HomeMy WebLinkAbout04975 - AMERICAN REALTY TRUST INC SUBDIVISION IMPROVEMENT WAL-MART 5601 RAMON ROAD PARCEL MAP NO 30745 „ �40\%'
City of Palrn Sprin � S
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December 6, 2006 C,
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Lockton Agencies of Dallas =
717 N. Harwood, Suite 2500 4?
Dallas, TX 75201
U1
Attn: Jim Baughman
Re: Parcel Map 30745, "Destination Ramon"
Please consider this letter as the City of Palm Springs' notice that the obligations of the
subdivision improvement agreement between the City of Palm Springs and American Realty
Trust, LLC, related to Parcel Map 30745, have been satisfied. The subdivision improvements for
this development were accepted by the City on December 1, 2005. The following subdivision
securities required by the agreement may now be released:
• Maintenance/Warranty Bond-, Bond No. LPM8733226,- $28,500-00
If you have any questions, I can be reached at (760) 323-8253, extension 8741.
Sincerely,
evv II(yP ;te7ti,
Carol Templeton
Engineering Associate
cc: Stan Rothbart, Rothbart Development Corporation, 1801 Ave. of the Stars, Suite 920,
Los Angeles, CA 90067 - via facsimile: (310) 277-6388; Jim Baughman, Lockton
Agencies of Dallas — via facsimile. (214) 720-3499; John G. Mayfield, Prime Income
Asset Management, Inc. — via email: Joh;%.Ma ieid rirteasset-com James
Thompson, City Clerk, PM30745 file
Post Office Box 2743 • Palm Springs, California 92263-2743
r DOC # 2006-0459819
��� 06/26/2006 08:00R Fee:NC
Page 1 of b
Recorded in Official Records
County of Riverside
RECORDING RI^.QI IF..STED BY AND Larry W Ward
Rssessor, County Clerk & Recorder
WHEN RECORDED MAIL T0: 11111111111111111111111111111111111111111111111
City of Palm Springs C
Attn: City Clerk M s U PAGE 2E M FCOR NO CMF Use /L,J a
P.0-Box 2743 ply
Palm Springs, CA 92263 I'
ti.
A R L cow LONG RcruNo NCHG E>
Space Above This Line For Recorder's Use Only A
PALM SPRINGS, CALIFORNIA AT
STORE NO. 1832-03
NOTICE OF SUBDIVISION CONII'LETION ("NOTICE")
O
This Notice of Subdivision Completion is effective this At day of h i 2006.
RECITALS
WHEREAS, the city of Palm Springs, a California charter city ("City"), and American
Realty Trust Inc., a Georgia corporation ("American Realty"), entered into a certain Subdivision
Improvement Agreement between them relating to that certain real property described on
Exhibit"A", attached hereto and incorporated herein by reference ("Property"), and which
Subdivision Improvement Agreement was recorded in the Official Records of Riverside County,
State of California on October 25, 2004, as Instrument No. 2004-0842624, and re-recorded on
October 29, 2004, as Instrument No. 2004-0858330 ("Subdivision Agreement");
WHEREAS, City and American Realty entered into an Abandonment Agreement related
i to the Property, which Abandonment Agreement was recorded in the Official Records of
Riverside County, State of California on October 25, 2004, as Instrument No. 2004-0942625,
and re-recorded on October 29, 2004, as Instrument No. 2004-0858331 ("Abandonment
Agrecmc;t"); and
WHEREAS, all of the work required to be performed by the Subdivision Agreement and
Abandonment Agreement has been completed.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the above completion, City and American
Realty hereby acknowledge that all of the work required to be performed under the Subdivision
Agreement and Abandonment Agreement has been performed and completed-
- 1 -
Subdrvismn Tvunmmion Agmum=003
NVIW-FAId1 SPRINGS—vvxf
AMERICAN REALTY:
AM) RICAN REALTY TRUST,TNC.,a Georgia
i
corporation
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its: C
Date: I I O b
CITY:
i
CITY OF PALM SPRINGS, a California charter
city
ATTEST:
r Name: David H. Ready"-
Its:_ City Manager
Date: e7�tv f ) .34 zo c�-,
� � ty Clerk
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�. APPROVED BY CITY COUNCIL
zb
i
r APPROVED TO FORM:
I N�
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r Tityl Attorney
- 2 -
Subd,,,,. uul
M590-PALM1I SP21NG5--819811 I III 111111111111111111111111111111111111111111111111
IIII II IIIIIII IIIII IIIIII I III III IIIII I III 06 262 06 46100R
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j STATE OF ��q,AS )
COUNTY OF --) ��Q fl.C,t �A�•�2aoc�S
On r, 2006, before me, a Notary
Public, in and or said County and State, personally appeared T �avv
personally known to me or proved to me on the basis of satisfactory evidence'to be the person,(
whose names/ Zsubscribed to the within instrument and acknowledged to me that he/she<they—
executed the same in his/I cri authorized capacity and that by his/her/khvh--signatures on
the instrument the person�r entity upon behalf of which the personf-q)r'aeted, executed the
instrument.
