HomeMy WebLinkAbout5/19/2010 - STAFF REPORTS - 2.G. PALM SA
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c4`'F°"�''a City Council Staff Re ort
Date: May 19, 2010 CONSENT CALENDAR
Subject: APPROVAL OF PARCEL MAP 35817 AND A SUBDIVISION
IMPROVEMENT AGREEMENT WITH MARC J. DIERICKX AND FRANK
DE LELYS, FOR A 2 LOT PARCEL MAP LOCATED AT 580 N. VIA
MIRALESTE, IN SECTION 11, TOWNSHIP 4 SOUTH, RANGE 4 EAST
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
JHA Engineering, representing Marc J. Dierickx and Frank De Lelys, has prepared a
parcel map for subdivision of property into two parcels, located at 580 N. Via Miraleste,
in Section 11, Township 4 South, Range 4 East. Approval of the parcel map will allow
the map to be recorded. This is merely a ministerial action, as required by the Municipal
Code and the Subdivision Map Act.
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 35817 FOR
PROPERTY LOCATED AT 580 N. VIA MIRALESTE, IN SECTION 11, TOWNSHIP
4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH MARC J. DIERICKX AND FRANK DE LELYS;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
JHA Engineering, representing Marc J. Dierickx and Frank De Lelys, submitted Parcel
Map 35817, requesting that the property located at 580 N. Via Miraleste, in Section 11,
Township 4 South, Range 4 East, be subdivided into two parcels for residential
purposes on a 0.64 acre site.
At its meeting of January 9, 2008, the Planning Commission recommended approval of
Tentative Parcel Map 35817, which was subsequently approved by the City Council,
subject to conditions, on February 20, 2008.
ITEM NO.
City Council Staff Report
November 4, 2009 - Page 2
Parcel Map 35817
The property being subdivided as Parcel Map 35817 is located at 580 N. Via Miraleste,
and consists of a single large estate lot that once had a tennis court; the new parcel
being created as a result of the subdivision is located where the tennis court previously
existed.
It has been determined that required conditions have been satisfied, that Parcel Map
35817 is in substantial conformance with the approved Tentative Parcel Map, and that
Parcel Map 35817 is ready for City Council approval-
FISCAL IMPACT.
None.
Prepared by: Recommended by:
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
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Thomas J. Wi 6n, Ass . City Manager David H. Ready, C ger
ATTACHMENTS:
1, Map
2. Subdivision Agreement
3. Resolution
ATTACHMENT 1
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SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
MARC J. DIERICKX AND FRANK DE LELYS
TABLE OF CONTENTS
1. Construction Obligations............................................................................. 1
1.1 Monumentation 1
1,2 Intent of Map.................................. ......—.............. ................. 1
1.3 Survey Monuments.......................................... .....................................2
1.4 Performance of Work 2
1.5 Changes in the Work.................................................--......................-2
1.6 Defective Work.......... 2
1.7 No Warranty by City—................................ ........1111,111,11,11,12
1.8 Authority of the City Engineer................................... ...........................2
1.9 Inspection...—.............. ....... .......... ........................................... 3
1.10 Compliance with Law................. ................... ..........—....... ..................3
1.11 Final Acceptance of Works of Improvement..........................................3
2. Time for Performance...... ................. 3
2.1 Commencement and Completion Dates.................................................3
2.2 Force Majeure.......................... ......................................................... 3
2.3 Continuous Work.............................. 4
2.4 Time of the Essence................................... -4
3. Labor....................... 4
3.1 Labor Standards............................................ 4
12 Nondiscrimination............ .......................................................................4
3,3 Licensed Contractors... 4
3.4 Workers' Compensation.......................... .................... ..........................4
4. Security............. ................................................. 4
4.1 Required Security............................. ............... .....................................4
4.2 Form of Security Instruments..................................................................5
4.3 Subdivider's Liability....................... ........................................................6
4.4 Letters of Credit..... 6
4.5 Release of Security Instruments.............................................................7
5. Cost of Construction and Provision of Inspection
Service..................... 7
5.1 Subdivider Responsible for All Related Costs of
Construction 7
5.2 Payment to City for Cost of Related Inspection
and Engineering Services............................................................. .........7
6, Default.................................
