/Lennar Communities, MSA perfonned planning, civil engineering design, surveying, and constriction management services for a 380-acre Senior Residential Retirement Community comprised of an 18-hole golf course, clubhouse and 1,005 single family units. The services completed included all boundary and topographic surveys, utility research, land planning, computer site planning, cost estimates, Storm Water Pollution Prevention Plan, Fugitive Dust Mitigation Plan, Signing and Striping Plan, hydrology exhibit, subcontractor consultation, street geometry, and Phase 1 Environmental Assessment. The Project included 4,800 l.f of street improvements, with medians, for Fred Waring Drive between Jefferson Street and Madison Street in Indio. The project also included the expansion of the existing bridge over the All-American Canal as well as two intersections with signalization. y1 t ; ; N . Heritage Pabns,Indio Contact: Greg Dooley Lennar Communities 391 North Main Street, Suite 301 Corona, California 92880 909-817-3605 SAMPLE PROJECTS Project: Desert Willow Resort MSA performed all civil engineering services related to the design and plan preparation and surveying services for the two 18-hole Desert Willow golf courses, clubhouse and maintenance facility. In addition, MSA performed all design for Club liitrawest's 600-unit timeshare resort and constriction of Phase 1 and 2 for the Intrawest Corporation. Included was a 10,000 s.f. Sales Center and 8,000 s.f. Amenity Building. 1 M 1, Club Intrawest,Palm Desert, California IF _IF .y.ry va1� 1 T l'ry �1$ Y•'w r Contact: Bill Inman Dave Yrigoyen Club Intrawest City of Palm Desert Number One Willow Ridge Redevelopment Agency Resort Ownership Corporation 73-510 Fred Waring Drive Palm Desert, California 92260 Palm Desert, California 92260 (760) 674-1200 (760) 776-6306 .- SAMPLE PROJECTS Project: Hyatt Grand Champions Expansion MSA performed all civil engineering services related to the design and plan preparation and surveying services for the $65 million makeover of the 34-acre Grand Champions Resort. The European-styled hotel was transformed into a 479-room, large conference and meeting group- oriented resort. The Hyatt expansion includes the Agua Serena Spa with outdoor garden areas and a reflecting pool, three new tennis courts, six pools and a redesign of the resort's public spaces, accented with lagoons and palm trees. Hyatt Grand Champions Expansion, California Contact: Mark Solit Solit Interests Group 50 El Castillo Orinda, California 94563 (925) 254-5510 SAMPLE PROJECTS Project: Palm Springs Convention Center/Phase II Expansion Serving as consultants to Fentress Bradbuin Architects, Ltd., MSA is responsible for the civil engineering portion of the schematic plans, design development and construction documents for the Phase lI Expansion of the Convention Center. Once completed in May 2005, the Convention Center will offer 200,000 square feet of meeting and exhibition space within easy walking distance of the hotels, inns, shops and restaurants in Palm Springs. The Phase It construction will add 20,000 square feet of meeting space, 35,000 square feet of exhibit space, and 38,000 square feet of prefunction/registration area. Two outdoor function areas, a 12-bay loading dock, high- speed Internet access throughout the building and new administration offices are included in the expansion. 6 �.�' m iaY11�lT IP 'a wa'Mnsr,xdy�+fdE'�(S'a�.' , _ ' rj{l�yiR 1 9ifi;.4.o fllf� I,nw1bU� Palm Springs Convention Center/Phase HExpansion Contact: John Kudrycki Fentress Bradburn 421 Broadway Denver, Colorado 80203 (303) 722-5000 IDMSA Consulting, Inc. Current and Recent Projects Lists MSA Consulting, Inc. has performed or is currently performing planning, civil engineering, or surveying services for the following list of projects: • U.S. Home Corporation/Lennar Communities Heritage Palms, Indio, California • Palm Desert Redevelopment Agency/Club Intrawest Desert Willow Golf Course and Resort, Palm Desert, California • Shadowrock, LLC Shadowrock Golf Course, Palm Springs, California • Club Intrawest Desert Willow Resort, Palm Desert, California • Fentress Bradburn Palm Springs Convention Center/Phase II Expansion Palm Springs, California • Century Crowell Communities Duna Fairways at La Quinta Resort & Club Siena Del Rey,La Quinta, California Shadow Hills,Indio, California Mountain View by Mission Lakes Country Club, Desert Hot Springs, California Mountain Gate I and 11, Palm Springs, California El Dorado Country View Estates, Desert Hot Springs, California • Hill Glazier Architects Hyatt Grand Champions Expansion, Indian Wells, California • County of Riverside/Mead & Hunt, Inc. Jacqueline Cochran Regional Airport, Thermal, California • Palm Desert Redevelopment Agency Hovley Gardens, Palm Desert, California • The Haskell Company Arrowhead Water Bottling Facility, Morougo Indian Reservation, California • Monterey 170,LLC Desert Gateway Center,Palm Desert, California • Marvin Investments Old Town La Quinta, La Quinta, California • Shea Homes for Active Adults Trilogy at La Quinta • Cornerstone Developers/Lennar Communities Esplanade, La Quinta, California • Trans West Housing, Inc. Moutelena,Indian Wells, California Griffin Ranch, La Quinta, California • Centre Pointe Development Centre Pointe, La Quinta, California • Lennar Communities Escena (Palm Springs Classic), Palm Springs, California • The PENTA Building Group,Inc. Spa Casino Expansion, Palm Springs, California • D.R. Horton,Inc. Talavera,Indio, California • Pulte Home Corporation Desert Dunes, Desert Hot Springs, California • Palm Springs Modern Homes Arenas I/Arenas II Baristo and Sunrise Racquet Club West Tahquitz Canyon Way • Bayshore