WITNESS my hand and official seal.
_ t
•
L pp ~Ij*,4ss ,Notary Public
GEORGIA E BROOKS
Notary Public
Stote of TexOs
My Commission Expires
i1y December 10. 2006
STATE OF _4)
COUNTY OF 1
On 2006, before me, a Notary
Public, in and For said County and State, personally appeared
personally known to me or proved to me on the basis ol'satisfactory evidence to be the person(s)
whose natne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal-
Notary Public
- 3 -
Subdw,emn Tormmm,nn gyrocment 003
WSYt-vnl vi SPRINGS..xlex;I I IIIIII■III�II�I III�III IIIII II�III II�II III IIII�IIII I II D6 26 8 06 S f1@M
EXHIBIT "A"
i LEGAL VESCRIPTION
All that certain real property located in the City of Palm Springs, County of Riverside,
State of California, as more particularly described as follows:
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 Ol' SAID COUNTY, SAID STATE, AS
AMENDED BY CERTIFICATION OF CORRECTION RECORDED
JANUARY 23, 1986,AS INS FRUMENT NO. 16924 OF OFFICIAL RECORDS.
ALSO DESCRIBED AS:
PARCELS 1 THROUGII 8, INCLUSIVE, OF PARCEL MAP NO- 30745, IN
THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, RECORDED OCTOBER 18, 2004, AND FILED IN PARCEL
MAP BOOK 210, AT PARES 31 THROUGH 32, IN THE OFFICIAL
RECORDS OF SAID COUNTY.
EXI i IBIT"A"
1V 5�.P4id1 FVRMGS,919W—Lm 000 I I IIIIII IIIIIII I�III�III IIIII I�IIII IIIII II)Illll II I IIII 06?26 46 F6 Z 08R
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Depairtmenr of PLIbliC Works and Engineering (j
SOW A♦Ea
3200 1=. Tuhgw[z Canyon AVay - Palm Spnn�s, California 92263 �� W
lid. (760) 323-8253 ° Ca�\ (760) i212-8360 ° Web www.ct.palm-sprinlrs.aEus )4
June 12, 2006
Lockton Agencies of Dallas -
717 N. Harwood, Suite 2500
Dallas, TX 75201
Attn: Jim Baughman -
Re: Parcel Map 30745, "Destination Ramon" r
Please consider this letter as the City of Palm Springs' notice that the obligations of the
subdivision improvement agreement between the City of Palm Springs and American Realty
Trust, LLC, related to Parcel Map 30745, have been satisfied. The following subdivision
securities required by the agreement may now be released:
Monumentation Bond; Bond No. LPM8733225; $3000.00
The subdivision improvements for this development were accepted by the City on December 1,
2005. Therefore, the bond for maintenance and warranty of improvements (Bond No.
I_PM8733226; $28,500.00) shall be held in full force and effect for one year until December 1,
:2006, at which time it may be released unless otherwise notified by the City of Palm Springs.