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered
into this 1.3r-'`day of aU t�o ref , 2009, by and between the CITY OF PALM SPRINGS, a
California charter city ("CITY"), and Marc J. Dierickx and Frank De Lelys
(Subdividers").
RECITALS
A. Subdividers are the owners of, and have obtained approval of a subdivision
map for Parcel Map No. 35817 in the City of Palm Springs, County of Riverside, State of
California (the "Property"). The map contains conditions of approval for the development
of the Property(the "Conditions").
B. Subdividers have delivered to City and City has approved the map which
requires the setting of monuments, "Monumentation" (as hereinafter defined) which are
required to be installed in order to accommodate the development of the Property.
C. Subdividers' agreement to construct and install the Monumentation
pursuant to this Agreement are a material consideration to City in approving the final map
for the Property and permitting development of the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and
in consideration of City's approving the Map for the Property and permitting development
of the Property to proceed, Subdividers agree to timely perform all of their obligations as
set forth herein.
1. Construction Obligations,
1.1 Monumentation. Subdividers agree, at their sole cost and expense, to
install or cause to be installed the monuments (herein sometimes collectively
referred to as the "Monumentation"), as the same may be supplemented and
revised from time to time as set forth herein (said map, together with all related
documents, are referred to herein as the "Map"). The estimated construction cost
for the Monumentation is 2 500.00.
1.2 Intent of Map. Approval of the Map referenced in Section 1.1 requires
a complete work of setting of monumentation which Subdividers shall perform or
cause to be performed in a manner acceptable to the City Engineer (or his/her
designee) and in full compliance with all codes and the terms of this Agreement.
Subdividers shall complete the setting of all required Monumentation, even though
the Map may not specifically call out all items of work required for the contractor to
complete its tasks, incidental appurtenances, materials, and the like. If any
omissions are made or information necessary to carry out the full intent and
meaning of the Map, Subdividers or their contractor shall immediately notify its
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design engineer who will seek approval of the City Engineer for furnishing of
detailed instructions. In the event of any doubt or question arising regarding the
true meaning of the setting of any of the Monumentation, reference shall be made
to the City Engineer whose decision thereon shall be final.
1.3 Survey Monuments. Before final approval of street improvements,
Subdividers will place survey monument(s) as shown on the Map in accordance
with the provisions of the State Subdivision Map Act and the Subdivision
Ordinance of the City of Palm Springs. Subdividers shall provide security for such
obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s),
Subdividers shall furnish the City Engineer of the City of Palm Springs written
notice of the setting of said monument(s) and written proof of having paid the
engineer or surveyor for the setting of said monument(s).
1.4 Performance of Work. Subdividers shall furnish or cause to be
furnished all materials, labor, tools, equipment, utilities, transportation, and
incidentals required to perform Subdividers' obligations under this Agreement.
1.5 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering
or deleting any portion of the Works of Improvement as specified herein or as
deemed necessary or desirable by the City Engineer as determined necessary to
accomplish the purposes of this Agreement and to protect the public health, safety,
or welfare. The City Engineer shall notify Subdividers or Subdividers' contractor in
writing (by Correction Notice) at the time a determination has been made to require
changes in the work. No field changes performed or proposed by Subdividers or its
contractor shall be binding on City unless approved in writing by the City Engineer.
1.6 Defective Work. Subdividers shall cause its contractor to repair,
reconstruct, replace, or otherwise make acceptable any work found by the City
Engineer to be defective.
1.7 No Warranty by City. The Map for which the setting of Monumentation
is required has been prepared by or on behalf of Subdividers or its consultants or
contractors, and City makes no representation or warranty, express or implied, to
Subdividers or to any other person regarding the adequacy of the Map or related
documents.
1.8 Authority of the City Engineer. In addition to the authority granted to
the City Engineer elsewhere in this Agreement, the City Engineer shall have the
authority to decide all questions which may arise as to the quality and acceptability
of materials furnished and work performed, and all questions as to the satisfactory
and acceptable fulfillment of the terms of this Agreement by Subdividers and
Subdividers' contractor.
