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HomeMy WebLinkAbout04976 - AMERICAN REALTY TRUST INC ABANDONMENT AGREEMENT WAL-MART 5601 RAMON ROAD PARCEL MAP 30745 DOCUMENT TRACKING Page:1 Report: One Document Detail 08/0312010 Condition: Document Numbera4976, Document# Description Approval Date Expiration Date Closed Date A4976 Wal-mart Project-Abnandonment Agreement I'm 30745,Sgpoint Center 10/06/2004 10/01/2006 Company Name: American Realty Trust Address , , Contact: Insurance Department LSD Group: ENGINEERING {fir\ ✓ Service: In File p'��h✓ xRef: ENGINEERING \ �� Ins.Status: No Certificate on file. Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid to Elaine for notary 10113/2004 to Recorder for recording 10/29/2004 to Dept 12/07/2004 kdh Note to Marcus-OK TO CLOSE 10/03/2007 * ***ENDOFREPORT****** PALM S -�p;P 'N City of Palm Springs * * Office of the City Clerk {[ BCD \q36 # knoeaTeo 3200 Tahquia Canyon Way• Palm Springs,Califomia 92262 CqC FO R\4\¢ TEL:(760)323-8204•Too:(760)864-9527 June 13, 2005 Mr. Dan S. Allred American Realty Trust, Inc. 1800 Valley View Lane Dallas, TX 75234 Re: Parcel Map 30745 Walmart—Abandonment Agreement (A4976) Dear Mr. Allred: The obligations of the Abandonment Agreement between the City of Palm Springs and American Realty Trust, Inc. relating to Parcel Map 30745, has been satisfied; therefore, Faithful Performance Bond No. LPM 8733227, for the amount of$314,000.00 is being released and returned. Please feel free to call our office if there are any questions, (760) 323-8204. Sincerely, V-V-A Kathie Hart, CMC Chief Deputy City Clerk /kd h Encl. Faithful Performance Bond c: Marcus Fuller, P.E., P.L.S. Senior Civil Engineer (w/ Encl.) File —A4976 (w/ Encl.) Post Office Box 2743 0 Palm Springs, California 92263-2743 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND Bond No. : LPM8733227 WHEREAS, the City Council of the City of Palm Springs, State of California, and American Realty Trust, Inc. (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 90 b 200� and identified as Parcel Pap 30745 is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Fidelity and Deposit NOW, THEREFORE, we, the Principal and _Company of Maryland as surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal SUM of Three Hundred Fourteen Thousand dollars ($314.000.9Qawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Page 1 of 2 t Faithful Performance Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on Sept. 22gd2O04 Americ ealty Trust Inc Inc. � Fidelity and Deposit Company of Maryland Principal Dk-) S . ✓4 L LR LZ Surety I/ ce- /4X_Qj;Jg -f Attorney-in-Fact Karen Kubica Page 2 of 2 ACKNOWLEDGMENT BY PRINCIPAL STATE OFF COUNTY OF Q Q,S ` On This F�aV\ da of Q�(k� It' s 20 04, before me personally came �P known to me to be the \�t hO O'NA�Ve tj1 (title) of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year 'n the certificate first above written. Notary Public /� xrn= sxw,.�i."„�a•ma.M � ,�� ,� My Commission Expires: ✓ _ "�� Notary Public wka2ra tat Taxzis RAy commission Expires r�Acnrr�tt T�,:L€E©�3 �:.4��""'Y'F&+�J.o.::yn.,r,ii5 Kr�54i4"'wdd•, .�;� ACKNOWLEDGMENT BY SURE STATE OF Texas COUNTY OF Dallas On this 22nd day of September, 20 04, before me, a Notary Public, within and for said County and State, personally appeared Karen Kubica to me personally known who being duly sworn upon oath, did say that she is the Attorney-In-Fact of and for the Fidelity and Deposit Company of Maryland a corporation created, organized and existing under and by virtue of the laws of the State of Maryland that the Corporate seal affixed to the foregoing within instrument is the seal of said Company that the seal was affixed and the said instrument was executed by authority of its Board of Directors, and the said Karen Kubica did acknowledge that she executed the said instrument as the free act and deed of said Company. �n� _ ill( An Kelly Notar Pub Kelly Ann Westbrook My Commission Expires: October 9, 2006 v .•Ps; -Yyz co O_ n;F= Q / I/09/20Q a. Y Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the Se, i aryland,by PAUL C. ROGERS,Vice President,and T.E. SMITH,Assistant Secretary,in pursuance of u r� y Article VI, Section 2, of the By-Laws of said Companies,which are set forth on the reverse d ere red to be in full force and effect on the date hereof, does hereby nominate,consti es G , elly A. WESTBROOK and Karen KUBICA,all of Dgha gp , it y ent and Attomey-in-Fact,to make, execute, seal and deliver,for,an e�r�i e d t h eed: any and all bonds and undertakings EXCEPT bo s r�fMde i�tto ,Community Survivors and Community Guardians. and th r np o rc b s grgrrgs m pursuance of these presents, shall be as binding upon said Companies, as fully a`` purposes,as if they had been duly executed and acknowledged by the regularly elected off i_ r y at its office in Baltimore,Md., in their own proper persons. This power of attorney revokes that issued o13 of James W.BAUGHMAN,Kelly A.KNISEL,Steven E.LEWIS,dated August 6,2001. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,this 23rd day of September,A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY �o DripsCAW)e �{ �aA 4Fo ;4'++mn /[ . By: 76�t� T.E.Smith Assistant Secretory Paul C.Rogers Vice President State of Maryland 1 ss: I City Baltimore f On this 23rd day of September, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. DDennis R. Hayden Notary Public My Conunission Expires: February 1, 2005 POA-F 168-0301 �,e ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $ waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct tamed premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3, to have resulted in damage within the United States, or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed 55,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 e�PA- e`� i�'¢kz� +�'',!