HomeMy WebLinkAbout5/18/2005 - STAFF REPORTS (16) CITY COUNCIL May 18, 2005
CONSENT CALENDAR
Subject: FINAL MAP 31263
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY:
Sanborn A/E, Inc., representing Krizman Desert Investments, LLC, a California
Limited Liability Company, has prepared a Final Map for subdivision of property
into a one lot Tract Map for condominium purposes located 2850 N. Indian
Canyon Drive, in Section 2, Township 4 South, Range 4 East. Approval of the
final map will allow the map to be recorded, and building permits to be issued for
future construction of the 30 condominium units proposed within this
development. This is merely an administerial action, as required by the
Municipal Code and the Subdivision Map Act.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 31263 FOR
PROPERTY LOCATED AT 2850 N. INDIAN CANYON DRIVE, IN SECTION 2,
TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT WITH KRIZMAN DESERT INVESTMENTS,
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY."
STAFF ANALYSIS:
Sanborn A/E, Inc., representing Krizman Desert Investments, LLC, a California
Limited Liability Company, submitted Final Map 31263, requesting that the
property located at 2850 N. Indian Canyon Drive, in Section 2, Township 4
South, Range 4 East, be subdivided into a one lot Tract Map for condominium
purposes on a 2.12 gross acre site. At its meeting of May 28, 2003, the Planning
Commission recommended approval of Tentative Tract Map 31263, which was
subsequently approved by the City Council, subject to conditions, on June 18,
2003.
It has been determined that required conditions have been satisfied, that Final
Map 31263 is in substantial conformance with the approved Tentative Tract Map,
and that Final Map 31263 is ready for City Council approval.
Item No. 2 . F .
Page 2
Submitted:
David J. Barakian
Director of Public Works/City Engineer
Approved:
David H. Ready .�
City Manager �✓
ATTACHMENTS:
1. Map
2. Subdivision Agreement
3. Resolution
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TABLE OF CONTENTS
1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.14 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. Acceptance of Offers of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
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7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8.1 Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11. Corporate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this
day of 12005, by and between the CITY OF PALM SPRINGS,
a municipal corporation of the State of California("CITY"), and KRIZMAN DESERT INVESTMENTS,
LLC, a California Limited Liability Company ("Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract
Map No. 31263, located in the City of Palm Springs, County of Riverside, State of California (the
"Property"), as described on Exhibit "A". The map contains conditions of approval for the
development of the Property (the "Conditions") as described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City
of Palm Springs an easement for public utility purposes with the right of ingress and egress for
service as shown on the map as "5' PUE"; and City desires to accept said dedication and certain
other improvements as described in this Agreement.
C. Subdivider has delivered to City and City has approved plans and specifications and
related documents for certain "Works of Improvement" (as hereinafter defined) which are required
to be constructed and installed in order to accommodate the development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement pursuant
to this Agreement and its public dedications and other improvements, as described in this
Agreement, are a material consideration to City in approving the parcel map for the Property and
permitting development of the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in
consideration of City's approving the Map for the Property and permitting development of the
Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.
1. Construction Obliqations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct
or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer
and other improvements (herein sometimes collectively referred to as the "Works of Improvement"),
as the same may be supplemented and revised from time to time as set forth herein (said plans and
specifications, together with all related documents, are referred to herein as the "Plans"). The
estimated construction cost for the Works of Improvement is $350.000.00.
1.2 Other Obliqations Referenced in Conditions of Tentative Map Approval. In addition to
the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the
Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B"
attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a
complete work of improvement which Subdivider shall perform orcause to be performed in a manner
acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the
terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility,
even though the Plans may not specifically call out all items of work required for the contractor to
complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or
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information necessary to carry out the full intent and meaning of the Plans, Subdivider or its
contractor shall immediately notify its design engineer who will seek approval of the City Engineer for
furnishing of detailed instructions. In the event of any doubt or question arising regarding the true
meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon
shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations
affecting the requirements and information given on the Plans shall be in writing and approved by the
City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary
to adequately control the work. Without the City Engineer's prior written approval, no change shall be
made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing
after it has been stamped as approved.
1.4 Survev Monuments. Before final approval of street improvements, Subdivider will place
survey monument(s) as shown on the Map in accordance with the provisions of the State
Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall
provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the
monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of
the setting of said monument(s) and written proof of having paid the engineer or surveyor for the
setting of said monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials,
labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's
obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and
without notification to any of the sureties or financial institutions referenced in Paragraph 4, may
order extra work or may make changes by altering or deleting any portion of the Works of
Improvement as specified herein or as deemed necessary or desirable by the City Engineer as
determined necessary to accomplish the purposes of this Agreement and to protect the public
health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in
writing (by Correction Notice) at the time a determination has been made to require changes in the
work. No field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or
otherwise make acceptable any work found by the City Engineer to be defective.
1.8 No Warranty by CitV. The Plans for the Works of Improvement have been prepared by
or on behalf of Subdivider or its consultants or contractors, and City makes no representation or
warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the
Plans or related documents.
1.9 Authority of the CitV Engineer. In addition to the authority granted to the City Engineer
elsewhere in this Agreement,the City Engineer shall have the authority to decide all questions which
may arise as to the quality and acceptability of materials furnished and work performed, and all
questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by
Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy
of all approved Plans at the job site and shall give access thereto to the City's inspectors and
engineers at all times.