If you have any questions, I can be reached at (760) 323-8253, extension 8741.
Sincerely,
Carol Templeton
Engineering Associate
Cc. Stan Rothbart, Rothbart Development Corporation, 1801 Ave. of the Stars, Suite 920,
Los Angeles, CA 90067 - via facsimile: (310) 277-6388, Jim Baughman, Lockton
Agencies of Dallas — via facsimile: (214) 720-3499, John G. Mayfield, Prime Income
Asset Management, Inc. — via facsimile: (469) 522-4215,James Thompson, City Clerk;
PM30745 file
Post Office Box 2743 • Palm Springs, California 92263-2743
� pALM SA
City ®f Palm Springs
h ?'
V N
* Office of the City Clerk
O O
* C' ORFiEO, * 3200 E. Tahquitz Canyon Way • Palm Springs,California 92262
O,qZiFpR��P Tel: (760)323-8204 • Fax: (760)322-8332 • Web wwwci.pahn-springs.ca.us
December 5, 2005
Mr. Stan Rothbart
Rothbart Development Corporation
1801 Avenue of the Stars, Suite 920
Los Angeles, CA 90027
Re: Parcel Map 30745 — Destination Ramon (A4975)
Dear Mr. Rothbart:
The obligations of the subdivision improvement agreement, between the City of Palm Springs
and Rothbart Development Corporation relating to Parcel Map 30745, have been satisfied;
therefore, the following is being released and returned:
1. Faithful Performance Bond No. LPM8733224 in the amount of$190,000; and
2. Labor and Materials Bond No. LPM8733224 in the amount of$95,000.
Please feel free to call our office if there are any questions, (760) 323-8204.
Sincerely,
Kathie Hart, CIVIC
Chief Deputy City Clerk
/kdh
Encl.
Faithful Performance Bond
Labor and Materials Bond
c: Marcus Fuller, P.E., P.L.S.
Asst. City Engineer (w/ Encl.)
Carol Templeton
Engineering Associate
Jim Baughman, Lockton Agencies of Dallas —via facsimile (214) 720-3499
File —A4975 (w/ Encl.)
PW-Engineering\Release of Bonds-Itr Rothbart PM 30745.doc
Post Office Box 2743 0 Palm Springs, California 92263-2743
?ALM
City of Palm Springs
rt '
" Mo, • Department of Public Works and Engineering
3200 E.Tahquicz Canyon Way • Palm Springs, California 92262
CqC 1 Fpp NAP Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.ci.palm-springs.ca.us
y. cn
December 1, 2005 , s
_ r
Lockton Agencies of Dallas
717 N. Harwood, Suite 2500 Fo r,F=i
Dallas, TX 75201 - — -
,Attn: Jim Baughman
Re: Parcel Map 30745, "Destination Ramon"
Please consider this letter as the City of Palm Springs' notice that the obligations of the
subdivision improvement agreement between the City of Palm Springs and American Realty
Trust, LLC, related to Parcel Map 30745, have been satisfied. The following subdivision
securities required by the agreement may now be released:
• Faithful Performance Bond; Bond No. LPM8733224; $190,000.00
• Labor and Materials Bond: Bond No. LPM8733224; $ 95,000.00
The subdivision improvements for this development were accepted by the City on December 1,
2005. Therefore, the bond for maintenance and warranty of improvements (Bond No.
LPM8733226; $28,500.00) shall be held in full force and effect for one year until December 1,
2006, at which time it may be released unless otherwise notified by the City of Palm Springs.
The bond for monumentation (Bond No. LPM8733225; $3000.00) will be held until the City
receives a letter from the project surveyor indicating that the monuments for Parcel Map 30745
have been set and that they have been paid for this work.
If you have any questions, I can be reached at (760) 323-8253, extension 8741.