�`"��\�yu^,,• °fir `� � City of Palm�, '1 Springs , Department of Public Works and Engineering 3200 E.Tahquirz Canyon Way • Palm Springs, California 92262 TeL (760)323-8253 • Pax: (760)322-8360 • Web: www.ci.palm-springs.ca.us C.) June 10, 2005 - Lockton Insurance Agency 717 N. Harwood, Suite 2500 Dallas, TX 75201 - Attn: Jim Baughman D Re: Parcel Map 30745 "Walmart"; Abandonment Agreement fCD Please considerthis letterthe City of Palm Springs' notice that the obligations of the Abandonment Agreement between the City of Palm Springs and American Realty Trust, Inc., a Georgia Corporation (Agreement A4976, approved October 6, 2004, Resolution No. 21104), related to Parcel Map 30745, have been satisfied. The following subdivision security required by the agreement may now be released: • Faithful Performance Bond; Bond No. LPM 8733227; $314,000.00 The removals required bythe agreement have been completed as the construction of the"Walmart Supercenter" has proceeded. In accordance with the request received from Mr. John Mayfield, of Prime Income Asset Management, dated May 25, 2005, this letter serves as the City's formal acceptance of the performance by American Realty Trust, Inc., in accordance with the terms and conditions of the Abandonment Agreement, and that said agreement is considered satisfied If you have any questions, I can be reached at (760) 323-8253, extension 8744. Sincerely, Marcus L. Fuller, P.E., P.L.S. Senior Civil Engineer cc Dan S Allred,American Realty Trust,Inc, 1800 Valley View Lane,Dallas, TX 75234 John Mayfield,Prime Income Asset Management,One Hickory Centre, 1800 Valley View Lane,Suite 300,Dallas, TX 75234 James Thompson,City Clerk PM30745 file Post Office Box 2743 0 Palm Springs, California 92263-2743 OOC " 2004—I121I842S25 10/25/2004 08:00A Fee:NC Page 1 of 25 Recorded in Official Records RECORDING REQUESTED BY: County of Riverside CITY OF PALM SPRINGS Gary L. Orso Assessor, County Clerk & Recorder 1111111111111111111 III 11111111111111111 III 11111 AND WHEN RECORDED MAIL TO: City of Palm Springs M S U PAGE SIZE nA PCOR NOCOR SMF MISC P. O. Box 2743 Palm Springs, CA 92263 Attn: City Clerk A R L COPY LONG REFUND NGHG EXAM SPACE ABOVE FOR RECORDER ONLY C ABANDONMENT AGREEMENT EP American Realty Trust Wal-Mart Project American Realty Trust Abandonment Agreement (Wal-Mart) AGREEMENT#4976 R21104, 10-06-04 THIS AREA FOR RECORDERS ' USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) G:\RECORDER\RECORD.REQC.\Documents and Segings\KathyMMy Documents\RECORD.REQ.doc ABANDONMENT AGREEMENT by and between CITY OF PALM SPRINGS and AMERICAN REALTY TRUST, INC. A GEORGIA CORPORATION 111111 Jill IIIIIII III 111111111 Jill 10 25,2 04 08:OO1, .02 TABLE OF CONTENTS Page 1. Removal Obligations. .......................................................................................................I 1.1. Removal Work......................................................................................................1 1.2. Performance of Work............................................................................................2 1.3. Authority of the City Engineer .............................................................................2 1.4. Changes in the Work.............................................................................................2 1.5. Documents Available at the Site...........................................................................2 1.6. Inspection..............................................................................................................2 1.7. Defective Work.....................................................................................................2 1.8. No Warranty by City.............................................................................................3 1.9. Compliance With Law..........................................................................................3 1.10. Suspension of Work..............................................................................................3 1.11. Final Acceptance of Removal Work.....................................................................3 2. Time for Performance.......................................................................................................3 2.1. Completion Dates..................................................................................................3 �m2.2. Force Majeure.......................................................................................................3 cu .. C ON 2.3. Continuous Work..................................................................................................4 v Nm m 2.4. Time of the Essence..............................................................................................4 3. Labor.................................................................................................................................4 3.1. Labor Standards Prevailing Wages.......................................................................4 3.2. Nondiscrimination.................................................................................................4 3.3. Licensed Contractors ............................................................................................4 3.4. Worker's Compensation........................................................................................4 4. Security. ............................................................................................................................4 4.1. Required Security..................................................................................................4 i 1003/018/32947.02 TABLE OF CONTENTS (cont.) Page 4.2. Form of Security Instruments ...............................................................................5 4.3. Developer's Liability.............................................................................................6 4.4. Letters of Credit. ...................................................................................................6 4.5. Release of Security Instruments............................................................................6 5. Cost of Removal Work and Provision of Inspection Service. ..........................................7 5.1. Developer Responsible for All Costs of Removal Work......................................7 5.2. Payment to City for Cost of Related Inspection and Engineering Services.................................................................................................................7 6. Default...............................................................................................................................7 6.1. Institution of Legal Actions..................................................................................7 6.2. Interest...................................................................................................................7 6.3. Choice of Forum...................................................................................................7 6.4. State Law ..............................................................................................................7 6.5. Remedies Not Exclusive.......................................................................................7 6.6. Attorneys' Fees and Costs ....................................................................................7 7. Indemnity..........................................................................................................................8 8. General Provisions............................................................................................................8 8.1. Successors and Assigns.........................................................................................8 8.2. No Third Party Beneficiaries................................................................................8 8.3. Entire Agreement; Waivers and Amendments .....................................................8 9. Corporate Authority..........................................................................................................8 IIIIIII IIIII IIIII III III IIII IIIIIIIIII II II IIII IIII 10 25©400f 25200R ii 1003/018/32947.02 ABANDONMENT AGREEMENT THIS ABANDONMENT AGREEMENT (this "Agreement") is entered into this 6 20' day of , 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("City"), and AMERICAN REALTY TRUST, INC., a Georgia corporation ("Developer"). Hereafter, City and Developer maybe referred to as "party" or collectively as "parties". RECITALS WHEREAS, Developer is the master ground lessee of certain real property in the City of Palm Springs, County of Riverside, State of California, as specifically described on Exhibit "A", attached hereto and incorporated by reference ("Property"); pursuant to that certain Master Business Lease between Developer, as lessee, and Germaine Pico Arenas, as successor-in- interest to Richard Brown Arenas, P.S. 1, as lessor, dated April 10, 1978 ("Master Lease"). The legal description and a map of the Property are attached hereto and incorporated herein as Exhibit "A" by this reference. WHEREAS, Developer has obtained the approval of Tentative Parcel Map 30745 for the Property which contains conditions of approval ("Conditions") for the development of the Property. A true and correct copy of the Conditions are attached hereto and incorporated herein as Exhibit "B". WHEREAS, Condition 34 requires Developer and the City to enter into an agreement that provides the City with the right to remove abandoned street improvements within the Property at Developer's expense if Developer has not removed the abandoned street improvements within two (2) years of the approval of Parcel Map 30745 ("Map") by the City Council. 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, the parties hereby agree as follows: I. Removal Obligations. 