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11/17/2004 - STAFF REPORTS (13)
SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM CANYON TOWNHOMES, LLC A CALIFORNIA LIMITED LIABILITY COMPANY DATE: November 17, 2004 TO: City Council FROM: Director of Public Works/City Engineer FINAL MAP NO. 31354 RECOMMENDATION: It is recommended that the City Council approve Final Map No. 31354, prepared by McGee Surveying, Inc., representing Palm Canyon Townhomes, a California limited liability company, to subdivide property located at 2765 and 2801 South Palm Canyon Drive, in Section 35, Township 4 South, Range 4 East. SUMMARY: McGee Surveying, Inc., representing Palm Canyon Townhomes, a California limited liability company, has prepared a one lot Tract Map for condominium purposes for subdivision of property located at 2765 and 2801 South Palm Canyon Drive, in Section 35, Township 4 South, Range 4 East. This is a condominium development consisting of sixteen condominium units. BACKGROUND: McGee Surveying, Inc., representing Palm Canyon Townhomes, a California limited liability company, requests that the property located at 2765 and 2801 South Palm Canyon Drive, in Section 23, Township 4 South, Range 4 East, be subdivided into one lot for condominium purposes for construction of a sixteen unit condominium development. At its meeting of August 13, 2003, the Planning Commission recommended approval of Tentative Tract Map No. 31354, which was subsequently approved by the City Council, subject to conditions, on October 15, 2003. It has been determined that required conditions have been satisfied, that Final Map No. 31354 is in substantial conformance with the approved Tentative Tract Map, and that Final Map No. 31354 is ready for City Council approval. SUBMITTEs DAVID J. BARAKIAN Director of Public Works/City Engineer APPROVED: DAVID H. READY City Manager t1✓�� ATTACHMENTS: 1. Resolution, 2. Map, 3. Subdivision Agreement TABLE OF CONTENTS 1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.7 Defective Work 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.10 Documents Available at the Site 3 1.11 Inspection . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.1 Commencement and Completion Dates 4 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.1 Required Security . . . . . . . . . . . 6 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.4 Letters of Credit . . . . . . . . . . . . . . . . 4.5 Release of Security Instruments 8 5. Cost of Construction and Provision of Inspection Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5.1 Subdivider Responsible for All Related Costs of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .}}. . . . 8 5.2 Payment to City for Cost of Related Inspection and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6. Acceptance of Offers of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.1 Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . . . . 10 11. Corporate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 e SUBDIVISION IMPROVEMENT AGREEMENT THIS SU�IVISION IMP OVE ENT AGREEMENT (this "Agreement") is entered into this 2f'- day of �C �'ei� 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and PALM CANYON TOWNHOMES, LLC, a California Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the ownerof, and has obtained approval of a subdivision map for Tract Map No. 31354, located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on Exhibit "A". The map contains conditions of approval for the development of the Property(the "Conditions") as described on Exhibit"B". B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs for Lot "A" for public use for street and public utility purposes; and City desires to accept said public dedications and certain other improvements as described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its public dedications and other improvements, as described in this Agreement, are a material consideration to City in approving the parcel map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $200,000.00. 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 terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 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. 2 �, � 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at anytime before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed 3 subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection oracceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears 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 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. Q 4 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractorand subcontractorto submitto City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. 