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1.11 Inspection. Subdivider shall have an authorized representative on the job site at all
times during which work is being done who has full authority to act for Subdivider, or its design
engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall
cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not
the Works of Improvement as performed are in accordance with the requirements and intent of this
Agreement, including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the finished work
as may be directed which have not previously been inspected.After examination,the contractor shall
restore said portions of the work to the standards required hereunder. Inspection or supervision by
the City shall not be considered as direct control of the individual workmen on the job site. City's
inspector shall have the authority to stop any and all work not in accordance with the requirements
contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of any
obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be
rejected notwithstanding that such materials or work may have been previously overlooked or
accepted.
1.12 Compliance With Law. In addition to the express provisions of this Agreement and the
Plans, Subdivider shall cause construction of the Works of Improvement to be completed in
accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order suspension of the
work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension
of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials
and shall store them properly if necessary and shall provide suitable drainage and erect temporary
structures where necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has
completed all of the Works of Improvement, Subdivider shall then request a final inspection of the
work. If items are found by the inspector to be incomplete or not in compliance with this Agreement
or any of the requirements contained or referenced herein, City will inform the contractor of such
items. After the contractor has completed these items, the procedure shall then be the same as
specified above for the contractor's initial request for final inspection. If items are found by City's
inspector to be incomplete or not in compliance after two (2) "final"inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a detailed
statement of the work performed subsequent to the date of the previous inspection which was found
to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall
be construed as final acceptance of any part until the overall final acceptance by City is made Final
acceptance shall not constitute a waiver by City of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the
date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below,
Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty
30 days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause
to be completed all of the Works of Improvement two (2) vears after the Commencement Date.
Extensions of time for completion of the Works of Improvement may be granted upon approval by
the City Engineer or his designee. Extension of time maybe granted upon mutual agreement of the
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City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his
designee.
2.2 Phasinq Requirements. Notwithstanding the provisions of Section 2.1, City reserves
the right to control and regulate the phasing of completion of specific Works of Improvement as
required to comply with applicable City ordinances, regulations, and rules relating to the timely
provision of public services and facilities. In addition to whatever other remedies City may have for
Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended
from time to time, Subdivider acknowledges City's right to withhold the issuance of further building
permits on the Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a
condition to issuance of building permits have been satisfied. Such requirements may include the
payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates
of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City
Engineer or his designee, completion of specific Works of Improvements or other requirements
associated with the development of the Property have not been completed to his satisfaction.
2.3 Force Maleure. Notwithstanding the provisions of Section 2.1, Subdivider's time for
commencement and completion of the Works of Improvement shall be extended for the period of
any enforced delay caused due to circumstances beyond the control and without the fault of
Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes,
strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the
scope of work required by City, and similar causes; provided, however, that the period of any
enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt
of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force
Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of Improvement
(or separate portion thereof), Subdivider shall cause such work to be diligently pursued to
completion, and shall not abandon the work for a consecutive period or more than thirty (30) days,
events of Force Majeure excepted.
2.5 Reversion to Acreaqe. In addition to whatever other rights City may have due to
Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City
reserves the right to revert the Property to acreage subject to the limitations and requirements set
forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider
agrees that if the Works of Improvement have not been completed on or before the later of two (2)
years from the date of this Agreement or within the time allowed herein, whichever is the later, and
if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government
Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements
made by or on behalf of Subdivider shall not be considered in determining City's authority to revert
the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its
obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and
subcontractors performing any of the Works of Improvement to comply with all applicable federal
and state labor standards, including to the extent applicable the prevailing wage requirements
promulgated by the Director of Industrial Relations of the State of California Department of Labor.
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3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing
any of the Works of Improvement shall discriminate against any employee or prospective employee
with respect to such work in hiring, promotion, seniority, or any other terms and conditions of
employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital
status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be
constructed by contractors and subcontractors with valid California Contractors' licenses for the type
of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor
performing any of the Works of Improvement to carry Workers'Compensation Insurance as required
by the Labor Code of the State of California and shall cause each such contractor and subcontractor
to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or
subcontractor entering onto the job site.
4. Security.
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the
following bonds, letters of credit, instruments of credit (assignment of deposit account) or other
security acceptable to City in its sole and absolute discretion and satisfying the requirements of the
applicable provisions of this Section 4 below (hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the Works of
Improvement ("Faithful Performance Security Instrument"), in the amount of $350,000.00 equal to
100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and
other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security
Instrument")with respect to the Works of Improvement in an amount equal to$175 000.00 equal to
50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as
required in Section 1.4 in the amount of$3,0 00.00 equal to 100% of the cost thereof.
This Agreement shall not be effective for any purpose until such Security Instruments are
supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's
acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider
shall deliver a Security Instrument warranting the work accepted fora period of one(1)year following
said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $52 500.00
equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount
determined by the City Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the amounts
required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum
requirements and otherwise shall be in a form provided by City or otherwise approved by the City
Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be
issued and executed by an insurance company or bank authorized to transact surety business in the
5
State of California.Any insurance company acting as surety shall have a minimum rating of A-IX, as
rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick,
New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by
Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit
shall be an original separate unconditional, irrevocable, negotiable and transferable commercial
letter of credit issued by a financial institution with offices in the State of California acceptable to City.
Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the
City Engineer of the City that Subdivider is in default under its payment or performance obligations
hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty
(30) days prior to the date of expiration of any such letter of credit and shall further be subject to the
provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any
Instrument of Credit shall be an assignment of deposit account assigning as security to City all of
Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions
acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with
respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm
Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline
for Subdivider's completing the Works of Improvement, to accordance with Section 2.1 (other than
Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of
Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and
without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City
to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to
facilitate City's realization under any Security Instrument, and to take no action to prevent City from
such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or
the subsequent expiration of any Security Instrument or any failure by any surety or financial
institution to perform its obligations with respect thereto, Subdivider shall be personally liable for
performance under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10) days after
written demand therefor, deliver to City such substitute security as City shall require satisfying the
requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to
draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1)
year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not
less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of
credit being in the same amount and having the terms and conditions as the initial letter of credit
delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of
the replacement letter of credit.
Cl .
6
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and
absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit
or to hold such funds in an account under the control of the City,with no interest accruing thereon for
the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the
foregoing, City may thereafter at any time elect instead to apply such funds as provided in the
foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent
required for City to realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's security
interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials
Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of
all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) subject to the following sentences after passage of the time within which lien claims are
required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15
of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall
hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider
has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no claims are
outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible
for payment of all costs incurred for construction and installation of the Works of Improvement. In the
event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such
reimbursement shall be subject to a separate Reimbursement Agreement to be entered into
between Subdivider and City prior to construction of the works.
5.2 PaVment to City for Cost of Related Inspection and Enqineerinq Services. Subdivider
shall compensate City for all of City's costs reasonably incurred in having its authorized
representative make the usual and customary inspections of the Works of Improvement. In addition,
Subdivider shall compensate Cityfor all design, plan check,evaluating any proposed or agreed-upon
changes in the work. The procedures for deposit and payment of such fees shall be as established
by the City Council. In no event shall Subdivider be entitled to additional inspections or a final
inspection and acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and additional required
inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate
resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with
acceptance to become effective upon completion and acceptance by City of the Works of
Cr vn c�
7
Improvement.Such resolution(s)shall authorize the City Clerk to execute the Certificate made a part
of the Map regarding said acceptance of the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against
defective materials and workmanship for a period of one (1) year from the date of final acceptance.
If any of the Works of Improvement should fail or prove defective within said one (1) year period due
to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or
should any portion of the Works of Improvement fail to fulfill any requirements of the Plans,
Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as
may reasonably be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in so doing.
Should Subdivider fail to remedy defective material and/or workmanship or make replacements or
repairs within the period of time set forth above, City may make such repairs and replacements and
the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider.
The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or
other obligations otherwise imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific
remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not
exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it
may by entitled.
8.2 City Riqht to Perform Work. In addition to whatever other rights or remedies it may
have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work
required to be performed under this Agreement and such failure shall continue for a period of twenty
(20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to
diligently and continuously pursue the cure of any such default to completion, City shall have the
right to enter into the Property and perform any of the uncompleted work by force account or
contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full
cost and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation
under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing
performance of such obligations, including costs of suit and reasonable attorney's fees. In the event
of any dispute arising out of 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.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's
officers, employees, and agents from and against any and all claims, liabilities, losses, damages,
causes of action, and obligations arising out of Subdivider's failure to perform the construction and
installation of the Works of Improvement in accordance with the requirements contained or
referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death,
property damage, economic loss, and any other monetary damage or penalty to which City may be
subjected, including without limitation, attorney's fees and costs and the costs of realizing on any
8
Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation
shall not extend to any loss resulting from City's sole negligence or willful misconduct.
10. General Provisions.
10.1 Successors and Assiqns. This Agreement shall be binding upon all successors and
assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties
hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any
third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the
general public, or other person or entity.
10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the
terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and
previous agreements between the parties with respect to all or part of the subject matter hereof,
except as may be expressly provided herein.All waivers of the provisions of this Agreement must be
in writing and signed by an authorized representative of the party to be charged, and all
amendments hereto must be in writing and signed by the appropriate representatives of both parties.
11. Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such
party is formally bound to the provisions of this Agreement, and (iv) the entering into of this
Agreement does not violate any provisions of any other Agreement to which said party is bound.
(Signatures on Next Page)
9
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement
Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
James Thompson, City Clerk David H. Ready, City Manager
RECOMMENDED BY:
APPROV S TO FORM:
���
David Barakian, City Engineer By:
SUBDIVIDER: Title:
s
KRIZMAN DESERT INVESTMENT^LLC, a California Limited Liability Company
(Check One: _individual, ^ partnership, serparatanj�C'c�r��
By: &/'Vy
Signature
By: A*'K--g 1ZA"j
Name and Title
Mailing Address:
i s �^YsT>_r, W A-y
10
ALL-PURPOSE ACKNOWLEDGMENT
Stateof California CAPACITY CLAIMED BY SIGNER
County of Orange ❑ INDIVIDUAL(S)
❑ CORPORATE
On May 3, 2005 beforeme,. Karpn R ('.rnshiP OFFICER(S)
Dale Name, Title of Officer TITLE(S)
personally appeared Anna Frizman ❑ PARTNER(S)
NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
R personally known to me-OR- ❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ proved to me on the basis of satisfactory evidence to be the personals) whose name(s) is/are P OTHER -
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ���
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
persons)or the entity upon behalf of which the persons(s) acted, executed the instrument.