Sincerely,
eXU4- (- z�-
Carol Templeton
Engineering Associate
CC.: Stan Rothbart, Rothbart Development Corporation, 1801 Ave. of the Stars, Suite 920,
Los Angeles, CA 90067- via facsimile: (310) 277-6368,
Jim Baughman, Lockton Agencies of Dallas- via facsimile: (214) 720-3499
James Thompson, City Clerk
PM30745 file
Post Office Box 2743 0 Palm Springs, California 92263-2743
CITY OF PALM SPRINGS
FAITHFUL PERFORMANCE BOND
Bond No. : LPM8733224
WHEREAS, the City Council of the City of Palm Springs, State of California, and
American Realty Trust, Inc. (herein designated as "Principal") have entered
into an agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated , 20_, and identified as
�P."cPi n*an 'tn745 is hereby referred to and made a part hereof; and
WHEREAS, Principal is required under the terms of said agreement to furnish a bond
for the faithful performance of said agreement.
Fidelity and De osit
NOW, THEREFORE, we, the Principal and Company of Maryland as surety,
are held,firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal
sum of One Hundred Ninety Thousand dollars ($ 190,000.)Olhwful 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
Faithful Performance Bond
IT WITNESS WHEREOF, this instrument has been duly executed by the principal and
surety above named, on Sept. 22nc20 04
Americaf Realty Tr st, QInc
Fidelity and Deposit Company of Maryland
Principal ts,q,4 S. 4t-t.Ars,o Surety
Vf cc
Attorney--Gin-Fact Karen Kubica
Page 2 of 2
CITY OF PALM SPRINGS
LABOR AND MATERIALS BOND
Bond No. : LPM8733224
WHEREAS, the City Council of the City of Palm Springs, State of California, and
American Realty Trust, lnc. (hereinafter designated as "Principal") have entered
into an agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated , 20, and identified as
p a.rcel Vap 30745 is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City of
Palm Springs to secure the claims to which reference is made in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held
firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the aforesaid agreement and
referred to in the aforesaid Civil Code in the sum of Ninety Five Thousand dollars ($99000.00
), for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the
same in an amount not exceeding the amount hereinabove set forth, and also in case suit is
brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to
be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
Page 1 of 2
Labor and Materials Bond
IT WITNESS WHEREOF, this instrument has been duly executed by the principal and
surety above named, on September 22nd , 2004
Ameri an Realty Trust, c.
Fidelity and Deposit Company of Maryland
Principal {RAJ .tf,� n��t� Surety /
Ji
Attorney-in-Fact Karen Kubica
Page 2 of 2
ACKNOWLEDGMENT BY PRINCIPAL
STATE OF
COUNTY OF
On This ) ,-"" day of �'t a ti,.f�- : , 20 04, before me personally came
known to me to be the
(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 in the certificate first above written.
yy [�, y p
N"�
�CARt'iL`CV*38. AUNER Notary Public
Notary Public ry
,'aW of Texas
My commisai�on
u� th
ACKNOWLEDGMENT BY SURETY
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 FidelitV 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.
Notary Publi Kelly Ann Westbrook
My Commission Expires: October 9, 2006
_ a X.
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P�_ICU u "; aid kaiRE'• o
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Pact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the loth day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 22nd dayof September 2004
Assistant See,etmy
U; C)AT
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 S aryland,by PAUL C.
ROGERS,Vice President,and T.E. SMITH,Assistant Secretary, in pursuance of u y Article VI, Section 2,
of the By-Laws of said Companies,which are set forth on the reverse d ere o ted to be in full force
and effect on the date hereof, does hereby nominate, consti es G city A.
WESTBROOK and Karen KUBICA,all of D gp , it en and Attorney-in-Fact,to
make, execute, seal and deliver,for,4an e d t eed: any and all bonds and
undertakings EXCEPT bo s tde o ,Community Survivors and Community
Guardians. and th o s gs m pursuance of these presents, shall be as binding upon said
Companies,as fully � purposes,as if they had been duly executed and acknowledged by the
regularly elected off��Cdrh ny at its office in Baltimore,Md.,in their own proper persons. This power of attorney
revokes that issued o 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
0i;_
DW
U is z6i
By:
T E. Smith Assistant Secretary Paul C Rogers Vice President
State of Maryland 1
City of Baltimore f ss.