5 (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 $200,000.00 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 $100 000.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of$2,000.00 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 Warrant. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of$30,000.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty(30)days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. 6 (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes maybe made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to 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 afterwritten demand therefor, deliverto City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty(30)days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. ��� 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii)Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (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 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final s acceptance. If any of the Works of Improvement should fail or prove defective within said one(1)year period due to any reason otherthan improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both,the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary 9 �1 damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authori�. 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) 10 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Patricia A. Sanders, City Clerk David H. Ready, City Manager RECOMMENDED BY: City Engineer SUBDIVIDER: PALM CANYON TOWNHOMES, LLC, a California Limited Liability Company (Check One: _individual, _partnership, _corporation) `� l_L G �y ; 5LJ hor, vp� mev%:F� a CA- caor(Dor,4,-e-k1 maina9103 Mew, er By: ignature By: David A. Hilliard President Name and Title Mailing Address: 11828 La Grange Avenue Suite 200 Los Angeles, CA 90025-5200 11 ALL-PURPOSE ACKNOWLEDGMENT State of _ n CAPACITY CLAIMED BY SIGNER County of ❑ INDIVIDUAL(S) / ❑ CORPORATE On D before me, OFFICER(S) Date 7� IName, Tjf)e of Officer TITLE(S) personally appeared /Y 1(�(�(r,t/ ,(y J,CIF/ ❑ PARTNER(S) NAME OF SIGNER ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) a ❑ SUBSCRIBING WITNESS El9UARDIAN/CONSERVATOR Cd proved to in, on the basis of satisfactory evidence to be the persons(wf whose namc�4 V OTHER L—L G isfatesubscribed to the within instrument and acknowledged to me that he44&4hey executed p g^ the same m hisgwr/thei£authorized capacity ' s), and that by his/her/their signature,(g'f on J ,f the instrument the person(taf or the entity upon behalf of which the persons�4 acted,executed the instrument. ,— — — SIGNER IS REPRESENTING: � ALExANDRA w. 4x l n r 62( Witness my hand and offcial seal. 2 Notary PuM-Catorda rr l Yl Los ArogWN County Signature of Notary MyCpMn'Fq>Yii�n28'�OONi lit I L LJ 1 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. 1 THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer Other Than Named Above �\ l EXHIBIT "A" TRACT MAP 31354 LEGAL DESCRIPTION Tract Map No. 31354, as recorded in Map Book_, Pages through inclusive, records of Riverside County, California. EXHIBIT "B" TENTATIVE TRACT MAP 31354 CONDITIONS OF APPROVAL RESOLUTION NO. 21142 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP NO. 31354 FOR PROPERTY LOCATED AT 2765 AND 2801 SOUTH PALM CANYON DRIVE, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST WHEREAS, the Planning Commission, at its meeting of August 13, 2003, recommended approval of Tentative Tract Map No. 31354 prepared by McGee Surveying, Inc., representing Palm Canyon Townhomes, a California limited liability company, for the above described property; and WHEREAS, the City Council at its meeting of October 15, 2003, approved Tentative Tract Map No. 31354 subject to conditions; and WHEREAS, the owner offers for dedication to the City of Palm Springs for public use for street and public utility purposes Lot "A". NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: 1. That Final Map No. 31354 is in substantial conformance with approved Tentative Tract Map No. 31354; and 2. That requisite conditions associated with Tentative Tract Map No. 31354 have been satisfied; and 3. That Final Map No. 31354 is in conformance with the General Plan; and 4. That Final Map No. 31354 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the offer of dedication to the public on Final Map No. 31354 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 No. 31354 is hereby approved for purposes therein defined. ADOPTED this 17"' day of November, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM: City Attorney Resolution No. 21142 Page 2 Tentative Tract Map 31354 2765 and 2801 South Palm Canyon Drive October 15, 2003 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed i, satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or tht, designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations except as specifically modified herein. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning TTM 31354 and Case 3.2348. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3• That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. Resolution 21142 r Page 3 ) 4. Architectural approval shall be valid for a period of two(2)years. Extensions of time may be granted by the Planning Commission upon determination of good cause. 5. The appeal period for an Architectural Approval and Tentative Map application is 15 calendar days from the date of project approval. Permits will not issued until the period has concluded. 6. 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. CC&Rs 7. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions("CC&R's")to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. 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$2500, for the review of the CC&R's by the City Attorney.A$250 filing fee shall also be paid to the City Planning Department for administrative review purposes. Environmental Assessment 9. The mitigation measures of the environmental assessment and mitigation monitoring program as approved as conditions of approval, dated July 24, 2003, shall apply. Mitigation measures are as follows: a. Prior to beginning construction activities, the project proponent of the building contract will develop and submit a dust control plan to the City's Building Department, in accordance with the 2002 Coachella Valley PM10 State Implementation Plan. b. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plans shall be installed as soon as possible to maintain the ground cover and minimize blowsand. C. The contractor will ensure that all construction equipment is properly serviced and maintained. All construction equipment shall be maintained in good operating condition to reduce operational emissions. d. During construction, the site shall be watered and the equipment cleaned in the morning,and evening. e. During construction, all trucks leaving the site shall be washed off to reduce fugitive dust from being tracked onto local roadways. This measure requires the removal of particulate matter from equipment prior to movement on paved streets to control particulate emissions. As part of the conditions of grading permit approval, the construction crew shall wheel wash construction equipment and cover dirt in trucks Resolution No. 21142 P Page 4 during onsite hauling. Haul trucks leaving the site also are required to have a minimum freeboard distance of 12 inches, or to cover payloads. f. The building contractor will ensure that low VOC paints are used for all architectural coatings. g. 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. h. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. 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. i. 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. j. During construction phases, the contractor shall ensure that all construction is performed in accordance with the applicable City of Palm Springs noise standards. This measure shall be added to the construction contract. k. All internal combustion powered equipment shall be equipped with properly operating mufflers and kept properly tuned to alleviate backfires. This measure shall be added to the construction contract. I. During construction activities,the contractor shall locate portable equipment as far as possible from the adjacent residences. This measure shall be added to the construction contract. M. To the extent feasible, the contractor shall store and maintain equipment as far as possible from the adjacent residences. This measure shall be added to the construction contract. n. The placement of all mechanical equipment associated with the proposed project such as HVAC systems shall be located and constructed to ensure compliance with Chapter 11.74(Noise Ordinance) of the Palm Springs Municipal Code. Cultural Resources 5. 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. 6. Given that portions of the project area are within an alluvial formation,the possibility of buried resources is increased. 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 forsubmission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. -Resolution No. 21142 f Page 5 } �) 7. 