---` _ SIGNER IS REPRESENTING:
WOES,m hand Pseal K� tf
KAc M L CROSBIEK Rrizman Desert
uov R° iCl NuLI
`�� Signatut�-a£ATo�ary MRANGECG.27, " Tn
(/ COMMFXP.AUG.27,2007-+ Ve_G-tments
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ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to
unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
Resolution 20636
Page 5
EXHIBIT A
CASE 5.0948-PD-283 '
PRELIMINARY PLANNED DEVELOPMENT DISTRICT (PD#283)
TENTATIVE TRACT MAP 31263
NORTHEAST CORNER OF INDIAN CANYON DRIVE AND FRANCIS DRIVE
KRIZMAN DESERT INVESTMENTS, LLC,
REVISED CONDITIONS OF APPROVAL
JUNE 18, 2003
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.
PLANNING DEPARTMENT:
1. The proposed development of the premises shall conform to all applicable regulations
of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes,
ordinances and resolutions which supplement the zoning district regulations.
1a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents,officers,and employees from any claim,action,or proceeding against the City
of Palm Springs or its agents, officers or employees to attach, set aside, void or
annul,an approval of the City of Palm Springs,its legislative body,advisory agencies,
or administrative officers concerning Case 5.0948-PD-283 and TTM 31263.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 further indemnification
hereunder, except, the City's decision to settle or abandon a matter following an
adverse judgment or failure to appeal,shall not cause a waiver of the indemnification
rights herein.
2. 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.
Resolution 20636
Page 6
3. If,within two(2)years after the date of approval by the City Council of the preliminary
development plan,the final development plan,as indicated in Section 94.03.00(I),has
not been approved by the Planning Commission,the procedures and actions which
have taken place up to that time shall be null and void and the planned development
district and tentative tract map shall expire. Extensions of time may be allowed for
good cause.
The final development plans shall be submitted in accordance with Section 9403.00
of the Zoning Ordinance. Final construction plans shall include site plans, building
elevations,floorplans,roof plans,fence and wall plans,entry plans,landscape plans,
irrigation plans, exterior lighting plans, sign program, site cross sections, property
development standards, street improvement plans and other such documents as
required by the Planning Commission. Final construction plans shall be submitted
within two years of the Planning Commission approval.
4. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning and
Building for approval in a form to be approved by the City Attorney, to be recorded
prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City,
shall not be amended without City approval,shall require maintenance of all property
in a good condition and in accordance with all ordinances.The applicant shall submit
to the City of Palm Springs, a deposit in the amount of$5,000 for the review of the
CC&R's by the City Attorney.An administrative fee of$250 shall also be paid to the
Planning Department.
A. The CC&R's shall include a provision prohibiting conversion of carports into
habitable area.
5. All outdoor storage is prohibited in the carports. `
6. Separate architectural approval and permits shall be required for all signs.
7. The project shall be developed in two phases.
8. Final landscaping, irrigation,exterior lighting,and fencing plans for each phase shall
be submitted for approval by the Planning Commission (see Condition # 3 above)
prior to issuance of a building permit/construction permits. Landscape plans shall be
approved by the Riverside County Agricultural Commissioner's Office prior to
submittal. A substantial windbreak shall be provided in the rear yards along the
northern project perimeters,using trees and shrubs.The windbreak shall be installed
as residential phases are developed.
9. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape Document
Package to the Director of Planning and Building for review and approval prior to the
issuance of a building permit. Refer to Chapter 8,60 of the Municipal Code for
specific requirements.
10. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed'per.City of
Palm Springs Engineering specifications.
Resolution 20636
Page 7
11, All roof mounted mechanical equipment shall be screened from all possible vantage
points both existing and future per Section 9303.00 of the zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend
with the architectural design of the building(s). The exterior elevations and roof plans
of the buildings shall indicate any fixtures or equipment to be located on the roof of
the building,the equipment heights,and type of screening. Parapets shall be at least
6"above the equipment for the purpose of screening
12. No exterior down spouts shall be permitted on anyfacade on the proposed building(s)
which are visible from adjacent streets or residential and commercial areas.
13, The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
14. The street address numbering/lettering shall not exceed eight inches in height.
15. An exterior lighting plan in accordance with Zoning Ordinance Section 93,21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning & Building prior to the issuance of building permits.
Manufacturer's cut sheets of all exterior lighting shall be submitted to and approved
by the Director of Planning and Building prior to issuance of a building permit. If
lights are proposed to be mounted on buildings, down-lights shall be utilized.
16. The detention basins shall be fully landscaped and designed to provide passive
recreation opportunities, to the extent possible.
17. Plans meeting City standards for approval on the proposed trash and recyclable '
materials enclosure shall be submitted prior to issuance of a building permit. For the
common areas, trash enclosures shall be required in each recreation area.
18. Details of pool fencing (materials and color) and equipment area shall be submitted
with final landscape plan.
