HomeMy WebLinkAbout6/18/2008 - STAFF REPORTS - 2.L. �O4pALMSp4
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gLIFORt�` City Council Staff Report
June 18, 2008 CONSENT CALENDAR
Subject: TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT MAP 31514 WITH CRV PALM SPRINGS, LP, A
CALIFORNIA LIMITED PARTNERSHIP.
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
CRV Palm Springs, LP, is requesting a 1-year extension of time for the Subdivision
Improvement Agreement (Agreement No. 5155) for Tract Map No. 31514 ("Luminaire").
Nineteen homes of this 61 lot single family subdivision have been constructed to date.
Due to real estate market conditions, the developer is requesting an extended period of
time to complete remaining improvements within the project. Staff recommends a 1 year
extension of time be granted.
RECOMMENDATION:
1) Approve a one-year extension of time for the completion of improvements
associated with Subdivision Improvement Agreement, (Agreement No. 5155) for
Tract Map 31514, with CRV Palm Springs, LP, a California Limited Partnership.
STAFF ANALYSIS:
On September 7, 2005, City Council approved a Final Map for Tract No. 31514, a 61 lot
single family subdivision, and a corresponding Subdivision Improvement Agreement
(Agreement No. 5155), with the developer, CRV Palm Springs, LP, a California Limited
Partnership. The agreement secures the cost of constructing certain on-site and oft-site
public improvements necessary for the subdivision.
The original expiration date for the agreement was April 27, 2007. However, due to the
downward trend in the real estate market, the developer requested and received two
administrative time extensions by the City Engineer, extending the expiration of the
Subdivision Improvement Agreement to June 18, 2008. The developer has not
completed the improvements required under the Subdivision Improvement Agreement,
by the revised expiration date of June 18, 2008. ITEM NO. J 'L^ '
City Council Staff Report
June 18, 2008
TM31514 Subdivision Improvement Agreement Time Extension
On June 6, 2008, the City Engineer received a written request from the developer for a
one-year time extension. There remain several items of on-site work that have not been
completed. The improvements remaining to be completed are final asphalt paving of on-
site streets, installation of on-site pavers in two locations, repair or replacement of
damaged on-site curb and gutter, final adjustment to grade of sewer manholes and
water valves, final approval of on-site sewer and water systems, installation of stop bar
and legend at project entrance, installation of drywell at retention basin, completion of
concrete work at the bottom of the bikepath at the E. Palm Canyon Drive frontage road,
and subdivision monumentation.
Nineteen o f the 61 h omes have been constructed; 18 ho mes are currently owner
occupied, and the remaining 1 home is vacant. None of the 18 owner occupied units
have fully paved streets. Typically, construction of homes occurs within the time frame
allowed by the Subdivision Improvement Agreement. However, due to the recent
downward trend in the real estate market, home construction in the final construction
phases has slowed.
It is staffs recommendation that a one-year time extension be granted at this time, to
allow the developer to complete construction of the project. As a condition of the
extension: 1) Searchlight Lane (Lot "B") and Candlelight Lane (Lot "C", up to the east
property line of 3003 Candlelight Lane) shall have the top lift of asphalt paving installed,
as well as repair or replacement of damaged curb and gutter in the same locations; 2)
the stop bar and legend shall be installed at the project entrance; and 3) the vacant
property must be stabilized and maintained in accordance with the City's PM-10
Ordinance. This work shall be completed within 3 months (by September 18, 2008). If
the real estate market has not improved and house construction remains slow, staff will
revisit the issue with the developer for a subsequent time extension for the Subdivision
Improvement Agreement, or calling of the bonds to complete the improvements, as
appropriate, at that time.
FISCAL IMPACT:
Noneo
�` \C
David J. Barakian Thomas J. Wiln
Director of Public Works/City Engineer Assistant City onager
David H. Ready, Cit i
Attachments:
1) Vicinity Map, 2) Subdivision Improvement Agreement
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DOC # 2005-0885162
10/26/200B 08:OOA Fee:NC
Page 1 of 32
Recorded in Official Records
RECORDING REQUESTED PR Larry W. Ward
County of Riverside
CITY OF PALM SPRINGS RsSeSSor, County Clerk & Recorder
AND WHEN RECORDED MAIL TO: I(IIIII IIIIIII��I IIIIIII IIIII III(IIIII III IIIII(III III
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263 M 5 U PAGE SIZE DA PCOR NOCGR W MISC
Attn: Office of the City Clerk !
AlRIL CQPY LONC REFUND NNCCHG ExM1 (dam'
Filing fee EXEMPT per Government Code 6103
A5155 DN
Subdivision Improvement Agreement
CRV Palm Springs, L.P.
Title of Document
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Apples)
H 1u5GQ5\C-CLMREcordeM1RFCORp RED doe
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
CRV PALM SPRINGS, L.P,
A CALIFORNIA LIMITED PARTNERSHIP
TABLE OF CONTENTS
1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
12 Other Obligations Referenced in Conditions of
Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1A Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . 2
1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1,12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.14 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.3 Force Majeure . . . . . . . . . . . 4
. . . . . . . . . . . . . . . . . . .
2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . 7
4.5 Release of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5. Cost of Construction and Provision of Inspection
Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.1 Subdivider Responsible for All Related Costs of
Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.2 Payment to City for Cost of Related Inspection
and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6, Acceptance of Offers of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8- Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8.1 Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11. Corporate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT(this "Agreement") is entered into this
day of , 2005, by and between the CITY OF PALM SPRINGS,
a municipal corporation or the State of California ("CITY"), and CRV PALM SPRINGS, L.P., a
California Limited Partnership ("Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract
Map No. 31514, located in the City of Palm Springs, County of Riverside, State of California (the
"Property"), as described on Exhibit "A". The map contains conditions of approval for the
development of the Property(the "Conditions") as described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City
of Palm Springs Lot "A" for public street and public utility purposes; an easement for public utility
purposes, including sewers, with the right of ingress and egress for service and emergency vehicles
and personnel over tots "B" through "D", inclusive; an easement for bikepath and pedestrian
purposes as shown on the Map; an easement ten (10)feet in width for public utility purposes shown
on the map as "10' PUE"; an easement twenty(20) feet in width for sewer purposes, as shown on
the Map; dedication of abutters rights of access along East Palm Canyon Drive; and City desires to
accept said dedication and certain other improvements as described in this Agreement-
C. Subdivider has delivered to City and City has approved plans and specifications and
related documents for certain "Works of Improvement" (as hereinafter defined) which are required
to be constructed and installed in order to accommodate the development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement pursuant
to this Agreement and its public dedications and other improvements, as described in this
Agreement, are a material consideration to City in approving the parcel map for the Property and
permitting development of the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in
consideration of City's approving the Map for the Property and permitting development of the
Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.