1.1. Removal Work. Developer agrees, at its sole cost and expense, to remove all abandoned street improvements existing on the Property ("Removal Work"), which Removal Work shall be completed on or before the date that is two (2) years following approval of the Map by the City Council. A list of the items included in the Removal Work is attached hereto and incorporated herein as Exhibit "C". The parties hereby agree that the estimated cost for the Removal Work is Three Hundred Fourteen Thousand Dollars ($314,000.00) ("Removal Work Cost") and that the Removal Work shall be secured pursuant to Section 4 of this Agreement. Should Developer fail to complete the Removal Work within two (2) years of the approval of the Map, the City shall have the right to draw upon the Security Instruments and ]003/O18/32947.02 (IIIIII IIIIII IIIIII IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII 102A05 of 004 25?00R to arrange for the completion of all, or any portion of, the Removal Work, including the right to enter onto the Property and to perform the Removal Work. 1.2. Performance of Work. Within two (2) years of the approval of the Map by the City Council, Developer shall famish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform the Removal Work pursuant to this Agreement. Should Developer fail to do so, the City shall have the right to draw upon the Security Instruments and to arrange for the completion of all, or any portion of, the Removal Work, including the right to enter onto the Property and to perform the Removal Work. 1.3. Authority of the Citv Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Developer and Developer's contractor. 1.4. Changes in the Work. The City Engineer, without invalidating this Agreement, may order extra work in connection with removing the abandoned street improvements to the list of Removal Work (Exhibit "C") or may change the required Removal Work by altering or deleting any portion of the Removal Work as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare of the citizens of the City. The City Engineer shall notify Developer or its contractor in writing at the time that a determination has been made which requires a change in the Removal Work. No field changes performed or proposed by Developer or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.5. Documents Available at the Site. Developer shall cause its contractor to keep a copy of all approved plans ("Plans") at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.6. Inspection. Developer 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 Developer, or its design engineer, and Developer's contractor(s) regarding the Removal Work. Developer shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Removal Work is in accordance with the requirements and intent of this Agreement. 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 Removal Work by City shall not relieve Developer 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. 1.7. Defective Work. Developer shall at its sole expense cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. IIIIII IIIIII IIIIII III IIIIII IIII IIIIIII II III II I IIII @0 10 2 6 004 5200R 2 1003/018/32947.02 I.S. No Warranty by City. The Map has been prepared by or on behalf of Developer or its consultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy of the Map or related documents. 1.9. Compliance With Law. hi addition to the express provisions of this Agreement and the Plans, Developer shall cause perfonnance of the Removal Work to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.10. 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 1.9. In case of suspension of work for any cause whatever, Developer 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. 1.11. Final Acceptance of Removal Work. After Developer's contractor has completed all of the Removal Work, Developer 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 salve as specified herein 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 Removal Work 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 Removal Work will be considered as complete shall be the date on which the City Engineer approves of the Removal Work. 2. Time for Performance. 2.1. Completion Dates. Subject to Section 2.2 below, Developer shall complete or cause to be completed all of the Removal Work within two (2) years of the approval of the Map by the City Council of City. Extensions of time for completion of the Removal Work may be granted upon mutual agreement of the City Engineer and Developer, either verbally or in writing, as required by the City Engineer or his designee. Should Developer fail to complete the Removal Work within two (2) years, the City shall have the right to draw upon the Security Instruments and to arrange for the completion of all, or any portion of, the Removal Work, including the right to enter onto the Property and to perform the Removal Work. 2.2. Force Maleure Notwithstanding the provisions of Section 2.1, Developer's time for completion of the Removal Work shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of I H 11111111111111111111111 IN a,zee 7 of 25 0aA 3 1003/018/32947.02 Developer, 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 Developer or its Contractor detailing the grounds for Developer'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. 2.3. Continuous Work. After commencement of the Removal Work, Developer 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. 2.4. Time of the Essence. Time is of the essence of Developer's performance of all of its obligations under this Agreement. 3. Labor. 