19. Handicapped accessibility shall be indicated on the site plan to include the location
of handicapped parking spaces,the main entrance to the proposed pool structure and
the path of travel to the main entrance.
20. The Department of Planning and Zoning recommends that the applicant obtain a copy
of the publication, Suggestions for Disabled Access Design available through the
Department of Planning or the Department of Building in order to consider
incorporation of building design features that would enhance handicapped
accessibility.
18. Common area pools shall be closed between the hours of 10 pm to 7 am.
19. The maximum building height shall be 22' measured as the vertical distance plus
eighteen (18) inches measured from the average grade at the curb adjacent to the
property.
20. The project entry shall incorporate decorative street, landscape and safety lighting. '
Decorative lighting at entries shall be pedestrian scale.
Resolution 20636
Page 8
21. Project setbacks shall be as follows:
Front yard setback (Indian Canyon Drive)- 30'
Side yard setback(Francis Drive)- 16'-6"
Rear yard setback (Sunny View Drive)- 16'-0"
Refer to R-2 Zone for remaining parking and property development standards.
22. Prior to issuance of a building permit, the applicant shall pay developer fees to the
Palm Springs Unified School District pursuant to the requirements established in
81350. The amount of fees paid will be determined based on the established state
formula for determining construction costs.
23. In accordance with Public Resource Code 5097.94,if human remains are found,the
Riverside County Coroner must be notified within 24 hours of the discovery. If the
Coroner determines that the remains are not recent,the coroner will notify the Native
American Heritage Commission in Sacrament to determine the most likely
descendent for the area. The designated Native American representative then
determines in consultation with the property owner the disposition of the human
remains.
24. A Riverside County-certified archeologist shall be retained to attend pre-grading
meetings.The archeologist will carefully inspect the area to assess the potential for
' significant prehistoric or historic remains. If a site is uncovered, than a subsurface
investigation may be needed if the site is determined unique/important for its
prehistoric information.
25. Monitoring of rough grading activities bya qualified archaeologist shall be undertaken
to ensure protection of any unknown resources. Monitoring should continue until
rough grading is completed or the Principal Investigator for Archeology determines
that there is no further potential for the project to impact cultural resources. The
archeologist shall have the opportunity to temporarily divert of direct earth moving to
allow time to evaluate any exposed prehistoric or historic material. Any recovered
prehistoric or historic artifacts shall be offered, on a first right-of-refusal basis, to a
repository with a retrievable collection system and an educational and research
interest in the materials such as the W estem Center for Archeology and Paleontology
(UCR).Should any human remains be discovered, no further disturbance shall occur
until the County Coroner has made the necessary findings as to origin and disposition
pursuant to Public Resource Code Section 5097.98,
1
d5�r'�r
Resolution 20636
Page 9
26. Prior to issuance of a grading permit, the developer will develop and submit a dust
control plan to the City's Building Official, in accordance with the 2002 Coachella '
Valley PM-10 State Implementation Plan. The proposed project will comply with the
provision of Chapter 8.50 of the Palm Springs Municipal Code that establishes
minimum requirements for construction activities to reduce fugitive dust and PM-10
emissions. A plant control fugitive dust through implementation of reasonable
available dust control measures shall be prepared and submitted to the City Building
Official and South Coast Air Quality Management District (SCAQMD) for approval
prior to the issuance of grading permits. The project applicant shall provide evidence
to the City Building Official that the SCAQMD has approved the fugitive dust plan prior
to issuance of grading permits. The plant shall specify the fugitive dust control
measures to be employed.
27. Cut and fill quantities will be balanced onsite.
28. Parking stalls shall be delineated with a 4 to 6 inch double stripe-hairpin or elongated
"U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb
shall provide wheel stops.
29. Concrete walks with a minimum width of two(2)feet shall be installed adjacent to end
parking spaces or end spaces shall be increased to eleven (11)feet wide.
30. Tree wells shall be provided within the parking lot and shall have a planting area of
six feet in diameter/width.
31. Three handicapped parking spaces are required. '
32. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces
shall be 15 feet deep by 8 feet wide. Handicap parking spaces shal[.be 18 feet deep
by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2)
handicap spaces can share a common walkway. One in every eight (8) handicap
accessible spaces, but not less than one(1),shall be served by an 8 foot walkway on
the right side and shall be designated as "van accessible".
33. Handicapped accessibility shall be indicated on the site plan to include the location
of handicapped parking spaces,the main entrance to the proposed structure and the
path of travel to the main entrance. Consideration shall be given to potential
difficulties with the handicapped accessibility to the building due to the future grading
plans for the property.
34. Compact and handicapped spaces shall be appropriately marked per Section
9306.00C 10.
35. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area shall
have curbs placed at a minimum of two (2) feet from the face of walls, fences or
buildings adjoining driveways.
36. For projects on Major or Secondary thoroughfares,construction of any residential unit '
shall meet minimum soundproofing requirements prescribed pursuant to Section 1092
and related sections of Title 25 of the California Administrative Code. Compliance
shall be demonstrated to the satisfaction of the Building Official.