1. Construction 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 maybe 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 $1 468 000.00.
1.2 Other Obligations Referenced in Conditions of Tentative Mao Approval. In addition to
the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the
Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B"
attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a
complete work of improvement which Subdivider shall perform or cause to be performed in a manner
1 000Q�8
acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the
terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility,
even though the Plans may not specifically call out all items of work required for the contractor to
complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider or its
contractor shall immediately notify its design engineer who will seek approval of the City Engineer for
furnishing of detailed instructions. In the event of any doubt or question arising regarding the true
meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon
shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations
affecting the requirements and information given on the Plans shall be in writing and approved by the
City Engineer.The Plans shall be supplemented by such working or shop drawings as are necessary
to adequately control the work. Without the City Engineer's prior written approval, no change shall be
made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing
after it has been stamped as approved.
1.4 Survey Monuments, Before final approval of street improvements, Subdivider will place
survey monument(s) as shown on the Map in accordance with the provisions of the State
Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall
provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the
monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of
the setting of said monument(s) and written proof of having paid the engineer or surveyor for the
setting of said monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials,
labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's
obligations under this Agreement.
1.1i Chanties in the Work. The City Engineer, without invalidating this Agreement and
without notification to any of the sureties or financial institutions referenced in Paragraph 4, may
order extra work or may make changes by altering or deleting any portion of the Works of
Improvement as specified herein or as deemed necessary or desirable by the City Engineer as
determined necessary to accomplish the purposes of this Agreement and to protect the public
health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in
writing (by Correction Notice)at the time a determination has been made to require changes in the
work. No field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or
otherwise make acceptable any work found by the City Engineer to be defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by
or on behalf of Subdivider or its consultants or contractors, and City makes no representation or
Warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the
Plans or related documents.
1.9 Authority of the City 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.
2 2R
1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy
Of all approved Plans at the job site and shall give access thereto to the City's inspectors and
engineers at all times.
1.11 Inspection,. Subdivider shall have an authorized representative on the job site at all
times during which work is being done who has full authority to act for Subdivider, or its design
engineer, and Subdivider's contractor(s) regarding the Works of Improvement_ Subdivider shall
cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not
the Works of Improvement as performed are in accordance with the requirements and intent of this
Agreement, including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the finished work
as may be directed which have not previously been inspected.After examination, the contractor shall
restore said portions of the work to the standards required hereunder. Inspection or supervision by
the City shall not be considered as direct control of the individual workmen on the job site. City's
inspector shall have the authority to stop any and all work not in accordance with the requirements
contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of any
obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be
rejected notwithstanding that such materials or work may have been previously overlooked or
accepted.
1.12 Compliance Wilh Law. In addition to the express provisions of this Agreement and the
Plans, Subdivider shall cause construction of the Works of Improvement to be completed in
accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order suspension of the
work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension
of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials
and shall store them properly if necessary and shall provide suitable drainage and erect temporary
structures where necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has
completed all of the Works of Improvement, Subdivider shall then request a final inspection of the
work. If items are found by the inspector to be incomplete or not in compliance with this Agreement
or any of the requirements contained or referenced herein, City will inform the contractor of such
items. After the contractor has completed these items, the procedure shall then be the same as
specified above for the contractor's initial request for final inspection. If items are found by City's
inspector to be incomplete or not in compliance after two(2)"final"inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a detailed
statement of the work performed subsequent to the date of the previous inspection which was found
to be incomplete or not in compliance at that time
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall
be construed as final acceptance of any part until the overall final acceptance by City is made. Final
acceptance shall not constitute a waiver by City of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the
date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below,
Subdivider shall(i)commence with construction and installation of the Works of Improvement thirty
3
30 da s following City's approval of the Plans("Commencement Date"),and(h)complete or cause
to be completed all of the Works of Improvement two (2)years after the Commencement Date.
Extensions of time for completion of the Works of Improvement may be granted upon approval by
the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the
City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his
designee.
2.2 Phasinq Requirements. Notwithstanding the provisions of Section 2.1, City reserves
the right to control and regulate the phasing or 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 Ma)eure. Notwithstanding the provisions of Section 2.1, Subdivider's time for
Commencement and completion of the Works of Improvement shall be extended for the period of
any enforced delay caused due to circumstances beyond the control and without the fault of
Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes,
strikers, lockouts, acts or failures to act of a public agency(including City), required changes to the
scope of work required by City, and similar causes; provided, however, that the period of any
enforced delay hereunder shall not include any period longer than five(5)days prior to City's receipt
of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force
Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of Improvement
(or separate portion thereof), Subdivider shall cause such work to be diligently pursued to
completion, and shall not abandon the work for a consecutive period or more than thirty(30) days,
events of Force Majeure excepted.
2.5 Reversion to 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,
4 006012
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.
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$1 468.000,00 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$734. 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$22.300.00 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)yearfollowing
said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of$220,200,00
equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount
determined by the City Engineer.
5 ����
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, 08a58. Any bank acting as surety shall have a minimum rating of AA, as rated by
Moody's or Standard & POor's.
(b) Letters of Credi . For Security Instruments which are letters of credit, any letter of credit
shall be an original separate unconditional, irrevocable, negotiable and transferable commercial
letter of credit issued by a financial institution with offices in the State of California acceptable to City.
Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the
City Engineer of the City that Subdivider is in default under its payment or performance obligations
hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty
(30)days prior to the date of expiration of any such letter of credit and shall further be subject to the
provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any
Instrument of Credit shall be an assignment of deposit account assigning as security to City all of
Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions
acceptable to City-
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with
respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm
Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1)year after the deadline
for Subdivider's completing the Works of Improvement, in accordance with Section 2,1 (other than
Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of
Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and
without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City
to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to
facilitate City's realization under any Security Instrument, and to take no action to prevent City from
such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or
the subsequent expiration of any Security Instrument or any failure by any surety or financial
institution to perform its obligations with respect thereto, Subdivider shall be personally liable for
performance under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10) days after
written demand therefor, deliver to City such substitute security as City shall require satisfying the
requirements in this Section 4.
6 6808213
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4,2(b), City shall be entitled to
draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1)
year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not
less than thirty(30) days prior to the expiration of the original letter of credit, such substitute letter of
credit being in the same amount and having the terms and conditions as the initial letter of credit
delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of
the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and
absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit
or to hold such funds in an account under the control of the City, with no interest accruing thereon for
the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the
foregoing, City may thereafter at any time elect instead to apply such funds as provided in the
foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent
required for City to realize on its interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and perfection of City's security
interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials
Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of
all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) subject to the following sentences after passage of the time within which lien claims are
required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15
of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall
hold the Labor and Materials .Security Instrument until such claims have been resolved, Subdivider
has provided a statutory bond, or otherwise as required by applicable law-
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no claims are
outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible
for payment of all costs incurred for construction and installation of the Works of Improvement. In the
event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such
reimbursement shall be subject to a separate Reimbursement Agreement to be entered into
between Subdivider and City prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Enaineering_Services. Subdivider
shall compensate City for all of City's costs reasonably incurred in having its authorized
representative make the usual and customary inspections of the Works of Improvement. In addition,
Subdivider shall compensate Cityfor all design,plan check,evaluating any proposed oragreed-upon
7 GO 4
changes in the work. The procedures for deposit and payment of such fees shall be as established
by the City Council. In no event shall Subdivider be entitled to additional inspections or a final
inspection and acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and additional required
inspections.
6. Acceptance of Offers_ of Dedication. The City Council shall pass as appropriate
resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with
acceptance to become effective upon completion and acceptance by City of the Works of
Improvement. Such reselution(s)shall authorize the City Clerk to execute the Certificate made a part
of the Map regarding said acceptance of the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against
defective materials and workmanship for a period of one (1)year from the date of final acceptance.
If any of the Works of Improvement should fail or prove defective within said one(1)year period due
to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or
should any portion of the Works of Improvement fail to fulfill any requirements of the Plans,
Subdivider,within fifteen (15)days after written notice of such defects, or within such shorter time as
may reasonably be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in so doing.
Should Subdivider fail to remedy defective material and/or workmanship or make replacements or
repairs within the period of time set forth above, City may make such repairs and replacements and
the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider.
The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or
other obligations otherwise imposed by law-
8- Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific
remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not
exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it
may by entitled.
8.2 City 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 Atlorney's Fees and Costs. In the event that Subdivider fails to perform any obligation
under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing
performance of such obligations, including costs of suit and reasonable attorney's fees. In the event
of any dispute arising out of Subdivider's performance of its obligations under this Agreement or
under any of the Security Instruments referenced herein, the prevailing party in such action, in
addition to any other relief which may be granted, shall be entitled to recover its reasonable
attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal,
and in addition a parry entitled to attorney's fees and costs shall be entitled to all other reasonable
costs incurred in investigating such action, taking depositions and discovery, retaining expert
witnesses, and all other necessary and related costs with respect to the litigation. All such fees and
costs shall be deemed to have accrued on commencement of the action and shall be enforceable
whether or not the action is prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's
officers, employees, and agents from and against any and all claims, liabilities, losses, damages,
causes of action, and obligations arising out of Subdivider's failure to perform the construction and
installation of the Works of Improvement in accordance with the requirements Contained or
referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death,
property damage, economic loss, and any other monetary damage or penalty to which City may be
subjected, including without limitation, attorney's fees and costs and the casts 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 sale 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 parry beneficiary rights in this Agreement in any contractor, subcontractor, member of the
general public, or other person or entity.
10.3 Entire Aareement• Waivers and Amendments. This Agreement integrates all of the
terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and
previous agreements between the parties with respect to all or part of the subject matter hereof,
except as may be expressly provided herein.All waivers of the provisions of this Agreement must be
in writing and signed by an authorized representative of the party to be charged, and all
amendments hereto must be in writing and signed by the appropriate representatives of both parties.
11. Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant the (1) such party is duly organized and existing, (a) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement,such
party is formally bound to the provisions of this Agreement, and (iv) the entering into of this
Agreement does not violate any provisions of any other Agreement to which said party is bound.