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. Final Design 8. An Administrative Minor Modification application shall be submitted for the reduction in front and rear setbacks and for the modification to building height, prior to issuance of building permits. 9. The garage doors shall be painted such that they do not stand out or other alternative materials to be approved by the Design Review Committee. 10. The applicant shall review the location of traffic signals, if warranted, at the intersection of South Palm Canyon and Murray Canyon Drive and shall incorporate landscaping that will reduce the glare from the signals to adjacent residential development to the west. 11. Exposed cut slopes shall be prohibited unless they are screened by structures or restored. All hillside areas disturbed during grading and construction activities shall be restored. 12. Hillside areas that are not proposed for development shall be fenced off prior to any grading activity. 13. Prior to any grading activity, a fence shall also be erected around the north and west property lines in order to prevent the use of off-site areas for staging activities. A post and cable fence is acceptable. 14. That the developer shall pay a fire station construction fee in the amount established by the City Council (if adopted) at the time of building permits. 15. Final building colours shall be submitted for review and approval prior to the issuance of building permits. GENERAL CONDITIONS/CODE REQUIREMENTS 1. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 2. 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. 3. 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. Resolution No. 21142 �l Page 6 4• Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 5. All materials on the flat portions of the roof shall be earth tone in color. 6. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 7. No exterior downspouts shall be permitted on any facade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas. S. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 9. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 10. The street address numbering/lettering shall not exceed eight inches in height. It. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 12. 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. 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. 13. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 14. 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 1/4%for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. Resolution No. 21142 ,I Page 7 15. Details of pool fencing(material and color)and equipment area shall be submitted with final landscape plan. 16. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 17. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 18. Parking stalls shall be delineated with a 4 to 6 inch double stripe- hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 19. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11)feet wide. 20. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 21, Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight(8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 22. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 23. Curbs shall be installed at a minimum of five(5)feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2)feet from the face of walls, fences or buildings adjoining driveways. 24. Trash cans shall be screened from view and kept within fifty(50)feet of the street. Contact Palm Springs Disposal Service (760-327-1351) to verify individual can collection will be provided. If individual can collection is not permitted, trash enclosures shall be provided. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. Resolution No. 21142` ) —, I Page 8 j FIRE DEPARTMENT 1. Building or Complex Gate Locking Devices: Locked gate(s)shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 2. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 3. 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) 4. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002A CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 5. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 6. Trash Container Protection: Trash container space is within 5 feet of the building wall, Provide information on the type and size of trash container to be stored there. If it is a dumpsterwith a capacity of 1.5 cubic yards or greater,then the enclosure must be protected by an approved automatic fire sprinkler. (1103.2.2 CFC) ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a Registered Civil Engineerto the Engineering Division.The plan(s)shall be approved by the City Engineer prior to issuance of any building permits. SOUTH PALM CANYON DRIVE 3. Construct a 6 inch curb and gutter, 32 feet west of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. Transition of new curb and gutter to the existing improvements on South Palm Canyon Drive off-site (South and north of the project site) shall be made to the satisfaction of the City Engineer. Resolution No. 21142 p Page 9 j 4. Construct a minimum 24 feet wide driveway approach for the southerly access to the project site in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the proposed driveway approach shall be located approximately 205 feet north of the south property line, in accordance with the approved site plan. 5. Construct a minimum 32 feet wide driveway approach for the northerly(main) access to the project site in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the proposed driveway approach shall be located approximately 365 feet north of the south property line, in accordance with the approved site plan. 6. Construct an 8 feet wide sidewalk adjacent to curb along the entire South Palm Canyon Drive frontage in accordance with City fo Palm Springs Standard Drawing No. 210. 7. Construct a Type C curb ramp meeting current California State Accessibility standards at each side of the north driveway approach in accordance with City of Palm Springs Standard Drawing No. 214. 8. Construct a Type B (mid-block) curb ramp meeting current California State Accessibility standards opposite the northeast corner of the intersection of South Palm Canyon Drive and Murray Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 213. 9. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire South Palm Canyon Drive frontage, in accordance with City of Palm Springs Standard Drawing No. 110 and 330. 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. 10. Construct a parkway drain in accordance with City of Palm Springs Standard Drawing No. 705 at a location as approved on the associated storm drain improvement plans. 11. Additional improvements on South Palm Canyon Drive downstream of the project site as necessary to adequately convey concentrated stormwater runoff flows outletted through the proposed on-site storm drain system shall be made as required by a Hydrology Study and Hydraulic Analysis of South Palm Canyon Drive prepared for this project. Measures to prevent erosion and degradation of off-site street improvements due to concentrated stormwater runoff shall be made to the satisfaction of the City Engineer. PRIVATE STREET 12. The on-site private street shall consist of a 24 feet wide two-way street as shown on the approved site plan. All on-site private streets shall be constructed with 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. Provisions for drainage of private streets, including curbs and gutters, shall be provided to the satisfaction of the City Engineer. If an alternative pavement section is proposed,the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R"values from the project site and submitted to the City Engineer for approval. Resolution No. 21142 i - ,/ Page 10 13. Parking shall be prohibited along the private street except for designated parking areas. SANITARY SEWER 14. All sanitary facilities shall be connected to the public sewer system if not already connected. Laterals shall not be connected at manholes. 15. Construct an on-site (private) sewer system to collect and convey sewage through a maximum of one lateral to the sewer main located in South Palm Canyon Drive. 16. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions(CC&R's)required for this project. GRADING 17. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval.The Precise Grading plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Division.A PM 10(dust control)Plan shall be submitted to and approved by the Building-Department prior to approval of the Precise Grading plan. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check B. Copy of signed Conditions of Approval from Planning Department C. Copy of Site Plan stamped approved and signed by the Planning Department D. Copy of current Title Report E. Copy of Soils Report F. Copy of Hydrology Study/Report 18. Drainage swales shall be provided adjacent to all curbs and sidewalks, 3'wide and 6" deep, to keep nuisance water from entering the public streets, roadways, or gutters. 19. A National Pollutant Discharge Elimination System(NPDES)stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of the Precise Grading Plan. Resoluton No. 21142' `� Page 11 ) 20. In accordance with City of Palm Springs Municipal Code, Section 8,50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 21. A soils report prepared by a California registered Geotechnical Engineershall be required for sand incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Precise Grading Plan. 22. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 23. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the foml of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) or a verbal release from that office prior to the issuance of the City grading permit.The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive,Palm Desert(Phone:760-776- 8208). DRAINAGE 24. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system(if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage systems are unavailable or cannot contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage systems (if any exist), and to determine required stormwater runoff mitigation measures for the proposed development. Final detention/retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. 25. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is$7,271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 26. Off-site stormwater runoff collected and conveyed through an on-site storm drain system shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the storm drain system acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this project. 27. Construction of a stormwater inlet structure on adjacent off-site property shall require written authorization of the record property owner prior to approval of storm drain improvement plans. Absent written approval of the adjacent property owner, all storm drainage improvements shall be constructed on-site. Resolution No. 211'421 p Page 12 28. Submit storm drain 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 building permits. GENERAL 29. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 30. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors,and all gas,telephone,television cable service,and similar service wires or lines, which are on-site,abutting,and/ortransecting,shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities located along the west side of the subject property meet the requirement to be installed underground. The developer shall underground the existing overhead lines across the property and the existing overhead lines across South Palm Canyon Drive by setting a new power pole at the southeast comer of South Palm Canyon Drive and Murray Canyon Drive. Specific requirements for utility undergrounding shall be in accordance with Souther California Edison regulations. 31. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 32. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built' information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 33. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 34. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 35. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division. 36. A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. The map shall be approved by the City Council prior to issuance of building permits. Resolution No. 21142j Page 13 TRAFFIC 37. A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. Required clearance shall be provided through dedication of additional right-of-way and widening of the sidewalk or by relocation of encroachments along the public street frontages. 38. 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. 39. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. 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AW CAM UM fa w xo GIG sm.l ]s➢JII: k PETAL-A StaW AMA 4 \ ¢ �TR1t ltt ff wux¢lu As+4/sG MO Kb \ A.. _0.AYS A/O apYE YGC MIMopv Mir (lprie'AYM JIII/]� _ ANYON D19NE J..r a nY wrT IRE r�1fv� DETAIL B' TR I(A w/E-S 1� K1S DmE AFMAJ' IZrTlT.MTIOI xAf1-LJ /6 AOIIM. 1R/3hKxK.MIr War III LYAI L�zA. .IMOt III AIBIaY 3£0E/AL Y.Y'A)YN HAEtK Q.arC �TtfFJY trEP1sYY AV THE aTY OF RAlA STRWGS LOGNIY O<PotER3DE SOIF GURDWWA 5l:FET i CF 19FETs OWNERS STATEMENT RECORDER'S STATEMENT NW HEREBY STATE VAT ME ARE THE E ARE E THE LOUD TDL*00 MSHIN THE TRACT MAP NO. 31354 RED OURS-DAY OF 200M, SUeaNSON SHOWN FDEaI; THAT ME ARE THE ONLY PERSWS NSEHT TO THET IS NECESSARY TO PASS A CI.E/N SITE CI SND LW q THAT ME CDNBFNNT TO 1HE YNOXG AND REa E. OF iMS SUBgNSOH MAP AS SHONII MITIIN THE gSRN- d11IA D MEN. 1/Y Of A E SW 1(C£TW S 1/E 6 THIS He:f/I.4T£R, T/W a']M M. 1/A AT M BCOK OF XClIvEH DOROER LNE AND TF.E N. 1/2 a ME SW. f/W d<DE HE f/I SEG T; T.Y S.R.{E SSS!M. WE HEREBY Y'UR E i0 THE an OF PNM SPRNGS LOT'A'FOR MEET MD FOR CONDOMINIUM PURPOSES MAPS,AT PAGES AT THE REQUEST OF PUMTc unuTr PgMosE PILY CANYON TWNHOMES,LLC..A CKIFORNIA UMHED UAINUTY COMPANY AfcCEE SURVEYING INC. OCTOBER. 