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.
�rava`A1't'
M. Dennis R. Hayden Notary Public
My Commission Expires: February 1,2005
POA-F 168-0301
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,
ear; for'2004, 10% of
direct earned premium in the prior year; and for 2005, 15% of direct earned 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:
I. 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 Companv 2003
DOC a 2004-0042624
10/25/2004 08:00p Fee:NC
Page 1 of 26
RECORDING REQUESTED BY: Recorded in official Records
CITY OF PALM SPRINGS County of Riverside
Gary L. Orso
Assessor, County Clerk & Recorder
AND WHEN RECORDED MAIL TO: I IIIIII 11011 IIIIII 11111111 III 11111111111
City of Palm Springs M S U PAGE SIZE DA POOR NOCOR SMF MISC
P. O. Box 2743
Palm Springs, CA 92263
Attn: City Clerk
A R L COPY LONG REFUND NCHG E%
SPACE ABOVE FOR RECORDER ONLY
SUBDIVISION IMPROVEMENT AGREEMENT 12:
American Realty Trust
Wal-Mart Project
American Realty Trust
Subdivision Improvement(Wal-Mart)
AGREEMENT#4975
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 Settings\KathyMMy Documents\RECORD.REQ.dcc
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
AMERICAN REALTY TRUST, INC.
A GEORGIA CORPORATION
IIIIIIIIIIIIIIIIII III IIIII III III III IIIIIIIII IN10 20@2 f 26200R
TABLE OF CONTENTS
1.Construction Obligations . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.14 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . 3
2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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
�m
3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
mN 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
mmo
YNm 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
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4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
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
i
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
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered
into this / day of A,�/�v , 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 ("Subdivider").
RECITALS
A. Subdivider is the groundlessee of a portion of land, and has obtained approval
of a subdivision map for Parcel Map No. 30745, 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 separate instrument, has offered
dedication to the City of Palm Springs right-of-way for a bus-turn out, and an easement for
bikepath and sidewalk 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
m Based upon the foregoing Recitals which are incorporated herein by reference and
m N in consideration of City's approving the Map for the Property and permitting development of
a m o the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth
�" herein.
SL N
0
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 $190,000.00.
1.2 Other Obliqations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
1
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
a m materials, labor, tools, equipment, utilities, transportation, and incidentals required to
ti mN perform Subdivider's obligations under this Agreement.
1.6 Changes in the Work. The City Engineer, without invalidating this Agreement
n,m 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.
2
r
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no
representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City 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 contractors) regarding the Works of Improvement.
Subdivider shall cause its contractor to furnish the City with every reasonable facility for
ascertaining whether or not the Works of Improvement as performed are in accordance with
the requirements and intent of this Agreement, including the Plans. If the City inspector
requests it,the contractor at any time before acceptance of the Works of Improvement shall
remove or uncover such portions of the finished work as may be directed which have not
previously been inspected. After examination, the contractor shall restore said portions of
the work to the standards required hereunder. Inspection or supervision by the City shall not
be considered as direct control of the individual workmen on the job site. City's inspector
shall have the authority to stop any and all work not in accordance with the requirements
contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider orthe contractor of any
obligations to fulfill this Agreement as herein provided, and unsuitable materials orwork 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
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shall then be the same as specified above for the contractor's initial request for final
inspection. If items are found by City's inspector to be incomplete or not in compliance after
two (2) "final" inspections, City may require the contractor, as a condition to performing
further field inspections, to submit in writing a detailed statement of the work performed
subsequent to the date of the previous inspection which was found to be incomplete or not
in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of Improvement
shall be construed as final acceptance of any part until the overall final acceptance by City
is made. Final acceptance shall not constitute a waiver by City of defective work
subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall
be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below,
Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2
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, Subdividers
time forcommencement 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
4
IIIIII IIII I IIIII III IIIIII I I IIIIII III IIII IIIII o 10 200 08�00R
8 £ 8
its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for
performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his
decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently
pursued to completion, and shall not abandon the work for a consecutive period or more
than thirty(30) days, events of Force Majeure excepted.
