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5/4/2005 - STAFF REPORTS (10)
CITY COUNCIL May 4, 2005 CONSENT CALENDAR Subject: FINAL MAP 32233-3 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY: MSA Consulting, Inc., representing Palm Springs Classic, LLC, a Delaware Limited Liability Company, has prepared a Final Map for subdivision of property into 95 single family home lots and 3 open space recreation lots located along the east side of Gene Autry Trail, south of Vista Chino, in Sections 7 and 18, Township 4 South, Range 5 East. Approval of the final map will allow the map to be recorded, and building permits to be issued for future construction of the 95 single family home residential lots (subject to future architectural review and approval by the City) proposed within this development. This is merely an administerial action, as required by the Municipal Code and the Subdivision Map Act. This final map represents the third phase of the Palm Springs Classic development, now know as "Escena Palm Springs". I i RECOMMENDATION: I Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32233-3 FOR PROPERTY LOCATED ALONG THE EAST SIDE. OF GENE AUTRY TRAIL, SOUTH OF VISTA CHINO, IN SECTIONS 7 AND 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY." STAFF ANALYSIS: MSA Consulting, Inc., representing Palm Springs Classic, LLC, a Delaware Limited Liability Company, submitted Final Map 32233-3, requesting that the property located along the east side of Gene Autry Trail, south of Vista Chino, in Sections 7 and 18, Township 4 South, Range 5 East, be subdivided into 95 single family home lots and 3 open space recreation lots on a 20,206 gross acre site. At its meeting of October 13, 2004, the Planning Commission recommended approval of Tentative Tract Map 32233, which was subsequently approved by the City Council, subject to conditions, on November 17, 2004. It has been determined that required conditions have been satisfied, that Final Map 32233-3 is in substantial conformance with the approved Tentative Tract Map, and that Final Map 32233-3 is ready for City Council approval. Item No . 2 . L Submitted: DD f, i David J. Barakian Director of Public Works/City Engineer I i Approved: j David H. Ready City Manager I ATTACHMENTS: I 1. Map 2. Subdivision Agreement IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 6 SHEETS OWNER'S STATEMENT TRACT MAP NO. 32233-3 RECORDER'S STATEMENT Wr HEREBY SLATE THAT YE ARE THE OWNSUP OF ME HAND INCLUDED WITHIN ME BEING A SUBDIVISION OF PORTIONS OF SECTION 7 AND THE RLID THB LWT IF 20 15 NECESSN Y OwN xSAEON,TRAr wE PRE 1E ONLY MAT WE HEREBY CONSENT NORTH HALF OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M. IwPs AT PAGES w aooK AT ME REQUEST of Is rvecEssARY TO EMS P cLFM TmE TO SAID CAME;Tw.r WE HEREer coxscrvr ,,RRE� T NE HAVING ADD BORDER I RECORDING OF THIS SVBMIISION DAN AS SHOWN 1WmIN THE �� AR[\A CONSULTING, INCTANUARY - ME CITY CLERK OF THE CRY OF PALM SPRINGS 1Y1JL] 1. 1 2005 O. ME HEREBY pE0.A i0 PUBLIC USE FOR, M. ur. AND SEWER PURPDSES, 105E. FNIS SHOWN F S.PBE'AND M.CUE.ALONG FNp PWACEM TO LAB TLL PRNAR SR215,q5 SHOWN WNHIN rH1G MPP L'.RRY W WARM.COUNTY ISSEssOR-CLERK-RELORpER WE HEREBY BECOME TO PUBLIC USE EASEMENTS FOR PUBUL Unurc AMID GENER ENGINEERS STATEMENT Br oFrun PURPOEM TOGETHER WITH ME RIGHT OF INGRESS AND EGR65 FOR SERVICE AND - DMEROENCY YEHILL£5 AND PERSONNEL OVER L015'A'mROUGN"0".INCLUSIW.0.S DR.. IN IS MAP. THE HAD WAR PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS EASED UPON P SPUMES..GUARANTEE BY NORTH PMEGICAN rin.E COMPANY WITH TH FIELD sUP.VEY IN CONFORMANCE WITH THE REOUIREIAEMS OF THE SUBDIVISION TRAP ACT AND WE HERESY DEDICATE TO PUBLIC USE FOR PUBLIC UTILITY AND SEWER PURPOSES. LOCAL ORDINANCE AT THE REGULAR OF LENDER HOMES OF CAUFORNU,INC,IN NOVEMBER OF GC,, EPSEAENS OVER LOTS M'THROUGH"R".VOLLEYS,ALL AS SHOWN WITHIN THIS.1 NERESY STATE THAT ALL MONUMENTS ARE OF ME CHMACTER AND OLLJFY FINE POSITIONS WE HEREBY RETMN LOTS'A'THROUGH"0',INCWSVE,INDICTED AS"PRNpTE INDICATED.OR WILL BE IN ACCORDANCE WITH FINE TERMS OF ME MONUMENT AGREEMENT FOR STREETS FOP.PRIVATE USE FOR ME SOIL£BENEFIT OF OURSELVES,OUR THE MAP.AND THAT SAID MONUMENTS ARE SUFELIENT TO ENABLE THE SURVEY TO BE RETRACED SUCCESSORS.ASSIGNEES AND PDT OWNERS WITHIN THIS MM I HEREBY STATE THAT cols MCA SUBSTANMLLY CONFORMS TO 1E APPROVED OR CONpmONALLY TAX COLLECTOR'S CERTIFICATE APPROVED TENTATIVE MAP,IF ANY. WE HEREBY RETAIN FOR STORM GRAIN PURPOSES,AN EASEMENT OVER MODE pATEp 3 3o of HEREBY CERTIFY THAT ACCORDING i0 FIRE RECORDS OF nil5 OFFICE,AS OF THIS DATE, EASEMENTS SHOWN C 3'PUE"AND'UOLEES RUE',FOR ME SOLE BENEFIT M 0 E35/ THERE ARE NO DENS AGAINST ME PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID ONSSELVES.OUR SUCCESSORS,ASSIGNFEB AND LOT OWNERS WITHIN nil5 FLAP / / r(9QR r ( $LATE COUNTY,MUNILIPA OR LEGAL TAXES OR MORAL ASSESSMENTS COLLECTED AS tl Y e O TAXES EX EPT TAXES OR SPECIAL ASSESSOMM LOLECTED AS TAXES,NOW A HER LATH WE HEREBY RETAIN FOR OPEN SPACE,LANDSCAPE AND SLORM DEAN PURPOSES, ROGER SM .CE 2fi5O1 = e°N , atr i NOT YET PAYAGLE,WHICH PPE ESTIMATED TO BE LOTS P"THROUM'R",INCUBI FOR FIRE SOLE BENEFIT OF OURSELVES.OUR EXp I/31/o6 w L26W1 m ,DECESECTS.ASSIGNEES PNp LOT OWNERS WIRE THIS MAP. Pap S- -O6 ACTED PAUL ICLEONNELL,COUNTY TAX COLLECTOR PALM SPRINGS CLASSIC, LLC, vFOP CA\.