Development Company The Enclave at Sunrise, Palm Springs, California The Enclave at La Quinta, La Quinta, California The Enclave at Avenida Caballeros, Palm Springs, California • Desert Elite,Inc. Capistrano,La Quinta, California Rancho Santana, La Quinta, California Madison Ranch, Indio, California • Coachella Valley Water District Water Transmission Pipeline, Gerald Ford/DaVall,Rancho Mirage, California • Fairfield Resorts Fairfield Resorts at Star Canyon, Palm Springs, California CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of , 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and LSA Associates, Inc., (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,the Contractor shall provide those services specified in the"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services"or"work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest,which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments,taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiaritv with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c)fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officerto the Contractor, incorporating therein any adjustment in (i)the Contract Sum, and/or(ii)the time to perform this Agreement,which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000, whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements"attached hereto as Exhibit"B"and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the"Schedule of Compensation" attached hereto as Exhibit"C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Dollars, ($ ) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs,telephone expense,transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation therefore, and the provisions of Section 1.8 shall not be applicable for such services. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1 st) working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time oeriod(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,freight embargoes,wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1)yearfrom the date hereof,except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Lyndon T. Calerdine, Principal It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Aqainst Subcontractinq or Assiqnment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor,the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means bywhich Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsementform CG2010(1185) or equivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d)Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit "B". All of the above policies of insurance shall be primary insurance. (Reference Section 5.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk,which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City ("City Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services,the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance,technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officerto evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractorfails to secure such assignment, Contractorshall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county,and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10)days of service of such notice and completes the cure of such default within forty-five (45)days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing orfailing to perform Contractor's obligation underthis Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any'payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or differenttimes, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement, 7.7 Liquidated Damaqes. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ($ ) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Priorto Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at anytime, with or without cause, upon thirty(30)days'written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60)days'written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take overthe work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted,whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-IiabilitV of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement norshall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Aqainst Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them,that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request,document, consent, approval,or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid,first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) 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 this Agreement does not violate any provision of any other Agreement to which said party is bound. (SIGNATURES ON NEXT PAGES) ii. IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: By: City Attorney CONTRACTOR: LSA Associates, Inc. Check one:_Individual_Partnership_Corporation 901 E.Tahquitz Canyon Way Palm Springs, CA 92262 Corporations require two notarized signatures,one from A and one from B: A.Chairman of Board,President,or any Vice President: and B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer). By: By: Signature (notarized) Signature (notarized) Name: Name: Title: Title: Address: Address: State of } State of } County of )ss County of )as On before me, On before me, personally appeared personally appeared personally known to me(or proved to me on the basis of personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by in his/her/their authorized capacity(ies), and that by his/her/theirsignature(s)on the instrument the person(s), his/her/theirsignature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, or the entity upon behalf of which the person(s) acted, executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Notary