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1.9 Inspection. The inspection of the work by City shall not relieve
Subdividers or the contractor of any obligations to fulfill this Agreement as herein
provided, and unsuitable materials or work may be rejected notwithstanding that
such materials or work may have been previously overlooked or accepted.
1.10 Compliance With Law. In addition to the express provisions of this
Agreement and the Map, Subdividers shall cause construction of the setting of
Monumentation to be completed in accordance with all other applicable federal,
state, and local laws, ordinances, rules and regulations.
1.11 Final Acce tance of Monumentation. After Subdividers' contractor
has completed all of the Monumentation, Subdividers shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not
in compliance with this Agreement or any of the requirements contained or
referenced herein, City will inform the contractor of such items. After the contractor
has completed these items, the procedure shall then be the same as specified
above for the contractor's initial request for final inspection. If items are found by
City's inspector to be incomplete or not in compliance after two (2) "final"
inspections, City may require the contractor, as a condition to performing further
field inspections, to submit in writing a detailed statement of the work performed
subsequent to the date of the previous inspection which was found to be
incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the setting of
Monumentation shall be construed as final acceptance of any part until the overall
final acceptance by City is made and the Engineer of Record has submitted written
confirmation to the City that the Monumentation has been set and he has been
paid in full for said work. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 22 and
2.3 below, Subdividers shall (i) commence with installation of the Monuments
when the final grading and street improvements have been completed
("Commencement Date"); and (ii) complete or cause to be completed all of the
Setting of Monumentation two 2 weeks after the Commencement Date.
2.2 Force Majeure. Notwithstanding the provisions of Section 2.1,
Subdividers' time for commencement and completion of the setting of
Monumentation shall be extended for the period of any enforced delay caused due
to circumstances beyond the control and without the fault of Subdividers, including
to the extent applicable adverse weather conditions, flood, earthquakes, strikers,
lockouts, acts or failures to act of a public agency (including City), required
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changes to the Scope of Work required by City, and similar causes; provided,
however, that the period of any enforced delay hereunder shall not include any
period longer than five (5) days prior to City's receipt of a written notice from
Subdividers or its Contractor detailing the grounds for Subdividers' claim to a right
to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.3 Continuous Work. After commencement of installation of the
Monumentation (or separate portion thereof), Subdividers shall cause such work to
be diligently pursued to completion, and shall not abandon the work for a
consecutive period or more than five (5) days, events of Force Majeure excepted.
2A Time of the Essence. Time is of the essence of Subdividers'
performance of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdividers shall be responsible for causing all
contractors and subcontractors performing any of the setting of Monumentation to
comply with all applicable federal and state labor standards, including to the extent
applicable the prevailing wage requirements promulgated by the Director of
Industrial Relations of the State of California Department of Labor.
3.2 Nondiscrimination. Subdividers agree that no contractor or
subcontractor performing any of the setting of Monumentation shall discriminate
against any employee or prospective employee with respect to such work in hiring,
promotion, seniority, or any other terms and conditions of employment on the
grounds of race, creed, color, national origin, ancestry, religion, sex, or marital
status.
3.3 Licensed Surveyor. Subdividers shall cause all of the setting of
Monumentation to be installed under the direct supervision of a California licensed
land surveyor in conformance with the map.
3.4 Worker's Compensation. Subdividers shall cause every contractor
and subcontractor performing any of the setting of Monumentation to carry
Workers' Compensation Insurance as required by the Labor Code of the State of
California and shall cause each such contractor and subcontractor to submit to
City a Certificate of Insurance verifying such coverage prior to such contractor or
subcontractor entering onto the job site.