3.1. Labor Standards/Prevailing Wages. Developer shall be responsible for causing all contractors and subcontractors performing any of the Removal Work 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. Developer agrees that no contractor or subcontractor performing any of the Removal Work 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. Developer shall cause all of the Removal Work to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4. Worker's Compensation. Developer shall cause every contractor and subcontractor performing any of the Removal Work to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1. Required Security. (a) Prior to the City's execution of this Agreement, Developer 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 III III I I II I I IIIII III IIIIII I II II II I IIII 10 25�i8 of 25�00R 4 1003/018/32947.02 the requirements of the applicable provisions of Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing Developer's faithful performance of all of the Removal Work ("Faithful Performance Security lnstrument"), in an amount equal to 100% of the Removal Work Cost. (b) Prior to the execution of this Agreement, Developer shall submit a cash deposit of Two Thousand Dollars ($2,000) as an advance on the expenses that the City will incur in connection with the preparation of this Agreement by the City Attorney. City shall draw on this deposit in the amount of its actual costs incurred in connection with the preparation of this Agreement by the City Attorney. 4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 3.1(a), 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 Developer is in default under its payment or performance obligations hereunder or in the event Developer 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 4.5. (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 Developer'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. G) 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). III II IIIII I IIII III IIIII I II IIIII III IIIII III IIII 10,2509a f 25 0eF 5 1003/019/32947.02 (ii) Each Security Instrument shall provide that changes may be made in the Removal Work pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. (iii) Each Security Instrument shall have a minimum term of three (3) years after the execution of this Agreement. 4.3. Developer's Liability. While no action of Developer shall be required in order for City to draw on its security under any Security Instrument, Developer 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, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the Removal Work and shall, within ten (10) days after written demand therefore, deliver to City such substitute security as City shall require to satisfy the requirements of 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 three (3) years, 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 that the City draws 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 Developer. 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. Developer 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 Security Instrument when all of the following have occurred: (i) Developer has made written request for release; and (ii) The Removal Work has been completed to the City's satisfaction; and IIIIII IIIIII IIIIII III IIIIII IIII IIIIIII III IIIIII III IIII 10 291J 0of 2500R 1 6 1003/018/32947.02 (iii) Any City fees have been paid pursuant to Section 5.2; and (iv) If applicable, City has received written evidence that Developer's contractors have been paid for the Removal Work; and (v) No claims are outstanding at that time regarding defective work. 5. Cost of Removal Work and Provision of Inspection Service. 5.1. Developer Responsible for All Costs of Removal Work. Developer shall be responsible for payment of all costs incurred for performance of the Removal Work. 5.2. Payment to City for Cost of Related Inspection and Engineering Services. Developer shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Removal Work. The procedures for deposit and payment of such fees shall be as established by the City Council. 6. Default. 6.1. Institution of Legal Actions. In addition to any other rights or remedies, either party may institute a legal action to cure, correct or remedy consistent with the purpose of this Agreement. 6.2. Interest. h1 the event of a default or breach by Developer which continues beyond any applicable notice and cure period, City shall be entitled to reimbursement from Developer of all costs and expenses incurred by City as a result of the default plus interest at eight percent (8%). 6.3. Choice of Forum. Legal actions must be instituted and maintained in the appropriate court in the County of Riverside, State of California. 6.4. State Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 6.5. Remedies Not Exclusive. hi any case where this Agreement provides a specific remedy to City for a default by Developer 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 be entitled. 6.6. Attorneys' Fees and Costs. In the event that Developer fails to perform any obligation under this Agreement, Developer 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 Developer'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 costs shall III II I I III III III IIIII I III I II III 10 200 2 sofa 25 7 1003/018/32947.02 include fees and costs on any appeal. Additionally, a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, including the costs of taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 7. Indemnity. Developer 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 Developer's performance or failure to perform the Removal Work in accordance with the requirements contained or referenced in this Agreement and the approval of the Map. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City maybe subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Developer pursuant to the tenns hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 8. General Provisions. 8.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Developer's right, title, and interest in and to the Property and any portion thereof. 