Signature: Signature: Notary Seal: Notary Seal: ``�..ai EXHIBIT "C" SCHEDULE OF COMPENSATION The following table provides the budget estimate by task along with the estimated costs of optional tasks. The proposed baseline budget for the EIR is $. Additional meetings would be billed on a time and material basis. Standard billing rates are given on the next page: I ,:_ 113 4- EXHIBIT "D" SCHEDULE OF PERFORMANCE Assuming that the NOP is issued on and no lengthy technical studies are required, the following schedule is feasible. Action Date Contract Notice to Proceed Alternatives Description Completed NOP Issued Screencheck EIR to City Staff Comments to Consultant Draft FIR Issued for Public Review Close of Comments Consultant Submits Response to Comments Staff Approves Final EIR First Planning Commission Meeting Planning Commission Meeting(2) City Council Meetings EIR Certification We will work pro-actively with the City to develop a final schedule that meets the City's requirements. ---------- ---------------------------------------- Office Use Only DATE SUBMITTED CASENO. •�oy2'dPl�-31� PLANNER ----------------------------------------------------------------------------------------- CITY OF PALM SPRINGS Department of Planning &Building Planned Development and Environmental Assessment TO THE APPLICANT: Your cooperation in completing this application and supplying the information requested will expedite City review of your application pursuant to local procedure, State Law and the California Environmental Quality Act. The City is required to make an environmental assessment on all projects over which it exercises discretionary approval. Applications submitted will not be considered complete until all information necessary to make the environmental assessment is complete. If necessary, attach additional sheets referencing your responses. Also, if your response to one question is applicable to others in this form, please feel free to reference the appropriate question. Please submit this application and subsequent material to the Department of Planning & Building. PROJECT ADDRESS: 450-490 South Palm Canyon Drive APPLICANT'S NAME: South Palm Canyon, LLC Check One: ❑ Owner ❑ Lessee ® Authorized Agent OWNER'S NAME (Please Print): Wayne &Francis Lee LLCc/o South Palm Canyon,LLC Mailing Address: 4641 Leahy Street Fax: (310) 280-2796 and (310)576-9933 Culver City, CA 90232 Email: rozell@hqdevelopment.net Telephone Nu nber: (310) 280-2830 blinnekens@yahoo.com PD Revised 11/98 LA/1097508.1 11;'"',l �: TO THE PLANNING COMMISSION: I, (we) the undersigned, applicant(s) for the property described below, hereby request that you grant an approval of this Planned Development application to allow the use described as follows, including statement of purpose for the project. (Specify type of use.) A retail/residential mixed use development consisting of approximately 32,420 square feet of retail space and 125 condominium units, together with all related improvements. The proposed use will be constricted and/or operated on the property situated on: _South Palm Canyon Drive (Drive, Road, etc.) located between Rite-Aid, Big 5 and Staples to the north Ramon Road to the south South Indian Canyon Drive to the east and South Palm Canyon Drive to the west. Zone C-B-D Section 13 Legal description (Lot, Block, Tract, Section, Township, Range) of the property is: (If the legal description is by metes and bounds, it must have a point of beginning that can be identified on the City Engineering Department maps.) Lots7, 8 and 9 in Block 29 NIB 009/432 SD Map of Palm Springs, City/Muni/Twp: Palm Springs. ASSESSORS PARCEL NO.(S): 513 — 214 — 004, 005 513 — 214 — 010 and 011 GENERAL INFORMATION: 1. Expanded statement of project. (This statement should reflect in detail the use being applied for and/or in the case of new development, the statement should reflect the architectural and environmental characteristics important to the project, type of environment being created, unique aspects, landscape concepts, etc): See attached Rider 1. PD Revised 11/98 LAi1097508.1 -2- 2. Common name of project (if any): The Palm Canyon 3. What original deed restriction(s), if any, concerning the type of improvements and class of uses permitted were placed on the properly involved? You may attach copy of original printed restrictions in answer to this question after properly underscoring those features governing the type of improvements and class of uses permitted thereby. None Give date restrictions expire: . N/A _ Month Day Year 4. When did present owner acquire the properly? September 25 1998 Month Day Year 5. Relationship to a larger project or series of projects. Describe how this project relates to other activities, phases and developments planned or now, underway: See attached Rider 2. 6. List and describe any other related permits and other public approvals required for this project to proceed, including those required by the City, Regional, State and Federal agencies. Indicate subsequent approval agency name and type approval required: This project will require demolition, building and related permits from the City of Palm Springs Department of Building and Safety. 7. Does your project abut State Highway III? Yes ❑ No ® If yes, please attach two additional site plans for CalTrans review. Describe proposed access to State Highway I I I and indicate reasoning behind your proposal. N/A 8. Is your project located on Agua Calienle Band of Cahuilla Indian Reservation land? Yes ❑ No ® If yes, please attach a copy of lease. 