Resolution 20636
Page 10
37. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art.The project shall either provide public art or payment of an in lieu
fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit
valuation as calculated pursuant to the valuation table in the Uniform Building Code,
the feeing being 112% for commercial projects or 1/4% for residential projects with
first $100,000 of total building permit valuation for Individual single-family units
exempt. Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
BUILDING
38, Prior to any construction on-site, all appropriate permits must be secured. All
Construction shall comply with Title 24 of the California Administrative Code.
39, Outdoor construction activities shall not take place between the house of 7:00 pm and
7:00 am on weekdays, between the hours of 5:00 pm and 8:00 am on Saturdays or
at any time on Sundays or on a Federal holiday. Time restrictions shall be included
in the contractor specifications and shall be verified by the Director of Building and
Safety.
40. Proposed structural designs shall comply with provisions of the current Uniform
Building Code and seismic design criteria of the Structural Engineers Association of
California. Compliance with these criteria will be verified by the Director of Building
and Safety prior to the issuance of building permits.
WASTE DISPOSAL SERVICES
41. The location of the trash enclosures shall be submitted to the waste disposal service
for approval. Notification of the waste disposal service's approval shall be submitted
to the Department of Planning and Zoning before a Certificate of Occupancy shall be
issued.
ENGINEERING
STREETS
42. Any improvements within the street right-of-way require a City of Palm Springs
Encroachment Permit. Work shall be allowed according to Resolution 17950 -
Restricting Street Work on Major and Secondary Thoroughfares.
43, Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
or 3
Resolution 20636
Page 11
NORTH INDIAN CANYON DRIVE
44. Remove the existing curb and gutter located 32 feet east of centerline and replace
with 8 inch curb and gutter located 38 feet east of centerline along the entire frontage,
With a 25 feet radius curb return and spandrel at the northeast corner of the
intersection of North Indian Canyon Drive and Francis Drive in accordance with City
of Palm Springs Standard Drawing No. 200 and 206.
45. Construct the north half of a cross gutter at the northeast corner of the intersection
of North Indian Canyon Drive and Francis Drive to match the existing cross-gutter at
the southeast corner of the intersection in accordance with City of Palm Springs
Standard prawing No. 200 and 206.
46. Remove the existing asphalt concrete sidewalk and construct an 8 feet wide sidewalk
adjacent to curb along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 210.
47. Remove the existing curb ramp and construct a Type A curb ramp meeting current
California State Accessibility standards at the northeast corner of the intersection of
North Indian Canyon Drive and Francis Drive in accordance with City of Palm Springs
Standard Drawing No. 212.
48. Remove and replace existing pavement with a minimum pavement section of 5 inch
asphalt concrete pavement over4 inch aggregate base with a minimum subgrade of
24 inches at 95% relative compaction 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. 110 and 340. 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.
49. An in lieu fee of the,proportionate share of the estimated cost to construct a 14-feet
wide landscaped, raised median island from Francis Drive to the north property line
shall be deposited with the City. Payment of the in lieu fee shall be made prior to
issuance of building permits.
FRANCIS DRIVE
50, Remove the existing roll curb located 18 feet north of centerline and replace with 6
inch curb and gutter located 20 feet north of centerline along the entire frontage,with
a 25 feet radius curb return and spandrel at the northeast corner of the intersection
of Francis Drive and North Indian Canyon Drive and at the northwest corner of the
intersection of Francis Drive and Sunny View Drive in accordance with City of Palm
Springs Standard Drawing No. 200 and 206.
61. Remove the existing cross gutter and spandrel and construct the west half of a 6 feet
wide cross gutter at the northwest corner of the intersection of Francis 'Drive and
Sunny View Drive with a flow line parallel with and 20 feet north of the centerline of
Francis Drive in accordance with City of Palm Springs Standard Drawing No.200 and
206.
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52. Construct two(2)24 feet vide driveway approaches in accordance with City of Palm
Springs Standard Drawing No,201. The centerlines of the driveway approaches shall
be located approximately 170 feet and 450 feet east of the centerline of Indian
Canyon Drive, as shown on the approved site plan.
53. Remove the existing sidewalk and construct an 8 feet wide sidewalk adjacent to curb
along the entire frontage in accordance with City of Palm Springs Standard Drawing
No. 210.
54. Remove the existing curb ramp and construct a Type A curb ramp meeting current
Califomia State Accessibility standards at the northwest corner of the intersection of
Francis Drive and Sunny View Drive in accordance with City of Palm Springs
Standard Drawing No, 212,
55. Remove and replace existing pavement with a minimum pavement section of 3 inch
asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of
24 inches at 95% relative compaction 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. 110 and 315. If an alternative pavement section is proposed,
the proposed pavement section shall be designed by a California registered
Geotechnical Engineer using"R"values from the project site and submitted to the City
Engineer for approval.
SUNNY VIEW DRIVE
56. Remove the existing roll curb located 18 feet west of centerline and replace with 6
inch curb and gutter located 18 feet west of centerline along the entire frontage,with
a 25 feet radius curb return and spandrel at the northwest corner of the intersection
of Sunny View Drive and Francis Drive in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
57. Construct five (5) 16 feet minimum width driveway approaches for parking spaces
dedicated for Units 21 through 30 along Sunny View Drive in accordance with City of
Palm Springs Standard Drawing No. 201.
58. Construct an 8 feet wide sidewalk adjacent to curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
59. Remove and replace existing pavement with a minimum pavement section of 2Y2 inch
asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of
24 inches at 95% relative compaction 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. 110 and 300, 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.