(Signatures on Next Page)
9 QQt�Q
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
�� 1
t.ANDARD:
s Thompson, City Clerk David H. Ready, Ity an
FORM CITY ATTORNEY APPROVED AGREEMENT
NDED BY:
APPROVED BY CITY COUNCIL
n mM t oy F l
David Barakian, City Engineer
SUBDIVIDER:
CRV PALM SPRINGS, L.P., a California Limited Partnership
By: Capstone Residential Venture XXVIII (GP/Palm Springs) LLC, a Delaware limited liability
company
By: Capstone Residential Venture XXVIII LLC, a Delware limited liability company, its sole
Member
By: Capstone Realty Advisors, LLC, a Delaware limited liability company, its Operating Member
Check one: Individual_Partnership_Corporation' ,r Company
'Note, for Corporations, two corporate officers must sign this Agreement, as indicated below: for all others, authorized
agents must sign this AAg�r{eemeent,
By: '�" } By:
Signature(notarized) t r� Signature(notarized)
Name: Alen-ZikaicisJ1���hh 'T�c-1rName:
Title: sole:;e�;��AA ,,rW i7ed Title: _
(For Corporations,this Agreement musThe signed in the For Corporations, this Agreement must be signed in the
above space by one of the following Chairman of the above space by one of the following: Secretary. Chief
Board, President or any Vice President) Financial Officer or any Assistant Treasurer)
Mailing Address:
Capstone Realty Advisors, LLC
9255 Towne Centre Drive, Suite 520
San Diego, CA 92121-3038
(858)456-5600
(858)456-5601 (fax)
10 060 I 7
ALL-PURPOSE ACKNOWLEDGMENT
7e(
f / n7/GL.. CAPACITY CLAIMED BY SIGNER
of !.Q ❑ [NDIVIDUAL(S)
❑ CORPORATE
[ �, ��before mePrr/ �/IJl/ZZtiI�D OFFICER(S)
Date LL T r Name,Tide of Officer TITLE(S)
lly appeared (V'l /f4er ❑ PARTNER(S)
NAME(S)OF SIONER(S) ❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
nally S7lown to me-OR- ❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSF,RVATOR
ed to me on the basis of,satisfactory evidence to be the persons(s) whose name(s) is/are ❑ OTHER
ed to the within hisErumem and aclawwledged to me that he/she/they executed the same in
hetf authorized capacity(ies), and thatby his/hur/their signamic(s) an the instrument die
)or die entity upon behalf of which me persons(s)acted, executed the atsuument. SIGNER IS REPRESENTING:
my hated att Cfieial sexy' — - SHERRI CANNIZZARO
Commission# 1578837
Signature of Nora ,-�,••• Notar/Public-Callfomia
San Diego County
MV Comm-Expires Ocl 10,2005
ATTENTION NOTARY: Although die information requested below is OPTIONAL, it could prevent fraudulent artauhmctit of this cerrifcate to
wiaudiorind document.
TINS CERTIFICATE Tide or Type of Document
MUST BE ATTACHED
TO I HE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s)Other Than Named Above
State of California )
)ss.
County of Riverside )
On �� b ��, olC1�S` before me, Carrie Rovnev, Notary Public
Dale Name mid Title of Officer
personally appeared -----—------------------------- David H. Ready - ---------------------------
Naine(s)of Si-ner(s)
® personally known to me
to be the persons)whose name(s)is/arc subscribed to the
within instrument and acknowledged to me that be/shehhcy
CARRIE ROVNEY executed the same in his/f=rAheir authorized capacity(ies),
Carambslon#134M7 and that by his/her/their signatures(s)on the instrument the
.-W Notary Public-Colkxnia person($), or the entity upon-behalf of which the person($)
RW� Wo County acted, executed the instrument
MyCatvn.6q�lras Mor26,2006�
WITNESS hand and official seal
Signature of Notary Pulue
State of California )
)ss.
County of Riverside )
On k'k, n:) before me, Carrie Rovaev, Notary Public
Date Name and Title of Officer
personally appeared --------------- -------------------James Thompson --------------—--------------------------—.
Na ne(s)of Signer(s)
® personally known to me
CARRIE ROVNEY to be the person(s)whose name(t)is/are subscribed to the
Commhslon#1348d57 within instrument and acknowledged to me that he/exM-my
_ NoMry Pu6llc-CanforMe executed the same in his/herkhair authorized capacity(ics),
RWeraldeCount' �.__V _:_
My Camm.Fxpkes Mar26,2t706i and that by lnis,.,�n-mc�r slgnatures(s)on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
e of No Public
EXHIBIT "A"
TRACT MAP 31514 LEGAL DESCRIPTION
Tract Map No. 31514, as recorded in Map Book 3 0 Pages 47- through_�5 inclusive, records of Riverside
County, California.
EXHIBIT'B"
TENTATIVE TRACT MAP 31514 CONDITIONS OF APPROVAL
00002 lk
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n+remrf+w�_arr-rnYc'r+mm��-rf�—..�rm-.rr rs.r�."�rv�rr.M,<mn'�.^+^%Ma.la�rci���r_TSrr
CASE 5.0972-PD-286
PRELIMINARY PLANNED DEVEL-OPMENTJ?ISTRICT ?P..a•#2`kay.
TENTATIVE TRACT MAP 31514 %
3255 EAST PALM CANYON DRIVE
SANDERSON-d.-RAY DEVELOPMENT-PALAPAS
CONDITIONS OF APPROVAL
April 21, 2004
Before final acceptance of the project, all conditions listed below shall be completed to the
salisfaction'of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or
their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form approved
by the City Attorney.
PLANNING
Administrative;
la. 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.
1b. 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 5.0977-PD 286 and TTM 31514. The City of Palm Springs will
promptly notify the applicant of any such claim, action, or proceeding against the City of
Palm Springs and the applicant will either undertake defense of the matter and pay the
City's associated legal costs or will advance funds to pay for defense of the matter by the
City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such
claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not,
thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding.the foregoing, the City retains the right to settle or abandon the matter
without the applicant's consent but should it do so, the City shall waive the indemnification
herein, except, the City's decision to settle or abandon a matter following an adverse
judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.
2. That the property owner(s) and successors and assignees in interest shall maintain and
repair the improvements including and without limitation sidewalks, bikeways, parking
areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto private
property, in a first class condition, free from waste and debris, and in accordance with all
applicable law, rules, ordinances and regulations of all federal, state, and local bodies and
006022
adiction-,st tha-props 11 y'v.vnoF's-sole-axpense.—Thlu Cor.1-JR;i -k-i1-1..•^._,.,,.."",.^.�
included in the recorded covenant agreement for the property if required by the City. _
3, The appeal period for an Architectural Approval and Tentative Tract Map application is 15
calendar days form the date of project approval. Permits will not be issued until the appeal
period has concluded.
.4. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning and 13uilding
for approval in a form to be approved by the City Attorney, to be recorded prior to
certificate of occupancy. The CC&R's shall be enforceable by the City, shall not be
amended without City approval, shall require maintenance of all property in a good
condition and in accordance with all ordinances.