9. Does your project fall within the noise impact combining zone as shown on the City's Official Zoning Map? Yes ❑ No ® If yes, a signed Airspace & Aviation Easement Deed must be subnutted prior to issuance of building permits. PD Revised 11/98 LM 097508.1 -3- EXISTING CONDITIONS: 1. Project Site Area: 116,170 s.f. 2.67 acres (Sq. Ft. and Acreage) 2. Existing use of the project site: Retail stores, restaurant and vacant. 3. Existing uses of adjacent properties (Example — North, shopping center; South, Single family dwellings; East, vacant, etc.): North: Rite-Aid, Staples & Big 5 retail center; South: Ramon Road West: S. Palm Canyon Drive East: S. Indian Canyon Drive 4. Site topography description. (If any portion of the site exceeds 1% slope, attach a topographic display of the proposal site or incorporate into plot plan; if less than 1% slope, please provide elevation at each corner of the site on the plot plan.): See attached Grading Plan. 5. Grading (Estimate number of cubic yards of dirt being moved.): Cut approx. 28,000 cubic yards Fill none 6. Are there any natural or man-made drainage channel areas through or adjacent to the Property? Yes ❑ No ® If yes, submit a display of such drainage channel areas. Describe the disposition of these channels/areas should the proposal be implemented. N/A 7. Are there any known archaeological finds near or within the proposed site? Yes ❑ No ❑ N/A (An archaeological survey may be requested should it be determined that the proposal site hosts archaeological finds.) PD Revised 11/98 LA/1097508.1 4- �'.. S. Describe any cultural or scenic aspects of the project site: None 9. Describe existing site vegetation and its proposed disposition should the proposal be approved: The existing parking lot planters contain several medium sized trees that will be removed to the extent practicably feasible. The project will include dramatically increased vegetation _in the retail plaza, residential courtyards and other common areas. (If any significant plant materials, e.g., mature trees, exist on the site, please prepare a site plan that illustrates their number, type, size and location.) 10. Describe accessibility of proposal site to the following utilities: gas, water, sewer and electricity. If proposal site does not have immediate access, further describe necessary extension of sewers and provide a graphic display, 8 1/2" x I I" that indicates their present location in reference to the proposal site. This is an in-fill development with existing access to gas, water, sewer and electricity. 11. Does the proposal necessitate the installation of individual sewage disposal systems? (septic tanks and absorption fields) Yes ❑ No ® If yes, respond to the following under separate cover and attach four copies to this application: A. Provide name, address, phone number and place of residence of person who will sign report of waste discharge form. B. Origin of wastewater being discharged within proposal site. Include each type, such as sewage, swimming pool backwash, self-service laundry, etc. C. Present and design flow in gallons-per-operating day of each type of wastewater. D. Source of water supply. E. Location of nearest well within 200 lineal feet of proposed site. F. Proposed type of treatment and disposal of wastewater. G. For subsurface disposal systems, submit an 8 1/2" x I I" site plan (to scale) with PD borders (1 1/2" top and 1 1/2" bottom) showing existing and proposed restrooms, Revised 11/98 LA/1097508.1 recreation vehicle spaces, swimming pools, septic tanks, seepage pits or leach fields. Also indicate areas reserved for 100% replacement of seepage pits or leach fields in case of failure. H. Percolation test rate of soil. I. Depth of groundwater at disposal site. J. Describe whether the development will be frilly occupied throughout the year. If not, what will be: 1. Peak occupancy and time of yeu? N/A 2. Low occupancy and time of year? N/A I PD Revised 11/98 LA/1097508.1 -6- "S ANTICIPATED CHANGES AS A RESULT OF THE PROPOSAL Are the following items applicable to the project or its effects? Discuss all items checked yes or maybe on a separate sheet. 1. Change in existing features of hillsides, or substantial ❑ Yes ❑ No ❑ Maybe alteration of ground contours. 2. Change in the dust, ash, smoke, fumes or odors in the ❑ Yes ®No ❑ Maybe project vicinity. 3. Subject to or resulting in soil erosion by wind or flooding. ❑ Yes ®No ❑ Maybe 4. Change in ground water quality or quantity, or alteration of ® Yes ❑ No ❑Maybe existing drainage patterns. 5. Change in existing noise or vibration level in the vicinity. ❑ Yes ®No ❑Maybe Subject to roadway or airport noise (has the required acoustical -report been submitted?) 6. Involves the use or disposal of potentially hazardous ❑ Yes ®No ❑ Maybe materials, such as toxic substances, flammable or explosives. 7. Involves the use of substantial amounts of fuel or energy. ❑ Yes ® No ❑Maybe 8. Changes the demand for municipal services (police, fire, ® Yes ❑ No ❑Maybe sewage, etc.) 9. Changes the demand for utility services, beyond those ❑ Yes ® No ❑Maybe presently available or planned in the near future. 10. Significantly affects any unique or natural features, ❑ Yes ® No ❑Maybe including mature trees 11. Change in scenic views or vistas from existing residential ❑ Yes ®No ❑ Maybe areas or public land or public roads. 12. Results in the dislocation of people. ❑ Yes ® No ❑Maybe 13. Generates controversy based on aesthetics or other features ❑ Yes ❑No ❑ Maybe of the project. I ® Additional explanation of"yes" and "maybe" answers attached. 1 CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation, to the best of my ability, and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. Robert Ozell, South Palm Canyon, LLC (' rm r Type) For � February 28, 2005 S' natur Date PD Revised 11/98 ENVIRONMENTAL ASSESSMENT Additional Explanation of Answers The following are additional explanations of the "yes" answers reported on the check-list entitled: Anticipated Changes as a Result of the Proposal. 