\RO A oFuwPRE uMTEn uABRnr cOMPANr BY o PUNY W. A CALUM DOMES OF CALFORN INC., CITY ENGINEER'S STATEMENT A C�FORNw CORPORATION.MANAGING MEI.IBER 1 HEREBY STO t SHEETS, HAVE I 11NEG THE CFPIN MAP " ELD I MW N0.32233-FI ryry'� RME'MCOMPECTNG OF fi APPEMED ON YNE THE SUBDIVISION O SHOWN HFREO"A SUBSTANTUXLEYTHE 1E BY: l^�1 ` }� SAME AS O W510NS ON THE T ATE SUE MAY OR ANY U AND A PLTLOCAL OS INANCES �-M fA tar ALL PROVIME OF THE STATE L OF MS MAP ACT AND ANY mcNL COUPLED ORDINANCES TAX BOND CERTIFICATE 'M'Me T Y AAy�TIME V1LR iKL310ElLF AND MT II AT sANSFIEN THA TBAlDV CAPFIS TEC N CALY CORRECT BEEN cOMPLLEo wnH. HEREBY DEPUTY THAT A BOND IN THE SUM OF UPS BEEN EXECUTED MATED \5SiE55gyN ANU FLFEESWITH mE BOARD OF SUPERVISORS OF THE COOK'OF RNETIDE CAUCKINA. m CONDMON UPON ME PAYMENT BF ALL TAXES,STATE.COOK',MUNICIPAL.OR LOCAL, °J P MN Z SPEcwL assEssMENTs cOt1 Ps UPPE D Es,WHICH AT ME TIME OF FILING OF BENEFICIARY'S STATEMENT 'p oP QL- THIS MPP\vTV THE LOU MY RECORDER ME A HER AGAINST SAID PROPERTY BUT NOT YET GAVE J BARMANJ RCE RTLLF g [Ay PAYABLE AND ME BOND RATS BEEN DULY APPROVED W SAID MORD OF SUPEPVI Cl ENGINEER FXP.3/31/0] OF TRUST FUDGING OCTOBER 1, O .AS RE CORSNT M. BENEFICIARY PER DEED Ne [-36931 pATSp OF GAJ- RECORDS) AVEMR 29,2VTY,PS INGRUTAEM N0.2004E0862fitr2,OF ; 5)C, tl ST* 00,TAX P OFFICIAL RECORDS OF flNEg51DE COJNTY,CA-FORMS, R F� RANDY RODIEGO PAUL DI�p�✓/ '(,�//� ,/ ,/ CLERK OF ME BOMT OF SUPERVISORS COUNTY TAX COLLECTOR N `� I-r+ ` CITY CLERK'S STATEMENT BY ine L.ICYRnikg n rf UE DIRR<NFL NMAE-YstT4t•- B TIRE��yty}RE Y. DEPUTY DEPUTY LAua. IN W I,NAMES ALMA PEON,SPRINGS CITY CLERK CA EX-QMFFENS. ILO ASSESSOR OF T E D COUNCIL IL THE REGULAR OF PMLM sPRHELD ON OF GWFOgNw.HERESY STAIRS THAT 5110 CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE MAY OF ,THE OILY BENEFICIARY'S STATEMENT APDIOW'O OF ME P MAP OF SHOW I.IAS NO 32233-3,Arvo LOG AOFFE mE OFTFU OF psTTY P x S ER E PURPOSES SHOWN AS'3'POE'AND FO E'A PUE" OFFERED FOR puauc Ilnutt ANo SEVER PURPOSES.THE RBER PURPOSES, SES, LOTS'A THROUGH TH-RIG T OF INS. PB INVESTMENT COMPANY, FE R MIY S.G JM AS WSIUTY COMPANY.X BENEFICIARY PER OFFAND EEO D PUBLIC VSE A AND SEWER PURPOSES,ART PER WIND THE RIGS!OF INGRESS SOILS REPORT OFEO L MUSTRECORDS RECORDED SIDE COUNTY. S.2Go4, R INSIRUMEM N0.2004EOOB9tr'12,OF EVE EGRESS FOR RERNLE:.Np EI.LUSIE,LY VEHICLES PND PERSONNEL MO GOEAENTSS OFFlLwL ftECOgpe OF RIVERSIDE COUNTY.CALIFGRNI0. OVER LEIS ALL M DUGS TED AND SHOW OFFERED FOR PUBLIC VIILIIY MO SEWER PURPOSES.ALL M DEDICATED AND SHOWN YIRHIN THIS IAPp PURSUANT TO SECTION 4-D OF ME E NO -03 ACT.A PRELIMINARY PREPARED � //�� u I REPORT,PROJECT NO STREET.RA FILE NO G9 -D3 AND AMENDED AWASUG PREPARED BY' '�',{�Y. By ME TENTATIVE RAP FOR SNO IRAC!MAP Wp5 APPROVED BY 1E CITY COUNCIL AT RS BY EMTH SYSTEMS SOJTHWFSi,RATED MAY 27,D13994,qNp.WENDED AUGUST 27.2004, REGULAR MEETING HELD ON ME FAM DAY OF FG.RFR,2Go4 AND Is ON FILE VATS THE CRY Or PAA1 SPRINGS ENGINEERING DEPARTMENT, NAME QEJ 14+.fII NAME TILE CAT,. Br _ CITY CLERK AND EX-OFFER)ASSESSOROF THE CITY COUNCIL OF ME CITY OF PAUA SPRINGS \, NOTARY'S ACKNOWLEDGMENT SIGNATURE OMISSIONS SEE SHEET 2 SEE SHEET 2 P " ,yas J.N. 1609 TABLE OF CONTENTS 1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 i 1.2 Other Obligations Referenced in Conditions of j Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 i 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.14 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . I . . . . . . . 4 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 i 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 i I9. 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 ii SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT(this "Agreement") is entered into this day of 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and PALM SPRINGS CLASSIC, LLC, a Delaware Limited Liability Company("Subdivider"). 1 RECITALS � A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract i Map No. 32233-3, 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". I I B. Pursuant to the Conditions, Subdivider, bythe Map, has offered dedication to the City I of Palm Springs easements for public utility and sewer purposes shown as "3' PUE" and 10' PUE", along and adjacent to all private streets; easements for public utility and sewer purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over Lots"A" through "O", inclusive; and easements for public utility and sewer purposes over Lots "P" through j "R"; and City desires to accept said dedication and certain other improvements as described in this Agreement. I 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 $2,145,000.00, 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer(or his/her designee) and in full compliance with all codes and the r,4 1 terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon i 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 i City Engineer.The Plans shall be supplemented by such working or shop drawings as are necessary j to adequately control the work. Without the City Engineer's priorwritten approval, no change shall be I made by Subdivider or Subdivider's contractor to any plan, specification, or Working or shop drawing after it has been stamped as approved. I 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Enqineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 2 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design i engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall l 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 j 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 i contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any I 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 jaccepted. I I 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 r`).n+4 3 - , ,__ 30 da s following City's approval of the Plans ("Commencement Date"); and (ii)complete or cause to be completed all of the Works of Improvement two (2) years after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 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 Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency(including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five(5)days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty(30) days, events of Force Majeure excepted. 2.5 Reversion to 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. 4 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of I employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. I 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 iof 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. Securit . 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$2,145,000.00 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 $1,072,500.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of$18. 000.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (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$321,750.00 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 Securitv 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 �.1 5 �, . ,.