The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2000,
for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to
the City Planning Department for administrative review purposes_
5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code
Section 66477 (Quimby Act), all residential development shall be required to contribute to
mitigate park and recreation impacts such that, prior to issuance of residential building
permits, a parkland fee or dedication shall be made. Accordingly, all residential
development shall be subject to parkland dedication requirements and/or park
improvement fees. The parkland mitigation amount shall be based upon the cost to
acquire and fully improve parkland.
Environmental Assessment:
6. The mitigation measures of the environmental assessment shall apply. The applicant
shall submit a signed agreement that the mitigation measures outlines as part of the
negative declaration will be included in the plans prior to Planning Commission
consideration of the environmental assessment. Mitigation measures are as follows:
Air quality:
a. The applicant shall comply with Section 8.50 of the Palm Springs Municipal Code,
Fugitive Dust and Erosion Control (PM-10) and prepare and submit a Dust Control
(PM-10) Plan to the Building Department for review and approval. Said Plan shall be
prepared by a person holding a current valid Certificate of Completion signifying
completion of the AQMD Coachella Valley Fugitive Dust Control Class. Said Plan
shall conform to fugitive dust emissions reduction criteria promulgated by the South
Coast Air Quality Management District (SCAQMD) and implement reasonable
available control measures.
Cultural Resources.-
a- In commemoration of the Neel family's role in the development of Palm Springs
through numerous acts of volunteerism and landscape contributions towards the
beautification of the boulevards of the City of Palm Springs, the installation of a
commemorative plaque shall be incorporated in conjunction with the relocation of
mature existing trees onsite to create a landscape grove in a portion of the dedicated
open space. This condition shall be specifically addressed in final Planned
Development District approval and shall be approved by the Planning Commission_
A Nature American AAnni#nrlcl cl�all,.P n nreGp ni,i�r nn oIl Unri,Ali qti nn t"��in },,;^
including clearing and grubbing excavation, burial of utilities, planting of rooted
plants, etc. Should buried cultural deposits be encountered, the Monitor shall
contact the Director of Planning and Zoning and after consultation the Director shall
have the authority to halt destructive construction and shall notify a Qualified
Archeologist to investigate and, if necessary, the Qualified Archaeologist shall
prepare a treatment plan for submission to the State Historic Preservation Officer
and the Agua Caliente Cultural Resource Coordinator for approval.
Hazards and Hazardous Materials:
a. Prior to issuance of grading permits, the project proponent shall submit a Phase I
Environmental Assessment that complies with ASTM Standards E-1527-00,
Standard Practice for Environmental Site Assessments, for review and approval by
the City Engineer, Director of Building and Safety or duly authorized representatives.
Said document shall be prepared by, or under the direction of, a licensed or
registered professional appropriate to the endeavor and recognized as such by the
State of California.
Hydrology and Water Quality:
a. Prepare a final Hydrology and Hydraulic study to determine the final design of on-site
storm drain improvements necessary to collect and convey on-site storm water runoff
to retention areas, in a manner acceptable to the City Engineer_
Final Design:
7, If, within two (2) years after the date of approval by the City Council of the preliminary
development plan, the final development plan, as indicated in Section 94.03.00(1), has not
been approved by the Planning Commission, the procedures and actions which have
taken place up to that time shall be null and void and the Planned Development District
and Tentative Tract Map shall expire. Extensions of time may be allowed for good cause.
The final development plans shall be submitted in accordance with Section 94.03.00 of the
Zoning Ordinance. Final construction plans shall include site plans, building elevations,
floor plans, roof plans, fence and wall plans, entry plans, landscape plans, irrigation plans,
exterior lighting plans, sign program, site cross sections, property development standards,
street improvement plans and other such documents as required by the Planning
Commission. Final construction plans shall be submitted within two years of the Planning
Commission approval.
a. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor
Lighting Standards, shall be submitted for review and approval by the Director of Planning
& zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior
lighting on the building and in the landscaping shall be submitted for approval prior to
issuance of a building permit. If lights are proposed to be mounted an buildings, down-
lights shall be utilized.
a. If lights are proposed to be mounted on buildings, down-lights shall be utilized.
b. A photometric study shall be required for project entry.
Arohitecttireand 13nd5ganinn•__
9. Separate architectural approval and permits shall be required for all signs.
10. 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.
11, All proposed trees within the public right-of-way and within 10 feet of the public sidewalk
and/or curb shall have City approved deep root barriers installed per City of Palm Springs
Engineering specifications.
12. No exterior down spouts shall be permitted on any fagade on the proposed building(s)
which are visible from adjacent streets or residential land commercial areas-
13, The design, height, texture and color of fences and walls shall be submitted for review and
approval prior to issuance of building permits.
14. Final landscape design adjacent to Araby Road shall be reviewed in association with the
precise grading plan in order to eliminate the necessity for retention basins adjacent to
project entry and adjacent to the public right-of-way. Alternative retention facilities shall be
provided and pad elevations in this area shall not be altered_
15. The street address numberingilettering shall not exceed eight inches in height.
16. Details of peel fencing (materials and color) and equipment area shall be submitted with
final landscape-plan.
17. All landscaping shall be completed before the issuance of a certificate of occupancy.
18, Minimum yard setbacks for the project shall be required as follows:
Front: 12' on private street
Side and Rear. 5' for an interior lot
5' for a corner lot
Rear: 12'
19, Distance between buildings shall be a minimum of 10'.
20. Height of two-story units shall not exceed 24 feet.
21. The project shall provide a minimum of 50% open space.
22. An on-site tree and shrub survey shall be prepared by a licensed arborist in order to
determine the potential for transplanting and utilizing all trees and shrubs that exist of site
in either on-site landscaped elements or the Araby Drive and East Palm Canyon Drive's
streetscapes.
23. Wall design and materials shall be reviewed in conjunction with the Final Planned
Development District approval by the City Design Review Committee-
0� 00� 5
y24. Written agreement shall be obtained between the project proponent and the property .
owners of the Friend Development multi-family housing project at Assessors Parcel
Numbers 508-087-091, 510-060-001 through 510-060-025 addressing responsibility for
the removal of a portion of the frontage road between East Palm Canyon Drive and the
Villa Sal Apartment complex from the Villa Sol Apartment's eastern-most project entry to
the northwestern corner of the proposed project site adjacent to East Palm Canyon Drive,
incorporation of a landscaped open space within that area and the maintenance
responsibility of the landscape element prior to the issuance of grading permits.