8.2. No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Developer 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. 8.3, Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terns and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 9. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv)the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. IIIIII IIIIII IIIII I I I III I I IIIIII II I' I IIII 1e 2001 eof'25 A 8 1003/018/32947.02 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA a rlcia A. Sanders, City Clerk David Ready, City 4a r RECOMMENDED BY: APPROVED BY THE C!'fY COUNCIL BYRES. NO. City Engineer ,,,f'HOVED AS JO FORM DEVELOPER: AMERICAN REALTY TRUST, INC., torney a Georgia corporation •Wv L By: Signature By: Dan S. Allred Its: Vice President Mailing Address: 1800 Valley View Lane Dallas, TX 75234 IIIIII IIIIII IIIIII III IIIIII IIII IIIIIII III IIIIII III IIII 10 �0 20 a£08 500R 9 1003/018/32947.02 ALL-PURPOSE ACKNOWLEDGMENT State of � CSLn a CAPACITY CLAIMED BY SIGNER County of ❑ INDIVIDUAL(S) r ❑ CORPORATE On Je,��u.vtilR+-.t�.2vC'1-�' beforeme, :�€.c a. \4ru G.r�o,zZ, r,4rjp ,6,- OFFICER(S) Date r-,\ .Name,Title of Officer S TITLE(S) personally appeared f�'n �-�V�4 , ❑ PARTNER(S) NAME(S)OF SIGNERO ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑personally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR proved to me on the basis of satisfactory evidence to be the person who am�) ❑ OTHER rs re subscribed to the rthin instrument and acknowledged to me that k/he/they executed the same in is er/their authorized capacity s), and that by(rii er/their signature( on the instrument the person(A or the entity upon behalf of which the persons(/)acted,executed the instrument. _ . A � � — I SIGNER IS REPRESENTING: l JACQUELINE RANGEL l[ Wi Hess land d official seal Commission# 1388173 z a u u�',... Notary Public-California � z ,., y' Riverside County �� ure of otary MY comm.Expires Uec 3,20UbI' v-v&.°�'�'na ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Cv_v_u-kc '�C FYI Lo"L_S"— MUST BE ATTACHED 0 TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII to a242625 s@ a£ea5eea 144 1003/018/32941.02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. Countyoo\f 1Vers l� 'e On V�� 1 0014 before Ndory %W1, C DeJ3 Nama ena nua or oaaar le 9.,"sane Dae/Nutary Pumlc9 personally appeared l-)a u p 'Ready Q(V(4 �'�r I C i a Pi - 9D n4 N ✓5 Namela)of s,ne*) 4apersonally known to me ❑ pluvood [u Ine o❑ Ithc basis of sa1)sf8uuiy ovidepee — — — — JUDIWA NICli101.5 ` [ to be the person s® whose names ar com hslon#1487823 rz subscribed to the within instrument and Notary 5 acknowledged to me that �executed _l the same in t e' authorized lAyCado 21 2D0�RLrerdde e)capacity ies and that by -hsftr signaturei on the instrument the person , or the entity upon behalf of which the person se acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Puhlm OPTIONAL Though the information below 1s not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: (A an ty0 VI I^✓(ent C I� r e P mLe PIT Document Date: Number of Pages: 9- Signer(s)Other Than Named Above: U V ct ° ca R I Ci%I;N V P'S �t U)Qh3, i(red Capacity(ies) Claimed by Signer 1 Signer's Name: RV,I4 RPuc�,( ezVIN �6tr) C\ 4 0.1 •SQnlc e �J ❑ Individual + �n Top of thumb here [� Corporate Officer—Title(s): O I l y {°�o n e r s (Llty Clem ElPartner—❑ Limited ❑General a ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: e C.I I+ y © �(�11Y 5 I YI D ©1999 National Notary Assoolallon•9350 Do Solo Ave,PO Box 2402•Chatsworth,CA91313-2402•wwe.notienalnolal Prod No 5907 Reason Call Tell Fee 1-000-876-6827 -0842625 IIIIII IIIIII IIIIII III IIIIII IIII(IIIIII III IIIIII III IN19 200415 o£08500R EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY In the City of Palm Springs, County of Riverside, State of California, being a subdivision of Lots 1 through 10, inclusive, and lettered Lots A through E , inclusive, of Tract No 19544, as shown by Map on file in Book 142, Pages 79 and 80, of Maps, Records of said County, said State, as amended by certification of correction recorded January 23, 1986, as instrument no, 16924 of official records. 1003/018/32947.02 111111111 III 1111111111111111111111111111 10�00 26 of02500a EXHIBIT "B" CONDITIONS OF APPROVAL IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII iere001 g$f025Wfi RESOLUTION NO, EXHIBIT A TENTATIVE PARCEL MAP 30745 DESTINATION RAMON, LLC. 5601 RAMON ROAD APRIL 14, 2004 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning and Zoning, the Chief of Police,the Fire Chief or their designee,depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be In a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS 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. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0957-CUP. 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 Citys 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 falls 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 judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s)and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, Including sidewalk or bikeway easement areas that extend onto private property, In a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the properly owner's sole expense. This condition shall be Included In the recorded covenant agreement for the property if IIIIIIIIIIIIIIIIIIIIIIIIIII(ill(IIIIIIIIIIIIIIIIIIIII IS 1e280 of�25 18 o required by the City. 4, 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 and an Environmental Impact Report is being prepared on the project; therefore a fee of$914.00 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. 