� 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 i 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. I (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty(30)days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the I foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent i 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. i 4.5 Release of Security Instruments. I (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 Enqineering 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 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. I Should Subdivider fail to remedy defective material and/or workmanship or make replacements or I repairs within the period of time set forth above, City may make such repairs and replacements and i 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 I other obligations otherwise imposed by law. I 8. Default. I 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 Attornev's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. i 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. I I 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 I 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) Of ,�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 i By _ James Thompson, City Clerk David H. Ready, City Manager i RECOMMENDED BY: APPR V - AS TO FORM. David Barakian, City Engineer , �z r- i SUBDIVIDER: PALM SPRINGS CLASSIC, LLC, a Delaware Limited Liability Company i By: Lennar Homes of California, Inc., a California Corporation, Managing Member (Check One: _ individual, _, partnership, X corporation) By: Signature By: Tm 0K,S � � � � p2EsiDL n i Name and Title By: Signature By: Name and Title Mailing Address: 391 North Main Street, Suite 301 Corona, California 92880 (951) 817-3500 OOT Fr 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California i i County of Riverside ! On 2005 before me, Jillian Newman a Notary Public, 1 personally appeared Tom Banks, personally known to me to be the person whose i name is subscribed to the within instnm7ent and acknowledged to me that he i executed the same in his authorized capacity, and that by his signature on the I jinstrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �QA 10�AA W /6 ,1 N - _ JILUAN NEWMAN' ComM 011 .1435099 Z a Notary Pulb Calllornlo 5 Orange County 5 2007 MY Comm.ExplresAu9 Notary Seal r=. x IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 6 SHEETS TRACT MAP NO. 32233-3 SIGNATURE OMISSIONS RY` I � NOTAS ACKNOWLEDGMENT 0'ME xTiDWING O E6436 OF ME EASEMENTS AND MAP HE THE REATTA(HAVE BEING A SUBDIVISION OF PORTIONS OF SECTION 7 AND THE BEEN OM OMITTED,AS THEN INTERESTS CANNOT RIPEN INTO INTO FEE renews nnvE STATE OF..NO. ) NORTH HALF OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M. COACHELLA VALLEY WATER DGIRUDT NGLGER OF ED EASEMENT IBM DRn INAGE INGRESS, SS �� EGRESS AND INCV)EMAL PURPOGES,PER NET NO REPYt NEG 1A/19160,0 R C.D.DF Q1eer.,L,�2 ) M$1: CONSULTING, INC. SANITARY - 2005 /� `I 4 I� RIVERSIDE COUNTY FL000 CONTROL I AMR S,WATER cOry ACD INCIDENTAL DISTRICT PURPOSES HOLDER w, ON NOTARY P I T 1 YN' S BTATE. W (,LY TY{ I�1, X yy EASEMENTS FOR RIV IT CHANN,LNG FIELD S R SURVEY INCIDENTAL MAP PER A NOiAFY PVBVL IH AND FOq SAID SLATE,PERSONALLY APPFM EO WNITEWATER RIVER CHANNEL FIELD BVRVEY NO.ALIGNMENT MAP DATED 10/I7/66,flIV ER6IDE COUNTY SURVEYOR MAP N0.800-N TO BE FRI KNOWN TO ME(E F.AUE(Q MC F. i NI E,LLDT GT LATOU. CRT RENT AN DESERT WATER AGENCY,BOLDEN OF AN EASEMENT MR INGRESS AND EGRESS, TO BE ME PT TO BE THATWHOSE SEE(5)1E. 9VD ME H TO ME WRHIN INSTRUMENT AND PER INST.N0.1399-92]]66,RISC 9/2459,O R MKNDWLEOGEO TO 1.1E IMBY HE/SIF.jA1E1 IXECUIm THE SAI.fE IN HITRUMENT1M AUTHORIZED OR MErENTR AND THAT BY xII/01 WHICH M sl ERSIDN (s)ON E THE ECLUED WE WE pERSON(s). ENGINEER'S NOTES g _ 6 VISTA CHINO 8 6 Cq WE ENTRY ua0ry eEHALF CF WHICH ME PEresprvW.Acr<D,IXEcureO WE IusrRDMExr. r IUII�I� MY COMMLSESN "FORS IZ O MY PRINCIPAL FUCE OF WEINESS ME BASIS OF RENTING FOR THIS LOP IS TIE OAMERLY ONE OF THE 7 T � 7 g\ WRNESs MY HANG AND QFFIGGL SEAL NORTHEAST QUARTER OF SECTION],T 4 5, R E E.SB 11,ALSO HERE IS QI IK,N. C.MG L TIE CEMERIJNE OF NSTA CHINO.AR SHOWN ON PARCEL GAP NO 27912, y{' PER P M S 163/35-37.TN(EN q5 N 69'S1'11"VI -VVG INS \ 00 \ O C IN.FOR SED�Wa ES INDICAT FOUND 1"LP W/RAG"TI L E 26401".FWSH,PER TRACT + MAP NO 32233-1,M.B _/__,UNLESS NOTED OTIERWIEE N. \ C'S'F -�T G AY r 19e Nt, Oatis - >� -- (PRI NAA1E) ♦ INOIGIES FOUND 1-1/4"BRASS DISK STAMPT'R L.E 26401", L RUSH.IN AC.PAV'T(AN.CD OLDWE'6'LION).PER TRACT L \ ENE-NO 3zz33-L MR _/_ "MESS LONE,'ME"",, 1� PROJECTrY o,¢ �4a SITE \ NOTARY'S ACKNOWLEDGMENT O INDICATES sE r 1P vnM Pvsnc PLUG STAMPED'RCIS 26n,r, TA HG EVAH oNV��� p�,: °a,7 gf Rusx.""LESS NmED OMERvnsE 0 INDICATES SET 1-1/4"BRIGS,I9R STAMpm"RCE SHER ,RUSH,STALE OF LAJFUgNWu� IN 0.0 PAYT(RN c0 SILL TYPES"MON) COUNTY OF�OS R14��ES) acV �^ - [-] INOICA]ES RECORD DATA PER PARCEL MAP NO 27912, ON �}Q{LIL 4J a0o5 eEFBRE ME .SONI!} E. l7'/T'�G/Pi PER pM0 163/3s-3],AND MGS"REO `� F� \`�! A rprARr�yuR�I c�IN,ArvD FOR�yuO srarE PE sONA,Lr MPEAREp CF\ �/ V� QfIT_ L. C41t1 ry �EYIIiS R)Ar� /,h{JC6 FCMA/KLIN (-) RECORDS RECORD AND MEASURED DATA PER TRIAL MAP NO 322v-1, 2m\ - PERSONALLY KNOWN i0 ME(Ul^.l'A'Cp� N-CII T.1'_M•^IS(1-'APT^^^w nnn�6Tf� M �i TO BE ME PERSON(S)WHOSE M'ME(E)I}/ARE SVBSCRIDEO TO THE VILLA INSIRVMENT AND GT\ P9 INDICATES CENIERUNE A I ACKNOwLOJEO0 TO FL THAT GETEDE/THEY IXECV cTU ME ON IN HSRUDENT W AI EOFEN(EO LAPALIE SOLI,pU0 N PE BY MOF WHICH EIR EPERSC1RE(S)ON ME INSTAD WE WE PEMEON(S), J R/W INDICATES RIGHT-OF-WAN OR ME ENTItt UPON BEHALF OF WHICH ME PERSON(6)ACED,IXECVID)ME INSTRUMENT, DY MI ISS XANO AND DFFlp SEAL 007 MY PRINCIPAL.M]PENCE __OOIFF-S'UUMNES9 CVwO LOgCXELA VALLEY WAl£R DISTRICT - -� 18 G FIT �-BOTH AVE. /»V COUNTY POE INDICATES PUBLIC WORRY FAMBLEM -T ` AS IS T.PP,C��— + ' -12 SET NAIL AND TAG IN TOP OF CURB ON THE PROLONGATON OF ALL SIGE I] LOT LINES,STAMPED'R L E 26J01",IN LIEU OF ME FROM LOT COMMA " E3"P NOTARY PUBLIC IN NVD R SNO STgrE \N-e\�j0"v'iP2--O ^^..