25. Codes, covenants and restrictions for the Homeowners Association shall include a clause
indicating the project shall not be gated, nor have the ability to request gating at a later
date.
26. The rear elevation of all structures on Lots 49 through 55 shall not exceed twelve (12) feet
in height. The rooflines shall vary and increase toward the front of the structures and shall
not exceed sixteen (16) feet in height on the aforementioned lots.
27. The structure proposed for Lot 51 shall be changed from a single-story B unit to a single-
story C unit-
28. The structure proposed for Lot 52 shall be changed from a single-story C unit to a single-
story B unit plan.
29, The structure proposed for Lot 53 will be changed from a single-story B unit plant to a
single-story C unit plan.
30- The two-story units on Lots 8, 9, 10, 19, 27, 28, 29, 30, 46, 56 and 57 shall be modified to
single-story
31, Residential Lots 8 - 19, 27—30, and 46—57 shall be limited to one-story units.
32. The City of Palm Springs Design Review Committee has the following conditions of
approval:
a. Solar control on the windows (especially those facing west)shall be provided-
b, The Celadon green color(Abington Putty HC-99) shall be intensified.
c. Architectural plans for the Final Planned Development District review shall require a
higher level of detail.
d. All landscape components of the project shall require Final Planned Development
District review by the Design Review Committee-
General:
33, No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan. CC&R's shall prohibit storage within and modification to outdoor
balconies.
32a- Modifications to exterior balconies including but not limited to conversion to interior space
or screened shall be prohibited. This provision shall be included in the CC & R's.
34.._ ,,Prior_to.the_Issua�lce.,gf_a..buildina permit Jtf%,aonlicant.shall-nav,_devel(?ppr...fPp�s wtn. the__,
Palm Springs Unified School District pursuant to the requirements established in SB50.
The amount of fees paid will be determined based on the established state formula for
determining construction costs.
05. It is recommended that contractors avoid the use of Morongo Trail, Anza Trail and Barona
Road for heavy vehicle construction traffic due to the existing conditions of those
roadways and the potential degradation of those roadways.
General/Grading:
36. prior to the 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.
37. 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.
38. Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide and 6"
deep. The irrigation system shall be tested prior to final approval of the project. Section
14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets,
roadways or gutters.
Miscellaneous:
39. 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 fee being 1.2%
for commercial projects or Y% for residential projects with the first $100,000 of total
building permit valuation for individual single-family units exempt. Should the public art be
based 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.
POLICE DEPARTMENT
1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT
1. Prior to any construction on--site., all appropriate permits must be secured.
FIRE
1. All residential structures shall include automatic sprinkler systems in accordance with
approved State Fire Codes as the project is located outside of the five minute response
time.
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_.._ ,_.... .. .2._..—,,.,.Additlor�aJ_��+n,dition5.-�?fspprov,;�l.cassoriated.with_{;anstrrat'tion dn�a�r�ents_nlar�_,rPview will _.. �,_._,,
be forthcoming at the time of such review.
ENGINEERING
The Engineering Division recommends that if this application is approved, such approval is
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
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Any improvements within adjacent off-site private property require written approval of the
adjacent property owner(or lessee, in the event the property is subject to a master lease
agreement).
3, Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
ARABY DRIVE
4. Dedicate an additional property line - corner cut back right-of-way as necessary to
facilitate construction of required access ramps along each side of the Main Entry in
accordance with City of Palm Springs Standard Drawing No. 105.
5, Construct a 6 inch curb and gutter, 20 feet east of centerline along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 200.
6. Construct 25 feet radius curb returns, spandrels and a 6 feet wide cross-gutter at the
intersection of Araby Drive and the Main Entry, in accordance with City of Palm Springs
Standard Drawing No. 200 and 2D6. The Main Entry shall be located at the existing
intersection of Araby Drive and Morongo Trail, as shown on the approved Tentative
Tract Map.
7. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance
with City of Palm Springs Standard Drawing No. 210.
8. Construct Type A curb ramps along each side of the Main Entry, in accordance with City
of Palm Springs Standard Drawing No. 212.
9. Remove and replace existing pavement with a minimum pavement section of 3 inch
asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24
inches a 95% relative compaction, or equal, from edge of proposed gutter to centerline
llkix!^-front a�.eJn.,arcn,rdanre_wirh,C'.ity,of fRalrn Sprinngq,Cfa!rdarcl_Dr3..Mto ._......_.�-,.._._..
No.'s 110 and 315, If an alternative pavement section is proposed, the proposed
pavement section shall be designed by a California registered Geotechnical Engineer
using "R" values from the project site and submitted to the City Engineer for approval.
SOUTH PALM CANYON DRIVE
10. ' Dedicate an easement for pedestrian and bikepath purposes across that portion of the
northeast corner of the property as necessary to construct a bikepath from the West
property line up to East Palm Canyon Drive as shown on the "Palm Canyon Drive
Improvements Preliminary Layout," prepared by The Keith Companies, dated November.
2003,
11. Construct an 8 inch curb and gutter, 38 feet southwest of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200_
12. Construct a Type A-High dike in accordance with City of Palm Springs Standard Drawing
No. 200, with integral yellow reflective pavement markers, object markers and
delineators, as necessary to taper the travel way away from the curb and gutter to the
west approach to the East Palm Canyon Drive at Palm Canyon Wash bridge.
13, Construct an 8 feet wide sidewalk connecting with a 12 feet wide combination
sidewalk/bikepath adjacent to curb along the entire frontage in accordance with City of
Palm Springs Standard Drawing No_ 210, and as shown on the "Palm Canyon Drive
Improvements Preliminary Layout," prepared by The Keith Companies, dated November
2003.
14. Construct an 8 feet wide bikeway from the west property line extending up the
embankment to East Palm Canyon Drive with a slope not exceeding 6 percent
connecting with a 12 fleet wide combination sidewalk/bikepath as shown on the "Palm
Canyon Drive Improvements Preliminary Layout," prepared by The Keith Companies,
dated November 2003.