5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be paid to the Coachella Valley Association of Governments(CVAG). 6. 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 to-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. 7. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the Indian Planning Commission. CEQA a. The mitigation measures of the environmental impact report (EIR) shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the EIR will be included in the plans prior to consideration of the environmental assessment. The Mitigation measures are contained in the Mitigation Monitoring Program, which is hereby Incorporated by reference. Cultural Resources 9. 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. 10. 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. a), Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitors) shall be present during all ground disturbing activities Including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua III I IN �020a20 cf 2500R . Callente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Ague Caliente Cultural Resource Coordinator for approval. b). Two copies 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 and one copy to the City Planning and Zoning Department prior to issuance of a certificate of occupancy. Biological 11.The applicant shall ensure that all Burrowing Owls must be surveyed for in suitable habitat no later that 3o days prior to ground disturbance. If burrowing owls are detected during the nesting period(February 1 -August 31),the following must occur. a). A 75 meter buffer zone around active nests must Occur; and b). Relocation of birds if no eggs/incubation occurring. 12. If relocation is to occur, every effort shall be made to relocate owls using a passive method of one-way traps and to comply with the requirements of the Draft Tribal Habitat Conservation Plan. Note: Recommendation 11 and 12 were received subsequent to Final EIR preparation and are recommended in the Tribal Multi-Species Habitat Conservation plan. GENERAL CONDITIONS/CODE REQUIREMENTS 13.The Tentative Tract Map approval shall be valid for a period of three(3)years. Time extensions may be granted by the Planning Commission upon demonstration of good cause. 14. 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 the parcel. The avigation and non-suite covenant shall be recorded against all parcels. 15.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. 16.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. I IIIIII Illlfl IIIIII III IIIIiI IIII IIIIIII III IIIIIII II IIII 20G4-0842625 10 20 o£0S 508fl 17. The grading plan shall show the dispositlon of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 18. The project shall comply with the City of Palm Springs Transportation Demand Management (TOM) Ordinance, which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. This must be submitted for approval sixty a minimum of(60) days prior to issuance of the certificate of occupancy and must be approved prior to opening. POLICE DEPARTMENT 19, Developer shall comply with Section it of Chapter 8.04 of the Palm Springs Municipal Code, BUILDING DEPARTMENT 20, Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING The Engineering Division recommends that if this application is approved, such approval be subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS '21. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 22. 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. 23. Abandonment of existing public rights-of-way and easements are required to facilitate the proposed Tentative Parcel Map. Abandonment of public right-of-way for Sky Point Drive North, Sky Point Drive West and Sky Point Drive East (shown as Lots D and E on Tract Map No. 19544) and a 50 feet wide landscape easement (shown as Lots A and 13 on Tract Map No. 19544) will be necessary. The developer shall be responsible for coordinating approval of the abandonment of the public rights-of-way with all public utility agencies. Developer shall coordinate final relocation, adjustment or abandonment of all utilities with the respective utility agencies; and shall coordinate demolition of all existing improvements, reconstruction of affected intersecting streets, as appropriate,with the Engineering Division, RAMON ROAD IIIIIII I�IIIIIIII�I�IIII�iII III IIIIIII III IIIIIII III�II 10?05l?00£02500R 24. Dedicate additional right-of-way concentric with the back of sidewalk along the bus turnout to be located at the southeast corner of the intersection of Ramon Road and San Luis Rey Drive. 25, Construct a 160-feet long by 12-feet wide bus turn out at the southeast corner of the intersection of Ramon Road and San Luis Rey Drive. The configuration shall be approved by the City Engineer, in coordination with SunLine Transit Agency, Contact SunLine Transit Agency for details regarding bus stop furniture and bus shelter requirements, A bus stop shelter and required fumlture, lighting, and other Improvements required by SunLine Transit Agency shall be constructed. 26, The existing sidewalk and bicycle path shall be removed and a new 12 feet wide Class I meandering combination sidewalk and bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) shall be constructed along the entire. 