4. The proposed project will significantly improve the sheet water flow and retention of rain water on the site. Currently, over two-thirds of the entire site is covered by a parking lot with very few planters or other elements that capture or absorb rain water. As a result, almost all of the water that falls on the property quickly collects and flows off of the property onto S. Indian Canyon Drive, towards the northeast corner of the property. The newly proposed building will not have any exposed parking, and therefore, will significantly reduce the sheet flow of rain water. In addition, the proposed building will include several heavily landscaped residential courtyards which cover almost half of the entire site. These courtyards, landscaping, pools and vegetation will naturally absorb and retain much of the rain water that falls on the site. Furthermore, the proposed project also contains a large landscaped retail plaza, a large water feature in the plaza and numerous residential rooftop gardens which will also collect and retain significant rain water. For all of the foregoing reasons, the design of this project will dramatically improve the current drainage patterns and rain water retention on the site. 8. The proposed project includes residential uses which will increase the demand for police, sewer and other municipal services. However, the proposed project reduces the total retail space to roughly 75% of the current retail space that exist on the site. Because retail fires are the most dangerous and the most difficult to manage, this reduction in the commercial square footage should actually reduce the demand on the Fire Department. Furthermore, the current site contains several vacancies and has therefore become a haven for transient people. The few remaining retail tenants that occupy the existing commercial buildings have indicated that they frequently need to call the police to deal with the transient problem. The proposed project will revitalize the south end of downtown and will eliminate the transient problem on the site. This should also relieve some of the burden on the Police Department. Therefore, even though the project does include the addition of residential uses which may increase some municipal services, the reduction in retail space and revitalization of the property should also reduce the need for certain municipal services. RESIDENTIAL PROTECTS DO NOT answer if project is not residential. 1. Number and type of dwelling units (Specify number of bedrooms): 125 two-bedroom condominium units 2. Schedule of unit sizes: See attached Rider 3. 3. Number of stories 1-5 Height IS' to 58' (maximum) 4. Largest single building (sq. ft.) 37,580 s.f. Height 48' to 58' (max.) 5. Square footage of each building and of the uses in each building: The project contains several clustered, but connected buildings totaling approximately 184,080 s.f. of residential space. 6. Type of household size expected and population projection for the entire project: Each unit will have 2 bedrooms, with an expected average household size of 1.75 persons. The project is projected to have a total of approximately 220 full time and part time residents. 7. Describe the number and type of recreational facilities: Swimming pools, pool house, activity center, multiple themed garden areas, outdoor plaza, view areas, expected spa tenant. 8. Is there any night lighting of the project? Yes ® No ❑ If yes, what type? See attachment from MRC Engineering, Inc. 9. Range of sales prices: $ then current market value to $ then current market value 10. Area &percent of total project devoted to: Building........................................................ 100,190 ft. 86.2 % Paving, including streets or drives, etc......... 0 ft. 0 % Landscaping, Open, Recreation Area .......... 76,975 ft. 66.3 % 11. Parking spaces required 219 Number provided 250 12. Number of parking spaces covered 250 Number open 0 PD Revised 11/98 LA/1097508.1 -8- 13. Is the proposal site affected by a roadway noise contour or Airport Noise Contour? Yes ® No ❑ If yes, please fill in the following where applicable: Existing Roadway Contour 2010 Roadway Contour 70db feet from centerline feet from centerline 65db feet from centerline feet from centerline 60db feet from centerline feet from centerline 55db feet from centerline feet from centerline Aii ort Existing 65 CNEL Contour Projected 65 CNEL Contour If your proposal facilitates a residential development which is impacted by any of the above noise situations, you may be required to submit an acoustical report indicating the noise impact as it affects the proposal site and development and mitigation measures to reduce the impact to an acceptable level prior to approval of the proposal. All evaluation work must be performed by a registered professional acoustical consultant. Please feel free to contact the Department of Planning &Building should you have any questions regarding the above. PD Revised 11/98 LA/1097508.1 -9- COMMERCIAL INDUSTRIAL, INSTITUTIONAL OR OTHER DO NOT answer if project is residential 1. Type of use(s) and major function(s). If offices, specify type and number: Retail stores. We anticipate the project will contain a small specialty market and several "boutique type" shops of various sizes. 