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PRIVATE STREETS
60. The on-site private streets shall consist of 24 feet wide two-way streets as shown on '
the approved site plan. All on-site private streets shall be constructed with a minimum
pavement section of 2Y2 inch asphalt concrete pavement over inch aggregate base
with a minimum subgrade of 24 inches at 95% relative compaction. Provisions for
drainage of private streets, including curbs and gutters, shall be provided to the
satisfaction of the City Engineer. If an alternative pavement section is proposed,the
proposed pavement section shall be designed by California registered Geotechnical
Engineer using"R"values from the project site and submitted to the City Engineer for
approval.
61. Parking shelf be prohibited along private streets except for designated parking areas.
62. Provisions for the interception of nuisance water from entering adjacent public streets
from the project site shall be provided through the use of a minor storm drain system
that collects and conveys nuisance water to landscape or parkway areas.
SANITARY SEWER
03. Connect all sanitary facilities to the City sewer system. Laterals shall not be
connected at manholes.
64. Extend the existing 8 inch sewer main located in Francis Drive from the existing
manhole located east of Sunny View Drive along the entire frontage as required to
provide sewer service to the project site. '
65. Construct an on-site(private)sewer system to collect and convey sewage through a
maximum of three lateral connections to the extended sewer main located in Francis
Drive,
66. Submit sewer improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
67. All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site sewer system
acceptable to the City' Engineer shall be included in the Codes, Covenants, and
Restrictions (CC&R's)required for this project.
GRADING
68. Submit a Precise Grading Plan prepared by a Registered civil engineer to the
Engineering Division for review and approval. The Precise Grading Plan shall be
submitted to the Planning Department for approval to submit for plan check, prior to
submittal to the Engineering Division. A PM 10 (dust control) Plan shall be submitted
to and approved bythe Building Department prior to approval of the grading plan.The
Precise Grading Plan shall be approved by the City Engineer priorto issuance of any
grading or building permits.
Minimum submittal includes the following:
Resolution 20636
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A. Planning Department approval to submit for plan check.
B. Copy of signed Conditions of Approval from Planning Department.
C. Copy of Site Plan stamped approved and signed bythe Planning Department.
D. Copy of current Title Report.
E. Copy of Soils Report.
F. Copy of Hydrology Study/Report.
69. Drainage swales shall be provided adjacent to all curbs and sidewalks, 3'wide and
6" deep, to keep nuisance water from entering the public streets, roadways, or
gutters.
70. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board(Phone No.760-346-
7491)is required for the proposed development. A copy of the executed permit shall
be provided to the City Engineer prior to approval of the Precise Grading Plan.
71. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the
developer shall postwith the Citya cash bond of two thousand dollars($2,000.00)per
acre for mitigation measures of erosion/blowsand relating to his property and
development.
72. Asoils report prepared by a licensed Geotechnical Engineer shall be required for and
incorporated as an integral part of the grading plan for the proposed site. A copy of
the soils report shall be submitted to the Building Department and to the Engineering
Division along with plans, calculations and other information subject to approval by
the City Engineer prior to the issuance of the grading permit.
73. Contact the Building Department to get information regarding the preparation of the
PM10 (dust control) plan requirements.
74. In cooperation with the Riverside County Agricultural Commissionerand the California
Department of Food and Agriculture Red Imported Fire Ant Project, applicants for
grading permits involving an engineered grading plan and the export of native soil
from the site will be required to present a clearance document from a Department of
Food and Agriculture representative in the form of an approved"Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties"(RIFA Form CA-1)or a verbal release from that office prior to the
issuance of a grading permit. The California Department of Food and Agriculture
office is located at 73-710 Fred Waring Drive, Palm Desert(Phone; 760-776-8208).
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Page 15
DRAINAGE
75. The developer shall accept all stormwater runoff passing through and falling onto the
site and conduct this runoff to an approved drainage structure (if available). On-site
retention/detention or other facilities approved by the City Engineer shall be required
if off-site drainage structures are unavailable or cannot contain the increased
stormwater runoff generated by the development of the site. Provide a hydrology
study to determine if the increased stormwater runoff due to development of the site
exceeds the capacity of offsite drainage,structures (if any exist), and to determine
required stormwater runoff mitigation measures for this project. Final
detention/retention basin sizing and otherstormwater runoff mitigation measures shall
be determined upon review and approval of the hydrology study by the City Engineer
and'may require redesign or changes to site configurations consistent with the
findings of the final hydrology study.
76. The project is subject to flood control and drainage implementation fees,The acreage
drainage fee at the present time is $6,511 per acre per Resolution No. 15189. Fees
shall be paid prior to issuance of a building permit.
GENERAL
77, Any utility cuts in the existing off-site pavement made by this development shall
receive trench replacement pavement to match existing pavement plus one additional
inch in accordance with City of Palm Springs Standard Drawing No. 115.
78. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,all
existing and proposed electrical lines of thirty-five thousand volts orless and overhead
service drop conductors, and all gas,telephone,television cable service, and similar
servicewires or lines,which are on-site,abutting,and/ortransecting,shall be installed
underground unless specific restrictions are shown in General Orders 95 and 128 of
the California Public Utilities Commission,and service requirements published by the
utilities.