2.5 Reversion to 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 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.
5
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4 8
4. Security.
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City
the following bonds, letters of credit, instruments of credit (assignment of deposit account)
or other security acceptable to City in its sole and absolute discretion and satisfying the
requirements of the applicable provisions of this Section 4 below (hereinafter "Security
Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$190,000.00 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
$95,000.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of$3,000.00 equal to 100% of the cost
thereof. ,
This Agreement shall not be effective for any purpose until such Security Instruments
are supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the City
Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for
a period of one (1) year following said acceptance ("Maintenance and Warranty Security
Instrument"), in the amount of$28,500.00 equal to 15% of the estimated construction cost
set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the amounts
required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum
requirements and otherwise shall be in a form provided by City or otherwise approved by the
City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond
must be issued and executed by an insurance company or bank authorized to transact
surety business in the 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
6
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00?e 08600fl
of
default under its payment or performance obligations hereunder or in the event Subdivider
fails to deliver a replacement letter of credit not less than thirty(30)days prior to the date of
expiration of any such letter of credit and shall further be subject to the provisions of Section
4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of Credit,
any Instrument of Credit shall be an assignment of deposit account assigning as security to
City all of Subdivider's interest in funds on deposit in one or more bank accounts with
financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the City
of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the
deadline for Subdivider's completing the Works of Improvement, 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 after written 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
I` 7
IIIIIII IIIIII IIIIII III II E IIII IIIIIIII` I`III IIIIII III IN 10 200 I OO fB 26
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)Subdividerhas 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
8
I IIIIII IIIIII IIIIII III IIIIII IIII IIIIIII III IIIIII III IIII 10 M 2904f08600R
Property, with acceptance to become effective upon completion and acceptance by City of
the Works of Improvement. Such resolution(s)shall authorize the City Clerk to execute the
Certificate made a part of the Map regarding said acceptance of the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against
defective materials and workmanship for a period of one (1) year from the date of final
acceptance. If any of the Works of Improvement should fail or prove defective within said
one(1)year period due to any reason 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 rmay 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
111111111311111111111111111111111111IIIIII11IIIIN �0010of 2600R
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and
City's officers, employees, and agents from and against any and all claims, liabilities, losses,
damages, causes of action, and obligations arising out of Subdivider's failure to perform the
construction and installation of the Works of Improvement in accordance with the
requirements contained or referenced in this Agreement. Said indemnity obligation shall
apply to personal injury, death, property damage, economic loss, and any other monetary
damage or penalty to which City may be subjected, including without limitation, attorney's
fees and costs and the costs of realizing on any Security Instrument provided by Subdivider
pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss
resulting from City's sole negligence or willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property and
any portion thereof.