2. Square footage of total building area: 32,420 s.f. 3. Square footage of building area devoted to each proposed use(s): Restaurant— 8,045 s.f.; Specialty market—7,270 s.f. _ Boutique retail — 17,105 s.f. 4. Number of stories one Height 18' 5. Largest single building (sq. ft.) 32,420 s.f. Height 18, 6. Number of square feet in outdoor storage areas: 0 7. Parking Spaces: Required 102 Provided 118 8. Hours of operation: As is customary for each particular business. 9. Maximum number of clients, patrons, shoppers, etc., at one time: As is customary for each particular business. 10. Maximum number of employees at one time As is customary depending on specific tenant uses. Number of full-lime employees: To be determined Number of part-time employees: To be determined 11. If patron seating is involved, state the number: To be determined 12. Is there any night lighting of the project? Yes ® No ❑ If yes, what type? See attachment from MRC Engineering, Inc. Revised 11/98 LA/10975081 -10- " 13. Area &percent of total project devoted to Building..................................................................... 100,190 ft. 86.2 % Paving, including streets............................................ 0 ft. 0 % Landscaping and open space (recreation). ................ 76,975 ft. 66.3 % PD Revised 11/98 LAn097508I The following information is required for the City to process your application properly: NAME, ADDRESS and TELEPHONE NUMBERS of all OFFICERS and their TITLES should project sponsor be a corporation, company or partnership. COMPANY NAME South Palm Canyon, LLC c/o Robert Ozell, General Counsel 4641 Leahy Street ADDRESS Fax: (310) 280-2796 Culver City, CA 90232 Email: rozell@hqdcvelopment.net (310) 280-2830 PHONE OFFICERS NAME Robert Herscu TITLE Managing Member ADDRESS 4641 Leahy Street Culver City, CA 90232 Fax: (310) 280-2838 Email: PHONE (310) 280-2830 rherscu@hgdevelopment.net NAME George Herscu TITLE Managing Member ADDRESS 10866 Wilshire Blvd., Ste. 225 Los Angeles, CA 90024 Fax: (310) 441-5181 Email: PHONE (310) 441-5133 georgeherscu@ghdevelopment.com NAME Brian Linnekens TITLE Member ADDRESS 1133 5t1i Street, Suite 101 Santa Monica, CA 90403 Fax: (310) 576-9933 Email blinnekens@yahoo.com PHONE (310) 663-6362 PD Revised 11/98 LA/10975081 -12- ARCHITECT NAME The Jerde Partnership - Mark Welz/Tammy McKerrow ADDRESS Fax: (310) 392-0898 913 Ocean Front Walk Email: mark.welz@jerde.com Venice, CA 90291 tainmy.mckerrow@jerde.com PHONE (310) 399-1987 ENGINEER NAME Anacal Engineering Co. ADDRESS 1900 E. La Palma Ave., Ste. 202 Fax: (714) 774-4690 Email: Anaheim, CA 92805 glen@anacalengineering.com PHONE (714) 774-1763 LANDSCAPE ARCHITECT NAME The Jerrie Partnership ADDRESS Same as above Fax: Email PHONE LOCAL EXECUTIVE ARCHITECT NAME O'Donnell +Escalante Architects ADDRESS 121 S. Palm Canyon Drive, Ste. 222 Palm Springs, CA 92262 PHONE (760) 323-1925 PD Revised 11/98 Lv1097508 1 -13- APPLICANT'S REQUIRED MATERIAL CHECKLIST PLANNED DEVELOPMENT DISTRICT The following items must be completed before a Planned Development District preliminary application will be accepted. Please check off each item to assure completeness. Refer to the REQUIRED MATERIALS list of this application for more details of each item. Applicant City Use Only Only • Application and Environmental Assessment ® ❑ (Original and 3 copies) Detailed Site Plan • Minimum 24" x 36" (5 copies, 1 colored) ❑ ❑ • Reduced Copies to 8 1/2" x 11" (3 copies) ® ❑ Architectural Elevations (all sides of each building) • Minimum 24" x 36" (3 copies, 1 colored) ® ❑ • Reduced Copies to 8 1/2" x 11" (3 copies) ® ❑ Colors and Materials Exhibits • Colors and Materials Sample Board ® ❑ with manufacturers names and product numbers (maximum 8" x 13"x 3/8" thick) Miscellaneous Exhibits • Landscape Development Plan On Site Plan ❑ ® ❑ (2 copies, 1 colored) • Floor Plans and Roof Plans (2 copies) ® ❑ • Site Cross-Sections (2 copies) ® ❑ • Drainage Map (2 copies) On Grading Plan ® ❑ ❑ • Topographic Map (2 copies) On Grading Plan ® ❑ ❑ • Sign Program (if applicable, 2 copies) ❑ ❑ p I Revised 11/98 LAn097508,1 -14- Applicant City Use Only Only • Exterior Lighting Plan (2 copies) On Site Plan ® ® ❑ • Preliminary Grading Plan (2 copies) No Grading ❑ ® ❑ • Public Hearing Labels ® ❑ • Project Sponsors Labels (if any) ® ❑ • Existing Site Photographs ® ❑ Planning Department, Check By: PD Revised 11/98 LA/1097508 1 -15- Rider 1 to PD Application The Palm Canyon 450-490 S. Palm Canyon Drive Section 1, Page 9 The Palm Canyon (the "Project") sits at the Southern Gateway to Palm Springs' (the "City") Downtown Village. The site is located in the natural basin of the dramatic Taquitz Canyon Falls between South Palm Canyon Drive, South Indian Canyon Drive and Ramon Road. The innovative mixed retail/residential project will create an exciting blend of neighborhood and visitor serving restaurants and retail, and a specialty market with 2-4 story residential buildings above, all of which will encourage pedestrian activities in the City's downtown, while assisting the City in satisfying its goal of providing for a mixture of housing types throughout the Community. Parking for the Project will be conveniently separated into two distinct zones for the residential (250 subterranean parking spaces) and commercial developments (118 surface parking spaces). Each parking zone will have its own entry/exit. The 368 parking spaces provided, represents a parking ratio well in excess of the ratio required (1 space for each 375 square feet of gross floor area) for mixed use developments as called out in Section 92.26.00 of the City's Zoning code. The residential component of the Project will have its main entrance and address on Indian Canyon Drive through a street level lobby. The retail portion of the Project will maintain and enhance the street's edges, providing for the preservation of the Downtown area's village