The existing overhead utilities across the westerly and easterly property lines meet
the requirement to be installed underground. The developer is advised to investigate
the nature of these utilities, the availability of undergrounding these utilities with
respect to adjacent and off-site properties, and to present its case for a waiver of the
Municipal Code requirement, if appropriate, to the Planning Commission and/or City
Council as part of its review and approval of this project.
If utility undergrounding is deferred in accordance with specific direction by the
Planning Commission and/or City Council, the property owner shall enter into a
covenant agreeing to underground all of the existing overhead utilities required by the
Municipal Code in the future upon request of the City of Palm Springs City Engineer
at such time as deemed necessary. The covenant shall be executed and notarized
by the property owner and submitted to the City Engineer prior to issuance of a
grading permit. A current title report; or a copy of a current tax bill and a copy of a
vesting grant deed shall be provided to verify current property ownership.
79. All existing utilities shall be shown on the grading/street plans. The existing and '
proposed service laterals shall be shown from the main line to the property line.
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80. The original grading,street,storm drainage,and other improvement plans approved
by the City Engineer shall be documented with record drawing "as-built"information
and returned to the Engineering Division prior to issuance of the certificate of
occupancy. Any modifications or changes to approved improvement plans shall be
submitted to the City Engineer for approval prior to construction.
81. Contact Whitewater Mutual Water Company to determine impacts to any existing
water lines and other facilities that may be located within the project. Make
appropriate arrangements to protect in place or relocate any existing Whitewater
Mutual Water Company facilities that are impacted by the development. A letter of
approval for relocated or adjusted facilities from Whitewater Mutual Water Company
shall be submitted to the Engineering Division prior to issuance of a certificate of
occupancy.
82. Nothing shall be constructed or planted in the comer cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code 93.02,00 D.
83. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per City of
Palm Springs Standard Drawing No. 904.
MAP
84. The Title Report prepared for subdivision guarantee for the subject property, the
traverse closures for the existing parcel and all lots created therefrom, and copies of
record documents shall be submitted with the Final Map to the Engineering Division.
85. A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer
and submitted to the Engineering Division for review and approval.The map shall be
approved by the City Council prior to issuance of building permits.
TRAFFIC
86, A minimum of 48 inches of sidewalk clearance shall be provided around all street
furniture, fire hydrants and other above-ground facilities for handicap accessibility.
Required clearance shall be provided through dedication of additional right-of-way
and widening of the sidewalk or by relocation of encroachments along the public
street frontages.
87. All damaged,destroyed,or modified pavement legends and striping shall be replaced
to the City Engineeron the North Indian Canyon Drive,Francis Drive,and Sunny View
Drive frontages prior to issuance of a Certificate of Occupancy.
88. A 36 inch "STOP" sign shall be installed in accordance with City of Palm Springs
Standard Drawing No. 624 at the project exit.
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89. A 9,500 lumen high pressure sodium vapor safety street light with glare shield on a
marbelite pole shall be provided and installed at the northeast corner of North Indian '
Canyon Drive and Francis Drive with the mast arm over North Indian Canyon Drive.
The developer shall coordinate with Southern California Edison for required permits
and work orders necessary to provide electrical service to the street light.
90. Construction signing, lighting and barricading shall be provided for on all projects as
required by City Standards or as directed by the City Engineer. As a minimum, all
construction signing, lighting and barricading shall be in accordance with State of
California,Department of Transportation,"Manual of Traffic Controls for Construction
and Maintenance Work Zones" dated 1996, or subsequent additions in force at the
time of construction.
91. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
1
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING FINAL MAP
31263 FOR PROPERTY LOCATED AT 2850 N.
INDIAN CANYON DRIVE, IN SECTION 2,
TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND
APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT WITH KRIZMAN DESERT
INVESTMENTS, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
WHEREAS, the Planning Commission, at its meeting of May 28, 2003,
recommended approval of Tentative Tract Map 31263, prepared by Sanborn A/E,
Inc., representing Krizman Desert Investments, LLC, a California Limited Liability
Company, for the above described property; and
WHEREAS, the City Council at its meeting of June 18, 2003, approved Tentative
Tract Map 31263 subject to conditions; and
WHEREAS, the owner offers for dedication to the City of Palm Springs
easements for public utility with the right of ingress and egress for service as
shown on the map as "5' PUE".
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm
Springs as follows:
1. That Final Map 31263 is in substantial conformance with approved
Tentative Tract Map 31263; and
2. That requisite conditions associated with Tentative Tract Map 31263 have
been satisfied; and
3. That Final Map 31263 is in conformance with the General Plan; and
4. That Final Map 31263 conforms to all requirements of the Subdivision
Map Act of the State of California; and
5. That the offer of dedication to the public on Final Map 31263 shall be
accepted by the City Clerk of the City of Palm Springs; and
6. That the City Manager is hereby authorized to enter into a Subdivision
Improvement Agreement with the subdivider and to accept subdivision
improvement security in conformance with the requirements therein for
construction of required public improvements; and
7. That the City Clerk shall cause to have recorded with the Riverside County
Recorder the Subdivision Improvement Agreement; and
8. That Final Map 31263 is hereby approved for purposes therein defined.