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 Authoritv. 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
IIIIII IIIIII IIIIII III IIIIII IIII 11111111111111111111111 10 20�14 2 0of' 2600R
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
Patricia A. Sanders, City Clerk David H, Ready, C' anager
RECOMMENDED BY:
-0—
City Engineer
APPROVED BY THE CITY COUNCft
SUBDIVIDER: BYRES. No. �r//p�z
AMERICAN REALTY TRUST, INC., a Georgia corporation II AI 97J
(Check One: _ individual, _partnership, X _corporation)
By: n /
Signature "GG
By: Dan S. Allred, Vice President
Name and Title
Mailing Address:
1800 Valley View Lane
Dallas, TX 75234
APPROVED AS TO FORM
torney
)ate
IIIIII fill IIMIIII III IIIIII III 11 Ia 2501 0a£026e@R
11
ALL-PURPOSE ACKNOWLEDGMENT
State of C Lv � « CAPACITY CLAIMED BY SIGNER
County of ❑ INDIVIDUAL(S)
❑ CORPORATE
On b Sn,.,2,2 C.f\4 before me �� s� Wye v�5zl Abl4 p\4�l e OFFICER(S)
Date Name, Title of Officer 11 TITLE(S)
personally appeared S�I�r.i, 5. �Av-e d 1 ❑ PARTNER(S)
NAME(S)OF SIGNER(S) ❑ ATTORNEY-IN-PACT
❑ TRUSTEE(S)
❑personally known to me - OR- ❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
tz
to be the person whose namc(4 ❑ OTHER
dged to me hat h s /they executed
that by is/ r/their signature) on
ent the person(' or the entity upon behalf of which the persons(I acted,executed
the instrument. SIGNER IS REPRESENTING:
Witnes s h lcia eal. a JACQUELINE RANGEL L
""`�, Commission# 1388173 z
Notary Public-California n
Riverside COUnty
My Comm.-expires Dec 3,2006 J
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this
certificate to rmauthorized document.
6 l
THIS CERTIFICATE Title or Type of Document C " _' o 1�
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages I ( _DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
I IIIIII IIIIII IIIIII III IIIIII IIII IIIIIII III IIIIII III IIII 10 2004-6842624
25,26 04 08 600R
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ss.
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MVCarrm.EVm*Moy21,2000I signaturon the instrument the person(7s, , or
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acted, executed the instrument.
WITNESS my hand and official seal.
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Sre('of Notary bll
OPTIONAL
Though the information below is 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: S_) k ( t+'1.5 r ° s1 I m po o d Pm P vll { Jn r P pvY//t Pnrt
Document Date: Number of Pages:
Signer(s)Other Than Named Above:Q.(,f11�� V t r a k,104 1 f7 U Xa,
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I IIIIII IIIIII IIIIII III IIIIII IIII IIIIIII III 111111 III 1111 i0 22094-0842624
170of 28 0R
EXHIBIT "A"
TENTATIVE PARCEL MAP 30745 LEGAL DESCRIPTION
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.
Illlll Illlll Illlll III I IIII IIII1111111111111111111
II 10 215018 of WAer 26
EXHI BIT'B"
TENTATIVE PARCEL MAP 30745 CONDITIONS OF APPROVAL
IIIIII IIIIII IIIIII III IIIIII IIII IIIIIII III IIIIII III IIII 10120019$08600E
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 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 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
applicanf'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 blkeway 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
IIIIIII IIIIII IIIIII III IIIIII IIII IIIIIII II IIIIIII II III 10 2004-0842624 200of 2 6
00R
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 shalt 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 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.
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
8. 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 ail ground disturbing activities including clearing and grubbing,
excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua
llllll I�IIII llllll III llllll IIII IIIII�I III IIIIIII II III 10f2002 0of2624 600e
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 Callente 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 30 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 avigatlon 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 8.60 of the Municipal Code
for specific requirements.
Illlllllllllllllfllllll(IIIIIIIIIIIlII IIIII 11 IN 10 200s�08608R
17. 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.
18. The project shall comply with the City of Palm Springs Transportation Demand Management
(TDM) 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 II 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 B 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
IIIIIIIIIIIIIIIIII III 111111 IIII 11111111111111111 IN 102AA 200of08600R
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 furniture, 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 Glass 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 Read 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 2008 (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
W 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.
'� IIIIIIIIIIIII IIIIII III IIIIII IIIIIIIIIIIIII IIIIIII�I III 205
1020 oof 8600R
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 (j) 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 improvements as necessary, subject to the approval of the City Engineer. Ebtimates 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
I
re 2004-0842024
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII rasr25 of 260R
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.
IIIIIIIIIIIIIIIIII III IIfIIIlllllllilll 111 111 II II 10 2504-0
200$42624 08sOOR
26 0£ 26