�A, L SET 1"I A WILL PVSRE PLUG STAMPED"R OC 26e01',BE NAIL.WO TAG IN L ST N E) IF. �+fTCGI� CONS.FOOTING STAMPER R C E 26401 OR NAIL AMID TAG IN FENCING AWTERIAG \ (PRIM NNIE) TAGGED"RCE 25401'.AS APPROPRIATE HE II HR LOT GOBLETS AND ANGLE \ L•g POINTS.UNLESS OMERwISE NOTED ,A�D -� TOTAL GROSS AREA-20206 ACRES LAN JOSS DRIVE NOTARY'S ACKNOWLEDGMENT NUMBERED DBMS-Gs LOTS CO- --E-1 LETTERED PRNATE SR1EET LOTS- 15 LOTS g STATE OF OPEN SPACE LETTERED LOTS n 3 LDTS 1 N LDGNY,F pgK.(yAIA M� EASEMENT NOTES \ I 1 N DN Af¢,Le(xs aETORE uE oAJA.U' L� A NOiATEY PUB IC N NY0 FOR S40 STALE PERSONALLY APPEARED t C'O,AeN 1� AN EASEMENT FOR DRAINAGE. INGRESS,EGRESS AND INCIDENTAL PURPOSES.IN FAVOR OF SSE`N ORWE PERSONALLY CROWN 10 BE(OR PDC\CC TS 11-C'I TUE c.ci -",".^w a.q. "-_) ME CCACHELA VALLEY WATER 015ERILT,REL. 1z/19/60,AS WEE ND 105] 1.OR O TO DE ME PETEM(S)WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN DERAILMENT AND Q ACKNOWLEDGED TO AlTHAT HE/ME/IHEY IXECUrm ME SALE IN HIE HFR 2 AN EVSEMEM FOR INGRESS AND EGRESS,2D'IN NOW,IN FAVOR OF DESERT Z / /THEIR AITHORIOD) LAPALItt(IEE),AND THAT @HIS/HER�OR SIGNATIRE(S)ON WE INSTRUMENT THE PEPSON(E). WATER AGENCY,RED 9/24/eg.A5 INST,NO 1999-P2]]66,0 R. � 1 II OR WE ENDIY UPON BEHALF OF WHICH ME PEREED(S)ACTED.E%EC.ME 1NSW1MENT Q AN OD OURENTCONTROL FOR D W CONTROL 200'IN WORTH.TRU IN FAVOR OF THE WHIREWE COVNIY O BY OCIBMISEION IXPIRES My PRINCIPAL PEACE OF BUSINESS CHARNEL CONTROL SURVEY Y ALIGNMENT CON T NAN ON DIERr IC AS SHOYIN ON ME VIHITE1VgTER RIVER L IVTMESS MY H9NO AND Doff/ CHANNEL GR" SORVEY N, NMEM MAP DATER U/1J/66.ON FILE WIM ME RNERSIDE m 'y/ELT O♦1A COUNM1 COUNTY SURVEYOR(S 141P NO SOO-N, VICINITY MAP - INDEX SHEET NTI J ©'�Q/EIV nor TO SOLE ANTE) � d J.N. 1609 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 6 SHEETS I 3 CD TRACT MAP NO. 32233-3 o BEING A SUBDIVISION OF PORTIONS OF SECTION 7 AND THE !- NORTH HALF OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M. IDMSA CONSULTING, INC. 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R/n c TxE[Lv6LINE of THE sE 1/a SIR ] OINDICATES SHEET NUMBER 04 ON 1"IF w/TAG LS 4116,RREP,PER PM6 163/35-37 AL Rs 96/43-CB,ACCEPTED AS THE E 1/4 CDR SEC ] lzG N Obn sT W 3e666 F1 FD ASS wrlAG"RIV CD SURV',ON 05'.PER RS 67/85-86 k FREE 1b3/35-3],ACCEPIEO AS THE N 1/4 CDR SEC ] SCALE 1"=200' © EM 11/3"IP 1'!/SPIKE 6 TAG RCE 25558 ON 0.9 IN MDR "E1,PER SO 67/B5-66 AS POS 183/35-37,ACCEPTED AS THE NE CON SEC ] .J p� J.N. 1609 c� `c l LINE DATA CURVE DATA SHEET 4 OF 6 SHEETS�j NO N e W 10 c, se, "'`°A OF - IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 'nsr TA ♦ /1T � AAr� �I/1 7A/'f77 7 .15 / KHI. / MHf IV Li JLLJJ—J <s Iry a °0I BEING A SUBDIVISION OF PORTIONS OF SECTION 7 AND THE _—01 NORTH HALF OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M. x,z ,ven ,e,e° .,a e> mS MSA CONSULTING, ING. 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JANUARY - 2005 z O al ��s x e336 m-c °seso -s°'"" 1x o°'zan'w z°saz ) z CITY OF CATHEDRAL CITY (19335) _ — c —CITY OF PALM SPRINGS dO4Z�s (Fervr sarcp c -- — — — --- — — — — �� CLUBHOUSE VIEW DRIVE Czem'I --_ �e rll —_—_ (5111 " 99 w�Nuxs°F b LOT•F srt _ IR.IA 4YI®.32€3n9 9 tvl,U.___/__�__ r q°o-zss;'w zse°°'t y rx z s) ,x oon'n'w zya as Ij///� n+—Do 1,-w (ul"- n,o,' / u°n'u[aw \ = „sss °e1v,z/. s ,znTsvuecm o\ 19S 1.oM1,l^I -° spore OFF, o sz;sf')� 01°eP J—_— I e J=— OLD J--- I a J - ep ss I// 68y 63 62 \ y 48 8 s -iE Pw J 35 34 u. .i°z sr zs e " " 47 )II, _III ��e M 37 " xs36 'z, e'/ o +s " L— x 'sr eO s,z°z sr. zs Ong rv221 1 I" 'IF °vzyn w zae ca I — Io <_ „a ,,.w .I " a Vy P°s „sys — ,z,ss r Qy'PxE ,ass 9„z JI" ' IGo:sx°°Ezy�s�9awy:z>as 67 � i3w b7 °y64W 61 :101^�`r1 <'n�D xu495z xu46sz O�p.�13"_��7 38 31s 3"J Iry� e.a;es m 33 ryl� '�ow=1" zeO s.,Oz sF "I c6n Y"a I" ss " Iea� r=1" ., ,<z, .E _ �I�IyyI���-- P �11\0T_ m Ax�,— U, " m'8o- " 2111 n,o '_ 2 nssssPen _ r s aw 6 °zs65w eg 60' PxE r6 twg -r,s�z " 95wmwnx°°39wary DOFF ,s s°° -DT'D a F. ,. F o F � ,,,OO °:y s,-w o.DO`e-°_s " " w o WILSON LANE -3"PRO„E e, 04 , s�Oe ee 1 - az ;,a �se,y °° LOT'1• 're°e' C' IF I�+y�_3\IL _ z°ie c V"=I' ID I.,�' �m 45 ' / �io PUE so- v-+°S P°s w n —°oz wo-srs- �I/n:s n x00 5 ss ss so- SPAULDING LANE zSTRAUB LANE _� r °—°' --- -- —_— _ ss ez ...Pus J_ L sye I ,° OF o _ - m _— — _ — —,— -- LOT•G• 30s 3 28 _ °es 26s '2� ss m ve.°s,sF v - w a x 3 51 o e ^(PROIre IrDFI, s. r s 9s u.5 fD 59"o fib 57 r- y 44a = ' a6 56 _ ,55 "- 62 v LOT•O•' ° _ 4z0 ,Door s.° - P.o '- e.z e.v°4Fe" eav IFe= ro 43 42 41 a ss wPw'IFIG m a e. 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JAWARY - 2005 MipP M9.9N290.1 LOT-V" `VA ®BVg'P'MAMU LIME � T4E C4AV No.222003 \ SEE DETAIL'A'EELOWI 5F�� „� . ,o x5ssorze. - IRl g 'aus.sa m 9 95 "� s ss'/ s Pus P ,zy n I5d) F __ 1 ssvxv w ssi_ _ CLUBHOUSE VIEW_DRr �i3a') �, LOT'N•a Iz>e°a') \ oOT'M• ('-aa<,� pJ \ Ea m � z , "TD.P9d®M®.HB'P3H•9 OA.®.—1—'__=' , � z� err «G I _s'o=� oQ 1 x>vla'sr cs ` Soo nc ° msrzs'z_> w zzeaev„<o< �� ,s..>sz„zew °•,'ln<, , '\4` \rs°`'sue �o6�le n � ^F.�35 i73 r rus rsn.,z -�)T "s PUE Prx' s c E Pu 94 O' 'U� n .UE 69 1^.'a csv sv. � "i O 52 �u 01 Ma70 `rzs' zs�o sz } ePxE s.7 s sz°x sF :� w > s SI _ .n zv° ry �6 ax ss'za'zs'w o v'<7 s e5c I W ] N Sv'v'wae'„ < '. image_ h, ;8 ro 93 76 77 rLa " z�r 78 _ 7.03w' - — css6 sr-- ----- ` E Sz N" ` �xsori9 pZOi G]P'�w-- 1-ae lRl ,Sz,Oe' zze e va oa ' 192� ep'_. /sco'y_ LOT L' �y$<°e\ Iaan,,,s smc) BERNARDI LANE ss ez'_ __ __sr_ ssar ss sr__us6_-f s.a n/ �• '\ s a e<v ws LOT 5P' /.4 O�¢°e`7', IF I ss W ss w IDPsuSs °^\ �\�`y~ry /Z� 64 F3 _C 92 �. ° n� r� 84 83 ma 82 PACEr \y p, / a s� e 91 - 90 is89 a s8g 87 86 05 _ ,.sEma 6. F.S; voaBDlsF 7,210 - 7nu9 '>.6a mNx a 7uass�_ zm]ss yL' 6 - sF� ry°., — 6 w;`yn ,a .Uc G<0� :" "nrs65 �•. 59s �. rYG. s D 5an< sz z< a9 s w ,6 sc a. � sea.<w szn9i6p sc° ^ - � � ss'�x as m9 w v,.c, nD '°tea ,,°�• 58 °..� r• LOT'fA'3' 57 \ \\ LOT°�®' TO.HAT G90. 56 Tn.Hap No.95z99=9 E.S. / �. M).a---/ -<�pW'S e®II . I NE CV L➢iE DATA LINE DATA CURVE DATA ;m?\ wEsr DUM1RIFR� b a/w scnory uxa �� Rrw Nxre Pvnlus -� u a" xa ><ss' 3, °a ae ae cx„ Rrw url(� N - D li o cn O o'v si- ri iiea �meF.' . Z x Dvv sr w - LL — F�- DETA • T.as] —yPnp O - i `x (¢f P, 'Rive x r D; ® afu nLllN,auze w sa6s, e,=N aF was O x avvsz L o <s i .<io SEE SHEET 2 FOR ENGINEER'S NOTES, ,°a ,m =_°° PUE CUTBACK - _ EASEMENT NOTES AND VICINITY MAP " ' DETAIL °°d SEE SHEET S FOR MONUMENT NOTES �� (D AND BOUNDARY DIMENSIONS scgtE ,"=ao' Q. J.N. 1609 TENTATIVE TRACT MAP 32233 .