character. The entrance to the retail development will open up into an inviting pedestrian plaza at the North East corner of South Palm Canyon Drive and Ramon Road, enhancing and emphasizing the Southern Gateway to the City's Downtown core. The retail pedestrian plaza, combined with the landscaped residential courtyards and private entry and rooftop gardens noted below will provide the Project with a significant open space component. The Palm Canyon will contain approximately 32,420 square feet of commercial space, including restaurants, a specialty market and boutique retail stores. The retail space is oriented toward the existing pedestrian traffic path along the vibrant South Palm Canyon Drive. The residential lobby, parking entries and neighborhood serving restaurant will open onto Indian Canyon Drive, while the visitor serving restaurant, specialty market and retail anchor will help encourage and revitalize pedestrian traffic along Ramon Road and between the Project at the Downtown core. Additionally, the Project's location near local transit stops will allow the Project's residents to circulate throughout the City's business district without having to resort to their cars. The residential buildings, will be located above the retail uses, and will contain 125 condominium units and penthouses. The Project will allow for the development of high-density housing in the City's Downtown village, while helping to preserve and protect the natural open space, including hillsides and trails, surrounding the City. The residential units will terrace back in a series of layers inspired by the natural beauty, color and formations found in the adjacent San Jacinto Mountains. The Project will contain several LN1097623.4 58359,00002 02/27/05 richly landscaped residential courtyards and private entry gardens for each unit. Special aspects of the Project include the rooftop gardens, multiple long views through the Project to the beauty of the surrounding countryside, mountain observation decks, pools, spas, a pool clubhouse and a residents' activity center. The design of the Project is founded on the desire to give the condominiums an indoor/outdoor experience by providing each unit with a private entry garden off of the courtyard, and separately, a private outdoor living area that flows seamlessly from the interior of each residence. These outdoor living areas are oriented to provide dramatic mountain views over the abundantly landscaped courtyards. The Project will enjoy spectacular unobstructed views of the mountains to the west and south. APPLICATIONS Approvals for the Project are to be secured in conformance with three actions processed through the City. These three actions, represented by the applications referenced below, are to be considered a single combined and consolidated application for the Project as a whole. PLANNED DEVELOPMENT An application for a mixed, retail/residential project in a Planned Development District is being submitted. As was noted above, the Project will include approximately 32,000 square feet of retail space with 125 two bedroom condominium units located above the retail platform. The condominium units will have an average area of approximately 1500 square feet. In conformance with the Planned Development District regulations, and as the development of the Project assists the City in meeting its housing goals as set forth in the Housing Element of the City's General Plan, the Applicant is requesting an increase in housing density to 125 units. The Project is compatible with both existing development, as well as anticipated additional mixed use type of developments which are expected to be encouraged in the area by the City's General plan Land Use goals. As has been noted, the Project is in conformance with Goal 4C of the City's General Plan, in that it will aid the City in providing a variety of housing types to meet the diversity of the City's housing needs. In furtherance of that goal, and in satisfaction of the City's General Plan Objectives to "...provide for a mixture of residential densities and types disbursed throughout the Community," and to "...encourage the design of innovative residential and Mixed Use planned developments which offer a variety of building types and lifestyles." (Emphasis added) Additionally, as per the City's General Plan, The Project is located in the City's South Gateway Subarea. General Plan policies related to this Subarea provide for an increase in density of up to 1.5 to 1. Additionally, as is noted below, in the current circumstance, the Applicant is utilizing significantly less of the retail/commercial floor area otherwise allowed on the property, while requesting an increase of density in the residential portion of the Project represented by an increase in the number of allowable condominium units, for a total of 125. General Plan Policy 3.18.3 anticipates allowing for the addition of incremental floor area above that usually allowed LA/1097623.4 58359.00002 02/27/05 for retail/commercial development, for the incorporation of residential units. Based on the City's current regulations, the Applicant would otherwise be allowed to build the commercial portion of the Project up to the full FAR of 1.00 (or 116,170 square feet of retail/commercial space) with approximately 80 condo units above. In the current circumstance the Applicant is proposing to build only 32,420 square feet of retail/commercial space, and an additional 45 residential units (at approximately 1500 square feet each) above the 80 otherwise allowed for a total Project area of approximately 100,000, well below the 116,170 square feet allowed for a non mixed-use retail/commercial project. CONDITIONAL