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. OR Protect the existing a 5 feet wide sidewalk in place the existing a 5 feet wide and construct a separate 8 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and design) shall be constructed along the Ramon Road 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. The concrete shall receive a broom finish, 27. The existing curb and gutter shall remain in place except for a curb cut necessary for the proposed driveway approach and as necessary for construction of the required bus turn-out. 28. Construct a 14-feet wide raised, landscaped median island as specified by the City Engineer from San Luis Rey Drive to Crossley Road. Median landscaping shall be designed consistent with median landscaping within the existing Raman Road medians, subject to the approval of the Director of Planning and Zoning. The median nose width shall be constructed 4 feet wide and have cobblestone paving. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, In coordination with requirements included in the Destination Ramon Project Traffic Impact Study prepared by Endo Engineering, dated August 2003 (as amended), and as approved by the City Engineer. Design and construction of the landscaped median island shall be coordinated with the City of Cathedral City, as required, 29. All broken or off grade street improvements shall be repaired or replaced. CROSSLEY ROAD 30. Protect the existing sidewalk in place and construct a separate 8 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. The concrete shall receive a broom finish. III III IIIIII III II III 111111111111111111111111 1P 25�2 0of P500R OR at the developer's option, if a new meandering combination sidewalk and bicycle path is proposed, the existing sidewalk shall be removed and a new 12 feet wide Class I meandering combination sidewalk and bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) shall be constructed 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. The concrete shall receive a broom finish. SKY POINT DRIVE(NORTH, EAST, AND WEST) 31. Remove all abandoned street improvements, underlying utilities, and other improvements in accordance with requirements of the affected utility companies and the City Engineer. Removals shall occur upon approval of a Parcel Map of the subject property, formally vacating and abandoning the existing public rights-of-way. PARCEL MAP 32. A Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map.The Parcel Map shall be approved by the City Council prior to issuance of building permits. 33. In accordance with Section 66445 0) of the Government Code, the existing public rights-of-way for Sky Point Drive East, West, and North may be abandoned upon the filing of a Parcel Map identifying the abandonment of the easements granted to the City of Palm Springs. Prior to approval of a Parcel 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 public rights-of-way to be abandoned. Prior to approval of a Parcel Map, the developer shall provide to the City Engineer a letter of approval regarding the proposed abandonment of Sky Point Drive rights-of-way from each public utility agency. 34. The developer shall enter Into an agreement that provides the City of Palm Springs with an exclusive right of entry onto the subject property with the right to remove all abandoned street improvements at the developer's expense, in the event removal of the abandoned street improvements is not completed within two (2) years following approval of a Parcel Map by the City Council. The agreement shall be secured with appropriate subdivision security, as approved by the City Attorney, and said security shall be available to the City upon notice from the City Engineer that the developer has failed to perform its obligations as required by the agreement. The developer shall provide written estimates of cost to remove all abandoned street improvements, abandon and/or relocate all existing underground utilities, and construct street fmprovements as necessary, subject to the approval of the City Engineer. Estimates of costs related to public utility abandonment and/or relocation shall be determined by the respective utility agency, as appropriate. The agreement shall executed by the developer prior to approval of a Parcel Map by the City Council. The developer shall submit a deposit of$2,000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiiIIIIIIIIIIIIIIII 2©� 10 2 0of 500fi for preparation of the agreement, and shall be subject to actual costs associated with Its preparation by the City Attorney. 35. In accordance with Government Code Section 66411.1, the Tentative Parcel Map is a subdivision of five or more lots (parcels), and is subject to construction of all required public improvements. Prior to approval of a Parcel Map, all required public improvements shall be completed to the satisfaction of the City Engineer, or shall be secured by a construction agreement in accordance with Government Code Section 66462. I IIIIII IIIIII IIIIII III IIIIII IIII IIIIIII III IIIIIII II IIII 10 2@0 242004f 500F EXHIBIT "C" REMOVAL WORK The "Removal Work" necessary to remove all abandoned street improvements includes, but is not limited to: 1. Removal of all abandoned street improvements. 2. Abandonment and/or relocation of all existing underground utilities. 3. Construction of new street improvements as necessary, subject to the approval of the City Engineer. The list may be modified by the delivery of written notice from the City Engineer to Developer as set forth in Section 1.4 1003/019/32947.02 i IIIIII IIIIII III II III IIIIII IIII IIIIIII III IIIIIII II IIII 10 20044842625 225 0£025ER