15. Construct a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch
aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or
equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire
South Palm Canyon frontage in accordance with City of Palm Springs Standard Drawing
No. 110 and 340. If an alternative pavement section is proposed, the proposed
pavement section shall be designed by a California registered Geotechnical Engineer
using "R" values from the project site and submitted to the City Engineer for approval.
ON-SITE (PRIVATE) STREETS -
16. Dedicate a public utility easement and an easement to the City of Palm Springs for
service and emergency vehicles and personnel with right of ingress and egress over the
private streets.
17. Construct a wedge curb, meeting City Engineer approval, 16 feet on both sides of
centerline along all on-site (private) street frontages, with 25 feet radius curb returns and
spandrels (where required) at intersecting on-site streets in accordance with City of Palm
Springs Standard Drawing No. 206,
18. Construct 6 feet wide cross-gutters at all intersections (where.required) with a flow line
parallel with and 18 feet from the centerline of the intersecting street, in accordance with
City of Palm Springs Standard Drawing No. 200 and 206,
19. Modified street knuckles may be constructed at the westerly ends of Lot"C" and "D", and
at the intersection of Lot "C" and "D", as shown on the approved Tentative Tract Map.
20. All on-site streets shall have a minimum centerline radius of 130 feet.
21. Construct a minimum pavement section of 2% inch asphalt concrete pavement over 4
inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction,
or equal, throughout all on-site streets. If an alternative pavement section is proposed,
the proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R"values from the project site and submitted to the City
Engineer for approval.
22. Parking shall be restricted to one side of all on-site (private) streets. Provisions for
restrictions of on-street parking along one side of the private streets shall be included in
Codes, Covenants and Restrictions (CC&R's) for this project, and shall be provided to
the City Engineer for review and approval prior to approval of the final map.
OFF-SITE (PRIVATE) STREET (ACCESS ROAD)
23. Remove the full-width street improvements (pavement, curb and gutter, and sidewalk) for
the existing access road across the adjacent property(currently identified as Assessor's
Parcel No. 510-080-019), from the westerly property line to a point just east of the last
driveway into the easterly parking lot of the adjacent apartment complex.
24, Construct a 6-inch barrier curb in accordance with City of Palm Springs Standard
Drawing No. 200, as necessary to appropriately and the frontage road, including
installation of reflective object markers and traffic signage.
25. Construct a Type A curb ramp at the new end of the access road in accordance with City
of palm Springs Standard Drawing No. 212.
26. Construct an 8 feet wide concrete bikepath from the new end of the access road to
connect with the bikeway to be constructed adjacent to the project site up to East Palm
Canyon Drive as shown on the "Palm Canyon Drive Improvements Preliminary Layout,"
prepared by The Keith Companies, dated November 2003.
27. Install landscaping improvements within that portion of the access road to be removed
with turf and trees, acceptable to the adjacent property owner(or lessee, in the event the
property is subject to a master lease agreement), and as approved by the Director of
Planning & Zoning,
SANITARY SEWER
28. Connect all sanitary facilities to the City sewer system. The on-site private sewer system "
shall be connected to the City's public sewer system through a standard lateral
connection, and not at a sewer manhole.
29. Construct an 8 inch sewer main within all on-site private streets and connect to the
public sewer main along East Palm Canyon Drive.
30. All on-site sewer systems shall be privately maintained by a Homeowners Association.
Provisions for maintenance of the on-site sewer system shall be included in Codes,
Covenants and Restrictions (CC&R's) for this project, and shall be provided to the City
Engineer for review and approval prior to approval of the final map.
31. Submit sewer improvement plans.prepared by a Registered Civil Engineer to the
Engineering Division. The plans shall be approved by the City Engineer prior to
issuance of sewer construction permits-
GRADING
32. Submit a Rough Grading Plan prepared by a California registered Civil Engineer to the
Engineering Division for review and approval. A Fugitive Dust Control Plan shall be
prepared by the applicant and/or its grading contractor and submitted to the Building
Department for review and approval- The applicant and/or its grading contractor shall be
required to comply with Chapter &50 of the City of Palm Springs Municipal Code, and
shall be required to utilize one or more `Coachella Valley Best Available Control
Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each
fugitive dust source such that the applicable performance standards are met. The
applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that
has completed the South Coast Air Quality Management District (AQMD) Coachella
Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall
provide the Building Department with current and valid Certificate(s) of Completion from
AQMD for staff that have completed the required training. For information on attending a
Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust
Control Handbook and related "PM10" Dust Control issues, please contact Elio
Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov- A Fugitive Dust
Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook,
shall be submitted to and approved by the Building Department prior to approval of the
Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance
of any grading or building permits-
The first submittal of the Grading Plan shall include the following information: Copy of
signed Conditions of Approval from Planning Department; Copy of Site Plan stamped
approved and signed by the Planning Department; Copy of current Title Report; Copy of
Soils Report; and a copy of the associated Hydrology Study/Report-
33. Drainage swales 3 feet wide and 6 inches deep shall be provided adjacent to all curbs
and sidewalks to keep nuisance water from entering the public streets, roadways, or
gutters.
Goo 0?1
i
34, A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued
from the California Regional Water Quality Control Board (Phone No.•760-346-7491) is
required for the proposed development, A copy of the executed permit shall be provided
to the City Engineer prior to approval of a Grading Plan.
35. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash
bond of two thousand dollars ($2,000.00) per acre shall be posted with the City for
mitigation measures of erosion/blowsand relating to his property and development.
36. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the proposed
development. A copy of the soils report shall be submitted to the Building Department
and to the Engineering Division prior to approval of the Grading Plan.
37. Contact the Building Department to get information regarding PM-10 (dust control) plan
requirements.