4. Security.
4.1 Required Security.
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1 �
(a) At the time Subdividers execute this Agreement, Subdividers
shall furnish to City the fallowing bond, letter of credit, instrument of credit
(assignment of deposit account) or other security acceptable to City in its
sole and absolute discretion and satisfying the requirements of the
applicable provisions of this Section 4 (hereinafter"Security Instruments"):
(i) A Security Instrument guaranteeing the payment of the
cost of setting monuments as required in Section 1.4 in the amount
of 2 500.00.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the
following minimum requirements and otherwise shall be in a form provided by City
or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds,
any such bond must be issued and executed by an insurance company or
bank authorized to transact surety business in the State of California. Any
insurance company acting as surety shall have a minimum rating of A-IX,
as rated by the current edition of Best's Key Rating Guide published by
A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as
surety shall have a minimum rating of AA, as rated by Moody's or Standard
& Poor's.
(b) Letters of Credit. For Security Instruments which are letters of
credit, any letter of credit shall be an original separate unconditional,
Irrevocable, negotiable and transferable commercial letter of credit issued
by a financial institution with offices in the State of California acceptable to
City. Any such letter of credit shall specifically permit City to draw on same
by unilateral certification of the City Engineer of the City that Subdividers
are in default under its payment or performance obligations hereunder or in
the event Subdividers fail to deliver a replacement letter of credit not less
than thirty (30) days prior to the date of expiration of any such letter of credit
and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are
Instruments of Credit, any Instrument of Credit shall be an assignment of
deposit account assigning as security to City all of Subdividers' interest in
funds on deposit in one or more bank accounts with financial institutions
acceptable to City-
(d) General Requirements for all Security Instruments.
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(i) Payments under any Security Instruments shall be
required to be made (and, with respect to bonds, litigation shall be
required to be instituted and maintained) in the City of Palm Springs,
State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of
one (1) year after the deadline for Subdividers' completing the Works
of Improvement, in accordance with Section 2.1 (other than
Instruments of Credit, which shall have no defined term or expiration
date).
(iii) Each Security Instrument shall provide that changes may
be made in the Works of Improvement pursuant to the terms of this
Agreement without notice to any issuer or surety and without
affecting the obligations under such Security Instrument.
4.3 Subdividers' Liability. While no action of Subdividers shall be required
in order for City to realize on its security under any Security Instrument,
Subdividers agree to cooperate with City to facilitate City's realization under any
Security Instrument, and to take no action to prevent City from such realization of
any Security Instrument. Notwithstanding the giving of any Security Instrument or
the subsequent expiration of any Security Instrument or any failure by any surety
or financial institution to perform its obligations with respect thereto, Subdividers
shall be personally liable for performance under this Agreement and for payment
of the cost of the labor and materials for the improvements required to be
constructed or installed hereby and shall, within ten (10) days after written demand
therefor, deliver to City such substitute security as City shall require satisfying the
requirements in this Section 4,
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b),
City shall be entitled to draw on any such letter of credit if a replacement
letter of credit (expiring in not less than one (1) year, unless City agrees to a
lesser term in City's sole and absolute discretion) is not delivered not less
than thirty (30) days prior to the expiration of the original letter of credit,
such substitute letter of credit being in the same amount and having the
terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery
of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may
elect, in its sole and absolute discretion, to apply any such funds drawn to
the obligations secured by such letter of credit or to hold such funds in an
b
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account under the control of the City, with no interest accruing thereon for
the benefit of the Subdividers. If the City elects to hold the funds in an
account pursuant to the foregoing, City may thereafter at any time elect
instead to apply such funds as provided in the foregoing. Subdividers agree
and hereby grants City a security interest in such account to the extent
required for City to realize on its interests therein and agrees to execute and
deliver to City any other documents requested by City in order to evidence
the creation and perfection of City's security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance of Monumentation
upon Subdividers' written request upon the completion of the setting of the
monumentation and written proof that the Engineer of Record has been
paid for said work, provided no claims are outstanding at that time regarding
defective work.
5. Cost of Construction and Provision of Ins ection Service.
5.1 Subdividers Responsible for All Costs of Construction. Subdividers
shall be responsible for payment of all costs incurred for installation of the
Monumentation.