--_._-__THE PALM SPRINGS CLASSIC, ESCENA 1000 GENE AUTRY TRAIL NORTH APN 677-220-007 ET. SEC., SECTION 7, 18. FINAL CONDITIONS 6F APPROVAL APPROVED: NOVEMBER 17, 2004 EXPIRES: NOVEMBER 16, 2006 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: Project Specific Conditions: 1. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of$1,314.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 2. The final-development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance, Final. development plans shall include site plans, building elevations, floor plans, roof plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 3. The city reserves the right to review, or conditionally approve final PDD and Tentative Tract Maps. Additional conditions will be based upon the submittal and based upon the approved Planned Development application, design review and City codes and ordinances. 4. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Page 1 t I I r I Tentative Tract Map 32233 November 17, 2004 I Conditions of Approval I Page 2 i I 5. Prior to issuance of a grading permits, Fringe Toed Lizard Mitigation fees shall be paid. I 6. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of all lots and all parcels for all land uses. 7. The applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's")to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to submittal of a final map and approval prior to building 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. ' 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,500.00, for the review of the CC&R's by the City Attorney. 9. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadways, airport noise and adjoining M-1-P zoned developed and vacant properties. Said disclosure shall inform perspective buyers about traffic, airport noise, future industrial development and other activities which may occur in this area. This is an addition to the standard avigation and easement and nonsuit covenant. 10. 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 and Zoning prior to the issuance of building permits for each phase or development area. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. A photometric study shall be required for all parking areas, driveways and entries. 11. 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 1/2% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and 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. 12. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building w,� z<�v I ill P Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 3 permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. 13. The project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library and cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under authority of Ord, C. Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right of protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel. 14. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 15. A Native American Monitor shall be present during all ground-disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. 16. One copy of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department. 17. The developer shall construct off-site sidewalk improvements on the south side of Vista Chino between Via Roberto Miguel and Gene Autry Trail. The sidewalk shall be constructed at a time when the Planning Commission determines it is appropriate, based upon residential demand. Factors to be considered are to include number of dwelling units proposed for development and proximity of said units to the intersection of Vista Chino and Gene Autry Trail. 18. Construct Bus Shelters consistent with the Sunline Transit Agency that are custom designed in keeping with the character of the project. The custom bus shelters shall not have any advertising and shall be maintained by the project unless a separate maintenance agreement with the developer and Sunline Transit Agency is entered into for Sunline Transit Agency to provide maintenance. i Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 4 19. Construct equestrian trail and bikeway along the Whitewater Wash as identified in the General Plan. The final alignment shall be coordinated with CVWD, RCFCWCD, and the City as part of the Final Planned Development District. 20. As a part of the Final Development District, a Wildlife Management Plan will be submitted for approval to the Airport Authority and the Director of Planning and Zoning. 21. Applicant shall provide a revised project description and design standards within thirty (30) days of City Council approval 22. All existing and proposed overhead utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility companies that the required deposit to underground the facilities has been paid prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of certificate of occupancy. 23. 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. 24. The Mitigation Monitoring Program from Case No 5.0666-B, The Palm Springs Classic, shall be incorporated into these Conditions of Approval by Reference. General Conditions: 25. 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, except as specifically modified in this approval. 26. 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 5.0666 - B- PD-231. 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, r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 5 thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 27. 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. 28. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 29. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 30. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 31. 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. POLICE DEPARTMENT: 32. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 33. The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 34. Prior to any construction on-site, all appropriate permits must be secured. CY-_ Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 6 FIRE: 35. Fire Department Access: A secondary Fire Department access road shall be provided and maintained in the Southern portion of TTM 32558 on the Cathedral City side. 36. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The City of Palm Springs approved turn around provision is a cul-de-sac with an outside turning radius of 43 feet from centerline. (902.2.2.4 CFC). On the existing plan these need to be addressed at Lot 6 on TTM 32557, on Street K, which is shown on Sheet 1 of TTM 32233. Also on Streets W and Y which are shown on Sheet 2 of the same TTM. On Sheet 3, Street HH is also excessive in length. 37. Turning Radius: Inside turning radii for roundabouts needs to be a minimum of 30 feet. Any medians or islands need to be size accordingly. The turning radius for Lot 414 on Sheet 3 appears to be undersized. Please show dimensions upon re-submittal. 38. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of,the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9-2.1 NFPA 24) 39. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 40. Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 41. Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 42. Relocate the well site away from the Vista Chino entry. ENGINEERING: STREETS Or, Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 7 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Developer shall obtain State permits and approval of plans for all work done on State Highway 111 (Gene Autry Trail). A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. 3. 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. STATE HIGHWAY 111 (GENE AUTRY TRAIL) 4. Dedicate additional right-of-way to provide the ultimate half street width of 55 feet along the entire frontage, together with a property line - corner cut-back at the southeast corner of Gene Autry Trail and Vista Chino in accordance with City of Palm Springs Standard Drawing No. 105, unless otherwise already dedicated by Parcel Map 30928. 5. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turn-out, unless otherwise already dedicated by Parcel Map 30928. 6. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way, unless otherwise already dedicated by Parcel Map 30928. 7. Abutters rights of access to Gene Autry Trail shall be dedicated to the City of Palm Springs except at specifically approved locations. 8. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the northeast corner of Gene Autry Trail and Classic Drive in a location to be agreed upon by the City and Sunline Transit Agency. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories, as required by Sunline Transit Agency, shall be provided by the developer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 9. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 8 10. Modify the existing left-turn lane to provide a 150 feet long southbound left-turn storage lane at Gene Autry Trail and Chia Road, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 11. Modify the existing left-turn lane to provide a 400 feet long southbound left-turn storage lane at Gene Autry Trail and Tachevah Drive, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 12. Coordinate the location of the intersection of Gene Autry Trail and Classic Drive with the City Engineer and the Executive Director of the Airport. Upon approval of the intersection location, relocate the existing northbound left-turn lane location as required to access the airport commercial properties, and provide a 375 feet long southbound left-turn storage lane at Gene Autry Trail and Classic Drive, or as may be modified by the Traffic Report and approved by the City Engineer. Existing intersection improvements, median improvements, including landscaping, lighting and irrigation, shall be removed, reconstructed or modified to the satisfaction of the City Engineer. Modification and reconstruction of the existing parking lot and driveways at the airport necessary to facilitate the relocated intersection shall be completed to the satisfaction of the City Engineer and the Executive Director of the Airport. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. VISTA CHINO 13. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way, unless otherwise already dedicated by Parcel Map 30928. 14. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turn-out, unless otherwise already dedicated by Parcel Map 30928. 15. Abutters rights of access to Vista Chino shall be dedicated to the City of Palm Springs except at specifically approved locations. 16. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the southeast corner of Vista Chino and Gene Autry Trail in a location to be agreed upon by the City and Sunline Transit Agency. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus C_ Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 9 stop furniture and other accessories shall be furnished, as required by Sunline Transit Agency. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 17. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 18. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer from Gene Autry Trail to the easterly property line (approximate with the existing Whitewater Channel levee). Provide a 225 feet long westbound left-turn storage lane at Vista Chino and Gene Autry Trail. Easterly of the Whitewater Channel levee, provide a striped median with a minimum 150 feet long westbound left-turn lane at Vista Chino and North Drive. Left-turn pocket storage lengths and transitions shall be designed in accordance with the current Caltrans Highway Design Manual. Additional paving and street widening along the north side of Vista Chino shall be provided as necessary to construct the required median improvements. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. SAN JOAQUIN DRIVE 19. Dedicate additional right-of-way at the northerly end of San Joaquin Drive to provide an off-set cul-de-sac or turn-around, or as otherwise approved by the Fire Marshall and City Engineer. The cul-de-sac shall have a minimum curb radius of 58 feet, as required by the City of Cathedral City, or as otherwise approved by the Fire Marshall and City Engineer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 20. Construct a 6 inch curb and gutter, 18 feet west of centerline along the entire frontage and throughout the off-set cul-de-sac or turn-around, as approved by the Fire Marshall and City Engineer, in accordance with City of Palm Springs Standard Drawing No. 200. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 21. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 within the cul-de-sac at the northerly end of San Joaquin Drive for service and emergency vehicle access into the development as required by the City Engineer and/or Fire Marshall. 22. Construct a 6 inch thick concrete driveway from the driveway approach within the cul-de-sac at the northerly end of San Joaquin Drive across Lot 552 as necessary to provide access from San Joaquin Drive to the on-site street system as required by the City Engineer and/or Fire Marshall. i �i Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 10 An alternative to concrete pavement may be approved, subject to review and approval by the Fire Marshall. 23, Construct a minimum pavement section of 2% inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from clean sawcut edge of pavement to edge of proposed gutter 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. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. ON-SITE STREETS 24. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposes, and for service and emergency vehicles and personnel ingress and egress, over the private streets. 25. Dedicate an easement, 20 feet wide, for service and emergency vehicles and personnel ingress and egress, over Lot 552 as necessary to provide access from San Joaquin Drive to the on-site street system. 26. Construct a wedge curb, acceptable to the City Engineer, 18 feet on both sides of centerline along the entire frontages, and throughout the cul-de-sacs. 27. Construct a wedge curb, acceptable to the City Engineer, 14 feet on both sides of centerline along the entire frontages of those on-site streets identified as Streets "00" (adjacent to Lots 292-294 [north end] and adjacent to Lots 305 and 306 [south end]), "PP" (adjacent to Lots 224 and 225 [north end] and adjacent to Lots 252 and 253 [south end]), "SS' (adjacent to Lots 211 and 212 [west end], and "W". Parking shall be restricted along one sides of these streets, as necessary to maintain a 20 feet wide clear access way. Regulatory Type R26 "No Parking" signs or red curb shall be installed on one side of these streets to prohibit on-street parking. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Codes, Covenants and Restrictions required for the development. 28. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101. A minimum 43 feet inside radius shall be required for all on-site cul-de-sacs. 29. All on-site "knuckles" shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 30. On-site streets without a cul-de-sac or other approved turn-around shall not extend a distance of 150 feet or more from the intersecting street. On-site streets with a length exceeding 150 feet shall provide a hammerhead turn-around or other access as approved by the Fire Marshall. l r/ryj:'ii I 1 Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 11 31. Construct a minimum pavement section of 2Y2 inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. 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. SANITARY SEWER 32. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 33. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 34. Construct an 8 inch sewer main within Mission Drive and San Joaquin Drive as necessary to extend public sewer service to the development. 35. Construct an 8 inch sewer main within all on-site streets and connect to the existing public sewer system in Gene Autry Trail and/or San Joaquin Drive. All sewer mains constructed by the developer and to become part of the public sewer system shall be televised prior to acceptance of the sewer system for maintenance by the City. 36. Payment of applicable sewer assessment or sewer surcharge fees (if any) shall be paid prior to issuance of building permits. GRADING 37. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 12 information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of a final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. DRAINAGE 38. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed through the property, consistent with an approved hydrology/hydraulic study. 39. Drainage easements shall be reserved on the Final Map where and as required to convey off- site stormwater runoff across the property, in accordance with an approved hydrology/hydraulic study. On-site drainage easements shall be privately maintained by a Homeowners Association, 40. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs Area. Validated costs incurred for the design and construction of storm drainage improvements adjacent to or within the project as shown in the Master Drainage Plan may be credited toward the drainage fee otherwise due. Coordination with Riverside County Flood Control & Water Conservation District (RCFC) shall be required to determine acceptable methods of providing storm drainage improvements consistent with the Master Drainage Plan. Credit for or deletion of required drainage implementation fees will require review and approval by RCFC of proposed storm drainage systems, detention and retention basins, and storm drain outlet systems into the Whitewater Channel. If required as a condition of credit for or deletion of storm drainage implementation fees, a cooperative agreement between the property owner(s), the City of Palm Springs and RCFC shall be made whereby storm drainage easements for Master Drainage Plan facilities are provided to RCFC within the project, and storm drainage improvements are designed and constructed to the satisfaction of the City Engineer and RCFC. MAP 41. A Final 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 Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 42. In accordance with Section 66434 (g) of the Government Code, the westerly 15 feet of public 0''_cw u� Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 13 right-of-way for San Joaquin Drive may be abandoned upon the filing of a Final Map identifying the abandonment of the right-of-way granted to the City of Palm Springs. Prior to approval of a Final Map, the developer shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the portion of the public right-of-way to be abandoned. Prior to approval of a Final Map, the developer shall provide to the City Engineer a letter of approval regarding the proposed abandonment of the westerly 15 feet of San Joaquin Drive right-of-way from each public utility agency. 