USE PERMIT The Applicant is requesting a conditional use permit for the development of residential units in the "R" Resort Overlay Zone, as provided for in Section 92.25.00 of the City's Zoning Code. Additional Conditional Use approvals are being requested for alcohol beverage service and outdoor dining at the two restaurants planned for theProject. As the parking provided for the Project exceeds that otherwise required in the City's "D" Downtown Parking Combining Zone, it is anticipated that conditional approval for parking will not be required. TENTATIVE TRACT MAP The Project will require the approval of a tentative tract map for condominium purposes, as well as to define the separate lot for the retail portion of the Project. DEVELOPMENT AGREEMENT It is anticipated that the Applicant and the City will enter into a Development Agreement in order to formalize the promises and commitments made by both parties in relation to the Project's approval, construction, and operation. LA/1097623.4 58359.00002 02/27/05 9 Rider 2 To PD Application The Palm Canyon 450-490- South Palm Canyon Drive Section 5, Page 10 While The Palm Canyon (the "Project") is not part of a larger project or series of projects, it compliments a member of the City's goals for development in the South Gateway portion of the City's downtown urban village.. The mixed-use project provides a balance of residential and commercial uses in close proximity to one another, while encouraging pedestrian activities in the City's downtown core. It provides for further development of the City's retail areas, while providing for the preservation of the City's village character. The Palm Canyon will upgrade and enhance the Southern Gateway to the City's downtown area. Through the use of the City's allowance for increases in density, the Project will allow for the development of high-density housing in the City's downtown village, while valuing and protecting the natural open space, including hillsides and trails, surrounding the City. LA/1097568.1 58359 00002 02/27/05 PALM,IFANYON Palm Springs,California jME-Mul"M PROGRAM ANALYSIS-AREA TABULATION 24 February,2005 living outdoor areas total quantity size area entry garden terrace area rooftop L 1h!:N 1: 1,i::: , : � n REglBENTiAQU,,It,,, 30'x 50' 1,315 sq.ft. 40 sq.ft. 30 sq.ft. 115 sq.ft. 1,500 sq ft. Level 2(1-02 +18') 25 Level 3(1-03 +28') 25 Level 4(L04 +38') 24 Leve15 L05 +48 13 30'x 50' 1,315 sq.ft. 40 sq.ft. 30 sq.ft. 115 sq.ft. 1,500 sq.ft. Level 3(1-04 +28') 2 — 920 sq.ft. Level 4(104 +38') 2 850 sq.ft Level 5 105 +48' 4 1,020-1,160 sq.ft. 1,315 sq.ft. 40 sg.ft. 30 sq.ft. 680 sq.ft. 2,065 sq.ft. Lev6 el 2 L02 1 EW 30'x 50' 1,315 sq.ft. 40 sq.ft. 30 sq.ft. 420 sq.ft. 1,805 sq.ft, Level 3(1-03 +2V'))_ 1 - 30'x 50' 1,315 sq.ft. 70 sq.ft. 115 sq.ft. 1,500 sq.ft. Level 4(1-04 +38') 1 Level 5(1-05 +48') 1 25'x 50' 1.110 sq.ft. 25 sq.ft. 25 sq.ft. 90 sq.ft. 1,250 sq.ft. Level 2(1-02 +18') 4 Level 3(1-03 +28') 4 Level 4(1-04 +38') 4 30'x 45' 1,220 sq.ft. 15 sq.ft. 115 sq.ft. 1,350 sq.ft—. Level 2(1-02 +18') 4 i Level'3(LO3 +29) 4 Level 4,(L,04 +88') 1 30'x40' 1,070sq.ft. 15 sq.ft. 115 sq.ft. 1,200 sq.ft. Level 2(1-02 +115i) I Level 3(1-03 +28') 1 Level 4(1-04 +38') 1 30'x40' 1,070sq.ft. 15 sq.ft. 115 sq.ft. 1,200 sq.ft. 1,000 sq.ft. Level 4(1-04 +38') 2 Total 125 Level 2 units 35 Level 3 units 37 Level 4 units 35 Level 5 units 18 9' i',(I` A' M'ENITIIPSl Lieve :8 ),ii i; Activity Center 1 1,020 sq.ft. Pool House 1 250 sq.ft. I j lI,I Retail 15 24,380 sq.ft. Restaurant(25%of total) 2 8,045 sq.ft. Total 32,425 saA FARM N Gi.�Il V [11l 1 jje l Commercial(L01 +0') 118 51,000 sq.ft. Handcaped Included 8 Compact Included 24 Residential(1-02-10') 256 98,980 sq.ft. Guest parking included 32 Mechanical Space 2,665 sq.ft. Total 374 iPROGRAM ANALYSIS Area Tabulation Page 1 of 1 THE FOLLOWING FORMS MUST BE FILLED OUT WITH A STATE OF CALIFORNIA NOTARY PUBLIC PRESENT. SELECT THE FORM WHICH BEST FITS THE TYPE OF AUTHORIZATION. OWNER AFFIDAVIT STATE OF CALIFORNIA COUNTY OF R-FV£RSII) ° ss E W � I (WE), ( S BEING DULY SWORN;DEPOSE AND,,� f�U �a Svc v° 1� �G - SAY THAT I, (�VE) AM (ARE) THE OWNER OR OWNERS 14EREIN NAMED AND THAT THE FOREGOING STATEMENTS AND ANSWERS HEREIN 'CONTAINED AND THE INFORMATION HEREIN SUBMITTED ARE IN ALL RESPECTS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Nama.`�l1)CL (VI F'c° RAAJC 5 AI 95r- Phone —YY"' , u� (Please Print) Mailing Address City State C.� Cy S �� Subscribed and sworn to before me this day of Signature(s ) ri d Notary Public in the State of C'�9° � 1° with principal office in the County of Lrn, Anr)e@es � ' romrnmsiun H 26 � 9 S�'* tdotary Fu'oti�-Cndifomi2� z - z Los ban elmgwras lsy l o.+ Rl7y�[�r6 E.p.�oim�6�7a�p 9©�Z46b9 � PD Revised 11/98 23 LESSEE or AGENT AUTHORIZATION STATE OF CALIFORNIA ) COUNTY OF MVER'SIDe% ss LOS C�.h,= BEING DULY SWORN, DEPOSE AND SAY THAT Y(�VE) AM (ARE) THE OWNER OR OWNERS HEREIN NAMED AND THAT THE FOREGOING STATEMENTS AND ANSWERS HEREIN CONTAINED AND THE INFORMATION HEREIN SUBMITTED ARE IN ALL RESPECTS TRUE AND CORRECT TO THE BEST OF W (OUR) KNOWLEDGE AND BELIEF, AND HEREBY ACKNOWLEDGE THAT ',5,U 14, �r 1✓yi C am, . 4-a_,+- IS (ME) THE AUTHORIZED LESSEES) or (circle one) OF THE SUBJECT PROPERTY AND WARE DULY AUTHORIZED TO- UBMIT THIS APPLICATION ON lyi�"(OUR)BEHALF. LET Phone L',) -C 6CI S 6P-" (Please Print) Mailing Address .�0 City �41 State L;�-- Signature(s) z Subscribed and sworn to before me this Z day of �Jrucc Isf Notary Public In the State of ___ _ .____. _..__..___.__ _ with principal office In the County of Awc�l�,�.cawr�A commissieni#1356026 E .i Sdotary Public-CaiiPnrnia Los Angeles County Wly Comm.E'Plres Wy 10,2006� PD t2Pvicvrl 11/48 - '