5.2 Payment to City for Cost of Related Inspection and Engineering
Services. Subdividers shall compensate City for all of City's costs reasonably
incurred in having its authorized representative make the usual and customary
inspections of the setting of Monumentation. In addition, Subdividers shall
compensate City for all design, plan check, evaluating any proposed or agreed-
upon changes in the work. The procedures for deposit and payment of such fees
shall be as established by the City Council. In no event shall Subdividers be
entitled to additional inspections or a final inspection and acceptance of any of the
setting of Monumentation until all City fees and charges have been fully paid,
including without limitation, charges for applicable penalties and additional required
inspections.
6. Default.
6.1 Remedies Not Exclusive. In any case where this Agreement provides
a specific remedy to City for a default by Subdividers hereunder, such remedy
shall be in addition to, and not exclusive of, City's right to pursue any other
administrative, legal, or equitable remedy to which it may by entitled.
6.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdividers' default hereunder, in the event Subdividers
shall fail to timely perform any work required to be performed under this
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Agreement and such failure shall continue for a period of twenty (20) days after
receipt of written notice of default from City, or thereafter Subdividers shall fail to
diligently and continuously pursue the cure of any such default to completion, City
shall have the right to enter into the Property and perform any of the uncompleted
work by force account or contract or both and thereupon recover from Subdividers
or any Security Instrument, or both, the full cost and expense thereby incurred by
City.
6.3 Attoney's Fees and Costs. In the event that Subdividers fail to
perform any obligation under this Agreement, Subdividers agree to pay all costs
and expenses incurred by City in securing performance of such obligations,
including costs of suit and reasonable attorney's fees. In the event of any dispute
arising out of Subdividers' performance of its obligations under this Agreement or
under any of the Security Instruments referenced herein, the prevailing party in
such action, in addition to any other relief which may be granted, shall be entitled
to recover its reasonable attorney's fees and costs. Such attorney's fees and cost
shall include fees and costs on any appeal, and in addition a party entitled to
attorney's fees and costs shall be entitled to all other reasonable costs incurred in
investigating such action, taking depositions and discovery, retaining expert
witnesses, and all other necessary and related costs with respect to the litigation.
All such fees and costs shall be deemed to have accrued on commencement of
the action and shall be enforceable whether or not the action is prosecuted to
judgment.
7. Indemnity. Subdividers agree to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of
Subdividers' failure to perform the installation of the Monumentation in accordance
with the requirements contained or referenced in this Agreement. Said indemnity
obligation shall apply to personal injury, death, property damage, economic loss,
and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on
any Security Instrument provided by Subdividers pursuant to the terms hereof.
Such indemnity obligation shall not extend to any loss resulting from City's sole
negligence or wilful misconduct.
8. General Provisions.
8.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdividers' right, title, and interest in and to the
Property and any portion thereof.
8.2 No Third Party Beneficiaries. This Agreement is intended to benefit
only the parties hereto and their respective successors and assigns. Neither City
nor Subdividers intend to create any third party beneficiary rights in this Agreement
8
if
in any contractor, subcontractor, member of the general public, or other person or
entity.
8.3 Entire Agreement; Waivers and Amendments. This Agreement
integrates all of the terms and conditions mentioned herein, or incidental hereto,
and supersedes all negotiations and previous agreements between the parties
with respect to all or part of the subject matter hereof, except as may be expressly
provided herein. All waivers of the provisions of this Agreement must be in writing
and signed by an authorized representative of the party to be charged, and all
amendments hereto must be in writing and signed by the appropriate
representatives of both parties.
9. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereeto warrant the (1) such party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said party,
(iii) by so executing this Agreement, such party is formally bound to the provisions
of this Agreement, and (iv) the entering into of this Agreement does not violate any
provisions of any other Agreement to which said party is bound.
9
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By
James Thompson, City Clerk David H. Ready, City Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
David Barakian, City Engineer
SUBDIVIDERS:
Check one: f Individuals —Partnership_Corporation' Company
"Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By.
Signature (notarized) g a t otarze` ��
d)
Name: Marc J. Dierickx Name: Frank De Del s
Title: Tenant in Common Title: Tenant in Common
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
10
CV
"Subdividers"
Mailing Address.