43. In accordance with Government Code Section 66493 (f), an application for reapportionment of the existing assessments related to Assessment District 155 levied against the properties shall be performed at the expense of the property owner, or the existing assessments shall be paid in full, prior to City Council approval of the Final Map. TRAFFIC 44. The total number of 1,450 single family and multi-family units, and 450 room resort hotel allowed within the development, as originally approved by Planned Development Unit (PD) 231, shall be decreased by the total number of additional residential units approved by the City of Cathedral City associated with Tentative Tract Maps 32557 and 32558 such that the overall total number of units, and the traffic generated therefrom, does not increase from the original total of units analyzed for the purposes of approval of PD 231. 45. The developer shall coordinate and prepare a traffic signal installation phasing plan. In accordance with developer proposed on-site phasing of residential construction, the installation of required traffic signals shall be phased as traffic signal warrants are met. Irregardless of a traffic signal installation phasing plan, any traffic signal shall be installed at any time and upon notice by the City Engineer that traffic conditions warrant installation, or the City's own analysis indicates warrants exist for its installation. The design of all required traffic signals shall be completed prior to approval of a final map. The developer is responsible for the installation of a traffic signal, subject to the approval of Caltrans and/or the City Engineer, as required, at the following locations: A. Gene Autry Trail and Chia Road B. Gene Autry Trail and Classic Drive C. Vista Chino and North Drive 46. In coordination with the design and installation of traffic signals along Gene Autry Trail, a traffic signal interconnect system, subject to the approval of Caltrans and/or the City Engineer, shall be provided on Gene Autry Trail from Vista Chino to Ramon Road. In conjunction with the design of required traffic signals, a traffic signal interconnect system shall be designed from Vista Chino to Ramon Road, as directed by the City Engineer and approved by Caltrans. Reimbursement for 65.86% of the cost of the design and installation of the traffic signal interconnect system may be made through a reimbursement agreement between the City, Caltrans (if required) and the applicant. C^ l Y9 I � Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 14 47. Based on the Traffic Impact Study prepared by Endo Engineering, dated March 2003, the following mitigation measures shall be addressed prior to issuance of a building permit on any of the proposed parcels: A. Pay the proportionate fair share contribution of $22,425 (14.95%) of a traffic signal at Gene Autry Trail and Via Escuela. B. Pay the proportionate fair share contribution of $18,140 (18.14%) of the cost to construct a northbound right-turn lane on Farrell Drive at Vista Chino. C. Pay the proportionate fair share contribution of 18.14% of the cost to construct a southbound left-turn lane on Farrell Drive at Vista Chino. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. D. Pay the proportionate fair share contribution of 4.9% of the cost to construct a southbound left-turn lane on Farrell Drive at Ramon Road. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. E. Pay the proportionate fair share contribution of 6.61% of the cost to construct a southbound through lane on Cathedral Canyon Drive at Ramon Road. The fair share contribution shall be held in trust for the City of Cathedral City until such time as the intersection improvements are constructed. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. 48. Submit traffic striping plans for improvements to Vista Chino prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer. 49. 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. 50. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permits. ram. i RESOLUTION NO. 21254 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP i 32233-3 FOR PROPERTY LOCATED ALONG THE EAST SIDE OF GENE AUTRY TRAIL, SOUTH OF VISTA CHINO, IN SECTIONS 7 AND 18, TOWNSHIP 4 SOUTH, RANGE 5 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY A05088 WHEREAS, the Planning Commission, at its meeting of October 13, 2004, recommended approval of Tentative Tract Map 32233, prepared by MSA Consulting, Inc., representing Palm Springs Classic, LLC, a Delaware Limited Liability Company, for the above described property; and WHEREAS, the City Council at its meeting of November 17, 2004, approved Tentative Tract Map 32233 subject to conditions; and WHEREAS, the owner offers for dedication to the City of Palm Springs easements for public utility and sewer purposes shown as "3' PUE" and "10' PUE", along and adjacent to all private streets; easements for public utility and sewer purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over Lots "A" through "O", inclusive; and easements for public utility and sewer purposes over Lots "P" through "R". NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: 1. That Final Map 32233-3 is in substantial conformance with approved Tentative Tract Map 32233; and 2. That requisite conditions associated with Tentative Tract Map 32233 have been satisfied; and 3. That Final Map 32233-3 is in conformance with the General Plan; and 4. That Final Map 32233-3 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the offers of dedication to the public on Final Map 32233-3 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 32233-3 is hereby approved for purposes therein defined. Resolution No. 21254 Page 2 ADOPTED THIS 4th day of May, 2005. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21254 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 4, 2005, by the following vote: AYES: Members Foat, Mills, McCulloch, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTAIN: None James Thompson, City Clerk City of Palm Springs, California