38. In cooperation with the Riverside County Agricultural Commissioner and the California_
Department of Food and Agriculture Red Imported Fire Ant Project, applicants for
grading permits involving a grading plan and involving the export of soil will be required
to present a clearance document from a Department of Food and Agriculture
representative in the form of an approved "Notification of Intent To Move Soil From of-
Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form
CA-1) prior to approval of the Grading Plan. The Califomia Department of Food and
Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-
8208)_
DRAINAGE
39. All stormwater runoff passing through and falling onto the site shall be accepted and
conveyed to an approved drainage system, On-site retention/detention or other facilities
approved by the City Engineer shall be required to Contain the incremental increase in
runoff due to development of the property. Provide a hydrology study to determine
required stormwater runoff mitigation measures for the proposed development. Final
detention/retention basin sizing and other stormwater runoff mitigation measures shall
be determined upon review and approval of the hydrology study by the City Engineer
and may require redesign or changes to site configuration or layout consistent with the
findings of the final hydrology study. The proposed retention basins along either side of
the Main Entry on Araby Drive shall be deleted. All required retention basins shall be
relocated to the interior of the development.
40. The project is subject to flood control and drainage implementation fees. The acreage
drainage fee at the present time is $7,271 per acre per Resolution No. 15189_ Fees
shall be paid prior to issuance of a building permit.
41. Construct required drainage improvements, including but not limited to catch basins,
storm drain lines, and outlet structures, for drainage of on-site streets into retention
basins, as described in a final Hydrology Report for Tentative Tract Map 31514 as
approved by the City Engineer.
GENERAL
42. Any utility trenches or other excavations within existing asphalt concrete pavement of
off-site streets required by the proposed development shall be backfilled and repaired in
accordance with City of Palm Springs Standard Drawing No. 115.
43, All,proposed utility lines shall be installed underground,
44. All existing utilities shall be shown on the improvement plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
45, The original improvement plans prepared for the proposed development and approved
by the City Engineer shall be documented with record drawing °as=built" information and
returned to the Engineering Division prior to issuance of a certificate of occupancy. Any
modifications or Changes to approved improvement plans shall be submitted to the City
Engineer for approval prior to construction.
46. In accordance with Chapter 8,04.401 of the City of Palm Springs Municipal Code, all
existing overhead electrical lines of thirty-five thousand volts or less and overhead
service drop conductors, and all gas, telephone, television cable service, and similar
service wires or lines, which are on-site, adjacent to, and/or transecting the property,
shall be installed underground unless specific restrictions are shown in General Orders
95 and 128 of the California Public Utilities Commission, and service requirements
published by the utilities.
Numerous overhead utilities exist on and around the project meeting the requirement to
be installed underground. The developer shall submit a draft utility undergrounding plan
and proof that arrangements with adjacent property owners affected by the utility
undergrounding have been made prior to the issuance of a grading permit. All required
utility undergrounding shall be completed prior to issuance of any certificate of
occupancy within the development.
47. Nothing shall be constructed or planted in the public right-of-way or sight distance
easement which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code Section 93.02.00, D.
48. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk
and/or curb shall have City approved deep root barriers installed per City of Palm
Springs Standard Drawing No. 904.
MAP
49. A Final.Map shall be prepared by a California registered Land Surveyor or qualified Civil
Engineer and submitted to the Engineering Division for review and approval. A Title
Report prepared for subdivision guarantee for the subject property, the traverse closures
6Gi��a3
for the existing parcel and all lots created therefrom, and copies of record documents,
shall be submitted with the Final Map to the Engineering Division as part of the review of
the Map. The Final Map shall be.approved by the City Council prior to issuance of
building permits.
50. Easements for flood control and drainage purposes shall be reserved across lots "E",
"F", "I{", and "L"to be used as retention and basins, limiting the use of these portions of
the property for flood control and drainage purposes, and restricting any and all
encroachments, construction or improvements therein. Provisions for maintenance of
the flood control retention basins by a Homeowners Association shall be included in ,
Codes, Covenants and Restrictions (CC&R's) for this project, and shall be provided to
the City Engineer for review and approval prior to approval of the final map.
51. Abandonment of various record easements across the property shall be performed in
conjunction with or prior to approval of a final map. These easements, and all other
record easements, shall be extinguished, quit-claimed, relocated or abandoned to
facilitate development of the subject property- Without evidence of the disposition of the
various record easements, proposed individual lots encumbered by existing record
easements are rendered unbuildable, until such time as these easements are removed
of record and are not an encumbrance to the affected lots-
TRAFFIC
52. Submit traffic striping plans prepared by a California registered Civil Engineer to the
Engineering Division for review and approval. All required traffic striping improvements
shall be completed in conjunction with required street improvements, to the satisfaction
of the City Engineer, and prior to issuance of a Certificate of Occupancy.
53. Install appropriate traffic signage at the intersection of East Palm Canyon Drive and
Araby Drive noticing pedestrians and bicyclists that there is no outlet along the south
side of East Palm Canyon Drive east of Araby Drive, and to use the existing signalized
crass-walk at the intersection to access the sidewalk and bikepath route along the north
side of East Palm Canyon Drive for destinations further east.
54, Street name signs shall be required at each on-site street intersection in accordance
with City of Palm Springs Standard Drawing No-'s 620 through 625.
55. A 30 inch stop sign and standard stop bar and stop legend shall be installed for exiting
vehicles in accordance with City of Palm Springs Standard Drawing No. 625 at Araby
Drive and the Main Entry exit-
56. A minimum of 48 inches of sidewalk clearance shall be provided around all street
furniture, fire hydrants and other above-ground facilities for handicap accessibility. The
developer shall provide same through dedication of additional right-of-way and widening
of the sidewalk as needed on Araby Drive and Palm Canyon Drive frontages of the
subject property.
57- All damaged, destroyed, or modified pavement legends and striping associated with the
proposed development shall be replaced as required by the City Engineer prior to
issuance of a Certificate of Occupancy.
58, Construction signing, lighting and barricading shall be provided for on all projects as
required by City Standards or as directed by the City Engineer. As a minimum, all
construction signing, lighting and barricading shall be in accordance with State of
California, Department of Transportation, "Manual of Traffic Controls for Construction
and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time
of construction.
59. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid
prior to issuance of building permit.