580 East The Palms
Palm Springs, CA 92262
(760) 318-1212
20
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CA, t-
} SS
COUNTY OF A=i }
On C, c 1a before me, Notary
Public,
DATE
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(4) isFare subscribed
to the within instrument and acknowledged to me that he/sh0AI4QyLexecuted the same in hisA"X4hei'
authorized capacity(ie*, and that by his/4ea4l;Q wsignatures(s) on the instrument the person(&), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. (Seal)
WITNESS my hand and official seal.
Commission N 176SB36
Notary public-Cglfomia
Signature of Notary M ItlrusI county
g ry Comm.Ear Tres Dac 17.2011
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of document IVc P�
MUST BE ATTACHED
TD THE DOCUMENT Number of Pages DATE of DOCUMENTQ c-+ o � 1 a S
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
21
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF }
} SS
COUNTY OF }
On 6Lrft-X /S 2vo9', before me, e3v p48'WIAAI ,Notary
Public,
DATE , A
personally appeared
who proved to me on the basis of satisfactory evidence to be the person( whose name() is/7fe subscribed
to the within instrument and acknowledged to me that he/sxe/they executed the same in his/ty r/�Keir
authorized capacity(), and that by his/Vdtt�&r signatures()on the instrument the person(e, or the entity
upon behalf of which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. (Seal)
WITNESS my hand andglficial seal.
2ORICK PARSANIAN
Commission # 1706092
J_ s _ Notary die -Colif*tnla
�G Los An94"s County
HMCWM B0KNov 19.R010
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document c1A& j5ty kffaje2Zrn!r
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages -- DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
�G
Resolution No._ _ CITY OF PALM SPRINGS
Page 6 APPROVED BY PLANNING COMMISSION
EXHIBIT A Case Data t'aW'�Slnibvi, :.
APPROVED BY CU COUNCIL;�A(
CITY OF PALM SPRINGS Case Rate nglnitla
CONDITIONS OF APPROVAL
FEBRUARY 20, 2008 Resolution # Ordh�nas
APPROVAL SUBJECT TO ALL REQUIRED
TENTATIVE PARCEL MAP 35817 CONDITIONS BY ABOVE BODIES
APN 507-030-036
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire
Chief or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
1. The owner shall remove the Tennis Court Use prior to final map approval to the
satisfaction of the Director of Planning Services,
2. The owner shall apply for an Administrative Minor Modification application with the
Planning Services Department prior to final approval of the Parcel Map.
ADMINISTRATIVE
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions that supplement the zoning district
regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs,
its agents, officers, and employees from any claim, action, or proceeding against
the City of Palm Springs or its agents, 'officers or employees to attach, set aside,
void or annul, an approval of the City of Palm Springs, its legislative body,
advisory agencies, or administrative officers concerning Case TPM 35817. The
City of Palm Springs will promptly notify the applicant of any such claim, action,
or proceeding against the City of Palm Springs and the applicant will either
undertake defense of the matter and pay the City's associated legal costs or will
advance'funds to pay for defense of the matter by the City Attorney. If the City of
Palm Springs fails to promptly notify the applicant of any such claim, action or
proceeding or fails to cooperate fully in the defense, the applicant shall not,
thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm
Springs. Notwithstanding the foregoing, the City retains the right to settle or
abandon the matter without the applicant's consent but should it do so, the City
shall waive the indemnification herein, except, the City's decision to settle or
23.
Resolution No.
Page 7
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation sidewalks,
bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences
between the curb and property line, including sidewalk or bikeway easement areas
that extend onto private property, in a first class condition, free from waste and
debris, and in accordance with all applicable law, rules, ordinances and regulations
of all federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the recorded
covenant agreement for the property if required by the City.
4. The tentative map shall expire two years after the approval date unless extended
as provided by the City of Palm Springs Municipal Code; otherwise it shall
become null and void and of no effect whatsoever. Extensions of time may be
approved pursuant to Code Section 9.63.110. Such extension shall be requested
in writing and received prior to expiration of the original approval.
5. Pursuant to the Subdivision Map Act, Section 66473.1 the design of the
subdivision shall provide, to the extent feasible for future passive or natural
heating or cooling opportunities in the subdivision.