2003 THE qtt aD6c aF THE att of PALM SPRRlGS NO. RED OMT L ORSO,COUNTY A4455di/aEIYEMEOOROR TOOSHwR, PRESCIENT BY. DEPUTY NOTARY ACKNOWLEDGMENT SUBgNSION GUMM EE ADEUTY NAMOHK TILE COMPANY STATE cf CAUFMNIAES ) COUNTY W N1 DE) SURVEYOR'S STATEMENT ON A N TMT BI1BC IN AND FOR SN A 4 WAVE A MCGEE.HEREBY VAX TEAT I W A LICENSED WMD SUR4£YOR OF THE PERSCNAIY AP,EmED STATE OF CA RORNIA AND VAT THIS MAP CONSISTING OF M(2)SHEETS CCMEORY PERSONAL.Y IOMOMI O ME OR M RfIME4HS A SIIRJEY MADE UNDR MY SYPFMIMSDN WPoNO AP04 200],THAT q1 THE BASIS OF SATIS'ACIIXAY ENORC� TO BE THE FERSaH M11DSE AIL MONUMENTS SHOGUN HEREON ADNAXY OUST AND NOR P TDNS ARE COFIECRY NAME IS SUBSCPoBED TO THE WIMN INSTUMENT AND ACDNOKEDCED TAX BOND CERTIFICATE sHow'CR GULL BE SET W SIGN POSlIWS W1HIN ONE 1FM DF 1NE IEGddNC TO ME VAT HE EXECUTED THE SAME IN HIS AUNDOZED CAPAOW.. DATE OF THIS MAP.AND VAT MO MONIUNOTS ARE SUFFlgQHT TO ENASLE THE MO THAT BY HIS SIGNATURE ON THE INSTRUMENT SHE FERSUM,OUT THE 1 HEREBY CERTFY THAT A BONDIN THE SUM OF S HAS BEEN SULKY A BE RETRACED• TIE SNWf IS 1RUE AND CgFE1E AS SIDWi. ON UPON BEHALF W WHICH THE PERSON ACID,EXECUTED THE INSTRUMENT. EXECUTED AND RUED M1M SHED BOARD R SIPFRNSCRS OF THE COUNTY OF RiN]t5H)E, M1NE5S MY HAND UPON THE PAMENT OF A�MY MNCIPN.PLACE OF BUSINESS M� .OR LOCK,ANO ALL S4a11 AESE551EI115rECU CSED AXES,STMAS�TDN %MHIGH SONATIRE IS IN COUNTY. AT SSE TIME Ci MW OF THIS MAP MTTH THE COUNTY RECDRDER ARE A UEN MY COMMENSOH EXPIRE._ AGAINST SAID N RTY BUT NOT YET PAYAOUL AND SAID BOND HAS SEEN MY NOTARY PUBUC IN AND FOR SAID STATE APPROKD BY SAD BOND OF SUPERNSORS, SANE A DATED:. CASH TAX BOND N0.54A NANCY ROMERO PAUL MCDONNEII WAYNE A MCGEE DATED: 4 AlANMa CLERK TO THE BOARD OF GUPRNSCIES COUNTY TAX COLECTOR LS.5479 EXPIRE 91W,/ TRUSTEE Br. BY DEPUTY DEPutt NSP.TRU NOR. O.20TRUSTEE UNDO DEED Of TRUST REOOP,DE ERSMEQ 24,COUNTY. AS N5IRIIMEM N0.20 03-6 42210,a OFFlgK RELODS PoWRSOE LUNTY, DAUF"A TAX COLLECTOR'S CERTIFICATE CITY ENGINEER'S STATEMENT I HOBBY CEI THAT ACCORDING TO THE RECORDS CF NO OFFICE,AS OF NI5 I HEREBY STATE VAT I HAW EXAMINED THE WITHIN MAP OF TL4Cr MAP 40,J135A DATE,THERE ARE NO DENS AGAINST THE PRCPRTY SHOWN ON THE WNHMN YM GOT CONSISTING OF TMO(2 9 HEFTS,THAT TIE SUBDMBfN SHOWN HFRFLM IS UNPAID STATE CORNY,MUNICIPAL CA LOCAL TAXER OL SPEOAL ASSESSMENTS SUeSTAN IALY THE SAYE AS IT APPEARED ON THE TEHTATW MAP OR AN COLECTED AS TAMS ETREPT TAXES d1 SPECK ASSESSMENTS CCUECTED AS TAXES APPEND Ktl]GTd1S THEFSKI VAT ALL FRONSONS W THE STATE SIBOCASION NOTARY ACKNOWLEDGMENT NOW A UEN BUT NOT YET PAYAOM WHNXH ARE ESTIMATED TO BE S MINA ACT AD ANY LOCK q dNA qS APRLCARE AT THE TIME Oi APPROVAL OF THE TENTATW MAP HAW SEEN COMPLIED Y61N;AND MAT I AM SAIISPED THAT STATE OF C.WFgWIA) PAIN Me00NNE11 SAD MAP IS TECHNICALLY DOREEIT. 55 DAltlt COUNTY TM COLECIdt COUNTY OF PoNUSOE) ON A NOTARY UBUC IN AND FOR 9,AI BTA BY DEPUTYPRSONAMIY APPEARED DAND J,BARNOAN RCE 2NM DATED: [HALL.KNOWN ME 10 ME CT(Y RgNEFR EmARE 3 31 T NA THE BASIS U EDTO THEiYTH04 INC�� TD BE SHE PERSW NHDSE NAME IS AT HE EED TO THE WAME IN WENT AND ACKN ACIN. D M ME THAT HE EEQUiE THE SATE IN HIS AUTHMENT THE POEM OR SIGNATURE OMISSIONS ANT VAT BY HIS SIGNATURE ON SHE INSON AD T.E ECUTED qL THE CITY CLERK'S STATEMENT ENTITY IIPW BEHNS OF WEApI THE PEIEeON ACIFD,EXECUTED THE INSRNMEHT. IN NESS MY HAND MY PPoNCPAL PLACE OF BUSINESS I,PAMCIA A SADERS,an aERK AID EX-OFRCID ASSESSOR OF THE aTY COUNCI.OF THE PURSUANT TO SECTION 654W6 )(3)(A)(C)OF THE SATgNSON MAP ACT,THE IS IN COUNTY. an OF PALM SIMNOS,STATE OF GALA k HSTEY STATE THAT SAID CITY CO NCA AT ITS SOIASIIRE OF THE FOIOWNG OWNERS Of EASEMENTS ANDIM OTHER INTO MIS SMHATURE YY CCMM59g1 IDOHpE:_ REGUWt MEETING HUD ON THE-DAY a 2OD1.DULY MPROKD THE HAW BEEN OMITTED. NOTARY MB IN AND FOH SAID STATE MAP OF MOT MO W.31354,AND DID ACCEPT THE OEOICATON M WT'A'TO PUSUC USE RON STREET AND PUBLD UTILITY NTRFOSE,THE TENTATW YAP FOR SAND TRACT WAS APPROVE BY THE att COUNCIL AT In KGUI.M MEETING HEIR ON THE 151h DAY OF OC1090,2WS, CAHFOAMIA ESECT11C POWER COMPANY AND CADFORHOA WATER AND TELEPHONE COTIPMY,A UTILITY EASEMENT.KCDRDED AUGUST 9,19341N BOOK 1617,PACE 302,OMaAL RECORDS.PoL9t510E COUNTY,CAFORNN. SOILS REPORT INN "Eat MO INTH "WaDENTTTa P 09 RECORDED ASSOCIATION, EASEMENT 200z2 AS OATFD: 10M BY INSTRUMENT NO.2000-3TMO,OFgAL RO=%dN]L90E COUNTY.CAIfaBHIA qtt CLERT(AND EX-00100 ASSESSOR DF THE A SOUS S SEEN N0.091D F BY EM1H STSlEl15 SOUTHW£Si.GAITED MAY). att COUNCIL OF THE an OF PAW SFMNGS 100.3 HAS BEEN PREPARE FM RTHUSUE N THE CITC NIS RVORT AND MY SUPPLEMENTS THRE10 O aJ RUE INN CFflTE OF THE WILUNG ORMTAIENi OF THE CNY OF PNA SPRN[S