6. That the property owner(s) and successors and assignees in interest shall
maintain all site improvements free from waste and debris, including sidewalks,
bikeways, parking areas, landscape, irrigation, lighting, walls, and fences
between the curb and property line, including any easement areas that extend
onto private property at the property owner's sole expense. This condition shall
be included in the recorded covenant agreement for the property if required by
the City.
7. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department which
shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and
c. Restrictions to be recorded.
8. The approved documents shall be recorded at the same time that the subdivision
map is recorded. The documents shall contain provisions for joint access to the
proposed parcels, open space restrictions. The approved documents shalt
contain a provision, which provides that they may not be terminated or
substantially amended without the consent of the City and the developer's
successo r-in-inte rest.
2 ts.
Resolution No.
Page 8
9. All residential development shall be subject to parkland dedication requirements
and/or park improvement fees. The dedication, payment of fees or combination
thereof shall be required prior to issuance of building permits. Parkland
mitigation amounts shall be based upon the costs to acquire and fully improve
parkland and shall be adopted by ordinance or resolution.
POLICE DEPARTMENT
1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
1. Engineering Division recommends deferral of off-site improvement items at this
time due to lack of full improvements in the immediate area. The owner shall
execute a street improvement covenant agreeing to construct all required street
improvements upon the request of the City of Palm Springs City Engineer at such
time as deemed necessary. The covenant shall be submitted with the Grading
Plan, and shall be executed prior to approval of the Grading Plan or issuance of
grading or building permits. A covenant preparation fee in effect at the time that
the covenant is submitted shall be paid by the applicant prior to issuance of any
grading or building permits.
2. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
• 3. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits. Deferred
25
Resolution No.
Page 9
VLA MIRALESTE
Dedicate additional right-of-way for a property line - corner cut-back at the
UBio �tA4 northwest corner of the intersection of Via Miraleste and The Palms, and at
southwest corner of the intersection of Via Miraleste and Miraleste Court, in
accordance with City of Palm Springs Standard Drawing No. 105.
5. Remove existing street improvements as necessary to construct curb and gutter
to match the existing curb and gutter along the entire frontage, with a 25 feet
radius curb return and spandrel at the northwest corner of the intersection of Via
Miraleste and The Palms, in accordance with City of Palm Springs Standard
Drawing No. 200 and 206. Deferred
6. Construct the north half of a 6 feet wide cross gutter at the northwest corner of
the intersection of Via Miraleste and The Palms with a flow line parallel with and
located 18 feet west of the centerline of Via Miraleste and aligned with the
proposed face of curb on Via Miraleste, in accordance with City of Palm Springs
Standard Drawing No. 200 and 206. Deferred
• 7. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210. Deferred
` 8. Construct a Type A curb ramp meeting current California State Accessibility
standards at the northwest corner of the intersection of Via Miraleste and The
Palms, and at the southwest corner of the intersection of Via Miraleste and
Miraleste Court, in accordance with City of Palm Springs Standard Drawing No.
212. Deferred
• 9. Remove existing pavement as necessary and construct a minimum pavement
section of 3 inches asphalt concrete pavement over 6 inches crushed
miscellaneous base with a minimum subgrade of 24 inches at 95% relative
compaction, or equal, from edge of proposed gutter to clean sawcut edge of
pavement along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 1% If an alternative pavement section is proposed, the
proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval. Deferred
10. All broken or off grade street improvements shall be repaired or replaced.
MIRALESTE COURT
11. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210. Deferred
12. All broken or off grade street improvements shall be repaired or replaced.
26
Resolution No.
Page 10
THE PALMS
Dedicate an easement 3 feet wide along the back of the proposed driveway
approach for sidewalk purposes.
,014. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210. Deferred
15. All broken or off grade street improvements shall be repaired or replaced.
SANITARY SEWER
16. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
GENERAL
17. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No, 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.). Multiple excavations, trenches, and other street cuts within
existing asphalt concrete pavement of off-site streets required by the proposed
development may require complete grinding and asphalt concrete overlay of the
affected off-site streets, at the discretion of the City Engineer. The pavement
condition of the existing off-site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
18. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
19. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG
(AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and
PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of
the digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer.
20, The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
2i
Resolution No.
Page t t
built' information and returned to the Engineering Division prior to issuance of a
final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior to
construction.
21. Nothing shall be constructed or planted in the comer cut-off area of any
intersection or driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
22. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed in
accordance with City of Palm Springs Standard Drawing No. 904.
MAP
23. A Parcel Map shall be prepared by a California registered land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcel and all lots created
therefrom, and copies of record documents shall be submitted with the Parcel
Map to the Engineering Division as part of the review of the Map. The Parcel
Map shall be approved by the City Council prior to issuance of building permits.
In accordance with Government Code 66411.1 (a), all required public
improvements adjacent to Parcel 2 shall be listed in an Improvement Certificate
on the Parcel Map and clearly noted that the required public improvements will
be the minimum development requirements for Parcel 2 of Tentative Parcel Map
No. 35817, but shall be completed prior to issuance of a building permit on
Parcel 2.
25. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights-of-way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number; and map
file name. G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation
drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
28
Resolution No.
Page 12
TRAFFIC
26. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks adjacent to the site. Minimum clearance on public sidewalks
shall be provided by either an additional dedication of a sidewalk easement (if
necessary) and widening of the sidewalk, or by the relocation of any obstructions
within the public sidewalk along the The Palms, Via Miraleste, and Miraleste
Court frontages of the subject property.
27. Construction signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the City Engineer. As a minimum,
all construction signing, lighting and barricading shall be in accordance with State
of California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 2006, or subsequent
additions in force at the time of construction.
END OF CONDITIONS
20
ATTACHMENT
RESOLUTION
� i
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PARCEL
MAP 35817 FOR PROPERTY LOCATED AT 580 N. VIA
MIRALESTE, IN SECTION 11, TOWNSHIP 4 SOUTH,
RANGE 4 EAST, AND APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT WITH MARC J. DIERICKX
AND FRANK DE LELYS
WHEREAS, the Planning Commission, at its meeting of January 9, 2008, recommended
approval of Tentative Parcel Map 35817, prepared by JHA Engineering, representing
Marc J. Dierickx and Frank De Lelys, for the above described property; and
WHEREAS, the City Council at its meeting of February 20, 2008, approved Tentative
Parcel Map 35817 subject to conditions; and
WHEREAS, portions of right-of-way for Via Miraleste dedicated to the City of Palm
Springs as Lots "A" and "B" on Parcel Map No. 7254, recorded in Parcel Map Book 30,
Page 65, are to be abandoned pursuant to Section 66445 0) of the Government Code;
and
WHEREAS, the owner offers for dedication to the City of Palm Springs for street and
public utility purposes Lot "A", and an easement for sidewalk purposes, as shown on the
Parcel Map.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
1. That Parcel Map 35817 is in substantial conformance with approved Tentative
Parcel Map 35817; and
2. That requisite conditions associated with Tentative Parcel Map 35817 have been
satisfied; and
3. That Parcel Map 35817 is in conformance with the General Plan; and
4. That Parcel Map 35817 conforms to all requirements of the Subdivision Map Act
of the State of California; and
5. That the abandonment of portions of right-of-way for Via Miraleste dedicated to
the City of Palm Springs as Lots "A" and "B" on Parcel Map No. 7254, recorded
in Parcel Map Book 30, Page 65, as shown on Parcel Map 35817, is approved
pursuant to Section 66445 0) of the Government Code; and,
6. That the offers of dedication to the public on Parcel Map 35817 shall be accepted
by the City Clerk of the City of Palm Springs; and
7. That the City Manager is hereby authorized to enter into a Subdivision
Improvement Agreement with the subdivider and to accept subdivision
31
Resolution No.
Page 2
improvement security in conformance with the requirements therein for
monumentation improvements; and
8. That the City Clerk shall cause to have recorded with the Riverside County
Recorder the Subdivision Improvement Agreement; and
9. That Parcel Map 35817 is hereby approved for purposes therein defined.
ADOPTED THIS 19th day of May, 2010.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on May 19, 2010, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
32