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q�fFOR�� City Council Staff Report
June 18, 2008 CONSENT CALENDAR
Subject: TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT MAP 28966 WITH CALISE DEVELOPMENT, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY.
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Calise Development, LLC, is requesting a 1-year extension of time for the Subdivision
Improvement Agreement (Agreement No. 4814) for Tract Map No. 28966 ("Old Las
Palmas Estates"). No homes of this 17 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. 4814) for
Tract Map 28966, with Calise Development, LLC, a California Limited Liability
Company.
STAFF ANALYSIS:
On January 7, 2004, City Council approved a Final Map for Tract No. 28966, a 17 lot
single family subdivision, and a corresponding Subdivision Improvement Agreement
(Agreement No. 4814), with the developer, Preserve Golf Company, LLC, a California
Limited Liability Company. On June 16, 2004, City Council approved the Assignment
and Assumption of the Subdivision Improvement Agreement, by Calise Development,
LLC. The agreement secures the cost of constructing certain on-site and off-site public
improvements necessary for the subdivision.
The original expiration date for the agreement was January 14, 2006. However, due to
the downward trend in the real estate market, the developer requested and received
three administrative time extensions by the City Engineer, extending the expiration of
ITEM NO. 2'
City Council Staff Report
June 18, 2008
TM28966 Subdivision Improvement Agreement Time Extension
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-
On May 29, 2008, the City Engineer received a written request from the developer for
an additional one-year time extension. There remains one item of off-site work and
several items of on-site work that have not been completed. The improvements
remaining to be completed are the final asphalt paving of Via Monte Vista, final asphalt
paving of the on-site private street, final adjustment to grade of the on-site sewer
manholes and water valves, final approval of the on-site sewer system, and subdivision
monumentation.
None of the 17 home sites have been constructed or sold to date. The on-site street has
only been base paved. It is customary for a developer to defer construction of the final
lift of asphalt concrete pavement until the last phase of homes is under construction, to
avoid damaging the street surface. 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 was not started.
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, the final asphalt paving of Via Monte Vista must be completed; the vacant
property must be stabilized and maintained in accordance with the City's PM-10
Ordinance. If the real estate market has not improved and house construction remains
stalled, 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:
None
David J. Barakian T omas J. Wils
Director of Public Works/City Engineer Assistant City fvlVanager
David H. Ready, City r
Attachments:
1) Vicinity Map
2) Subdivision Improvement Agreement
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DOC si 2004-011S4782
03/05/2004 08:00A Fee:NC
Page 1 of 32
Recorded in official Records
County of Riverside
Gary 1.• Orso
Assessor, County Clerk & Recorder
CITY CLERK 1111111111111111111 IN
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SUBDIVISION IMPROVEMENT AGREEMENT
by and between It m
Preserve Golf Company-
CITY OF PALM SPRINGS Subdivision Agr
AGREEMENT 114814
and R28966, 1-7-04
PRESERVE GOLF COMPANY, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
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TABLE OF CONTENTS
1.Construction Obligations........................................................... 1
1.1 Works of Improvement........................................... 1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval......................................... 2
1.3 Intent of Plans......................4........I... I............ 2
1.4 Survey Monuments................................................ 2
1.5 Performance of Work.............................................. 2
1.6 Changes in the Work.............................................. 2
1.7 Defective Work......... ............. ............. ........... 3
1.8 No Warranty by City............................................... 3
1.9 Authority of the City Engineer......---................... 3
1.10 Documents Available at the Site............................ 3
1.11 Inspection.......... ..................... ........ ............... 3
1.12 Compliance with Law............................................. 3
1.13 Suspension of Work.....................---..............-.... 3
1.14 Final Acceptance of Works of Improvement........... 4
2. Time for Performance........... ....................................... 4
2.1 Commencement and Completion Dates................. 4
2.2 Phasing Requirements............................................ 4
2.3 Force Majeure.. ........... .......... ......................... 5
2.4 Continuous Work........................... ...................... 5
2.5 Reversion to Acreage.............................................. 5
2.6 Time of the Essence................................................ 5
3. Labor................................................. ............................. 5
3.1 Labor Standards................... ........ ....................... 5
3.2 Nondiscrimination................................................... 5
3.3 Licensed Contractors.............................................. 5
3.4 Workers' Compensation.................................-...... 6
4. Security......................................... ................................ 6
4.1 Required Security................................. .................. 6
4.2 Form of Security Instruments... 6
4.3 Subdivider's Liability................................................ 7
4.4 Letters of Credit................... .................. ................ 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
5.2 Payment to City for Cost of Related Inspection
and Engint—cing Services...................................-... 8
6. Acceptance of Offers of Dedication................................... 9
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
101 Successors and Assigns......................................... 10
10.2 No Third Party Beneficiaries,................ .................. 10
10.3 Entire Agreement; Waivers and Amendments...-... 10
11. Corporate Authority............ ................... .......................... 10
ii
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered
into this 7th day of January , 2004, by and between the CITY OF
PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and Preserve
Golf Company, LLC, a California Limited Liability Company ("Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map far
Tract No. 28966 in the City of Palm Springs, County of Riverside, State of California (the
"Property'). The map contains conditions of approval for the development of the Property
(the "Conditions").
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to
the City of Palm Springs Lot "A" to public use for street and public utility purposes; an
easement for public utility purposes, including sewers, as shown on the map as 5' P.U.E.
and 5'sewer easements; an easement for public utility purposes, including sewers, with the
right of ingress and egress of service and emergency vehicles and personnel over Lot "B";
a dedication of Lot 18 for open space and conservation purposes, including all rights, title
and interest thereto; and an easement for conservation purposes which prohibits any and all
development on the property, including structures, landscaping, lighting and recreational
uses, over Lots 10, 11, 12, 13, 14, 15, and 16.
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 offer of dedication of the streets, easements and other
improvements and facilities, as shown on the Map, are a material consideration to City in
approving the final map for the Property and permitting development of the Property to
proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and
in consideration of City's approving the Map for the Property and permitting development of
the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth
herein.
1. Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred to as
the "Works of Improvement"), as the same may be supplemented and revised from time to
time as set forth herein (said plans and specifications, together with all related documents,
1 0000U7
water, sanitary sewer anc, Cher 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 $520.000.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit "A" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe
a complete work of improvement which Subdivider shall perform or cause to be performed
in a manner acceptable to the City Engineer (or his/her designee) and in full compliance
with all codes and the terms of this Agreement. Subdivider shall complete a functional or
operable improvement or facility, even though the Plans may not specifically call out all
items of work required for the contractor to complete its tasks, incidental appurtenances,
materials, and the like. If any omissions are made or information necessary to carry out the
full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its
design engineer who will seek approval of the City Engineer for furnishing of detailed
instructions. In the event of any doubt or question arising regarding the true meaning of any
of the Plans, reference shall be made to the City Engineer whose decision thereon shall be
final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in writing
and approved by the City Engineer. The Plans shall be supplemented by such working or
shop drawings as are necessary to adequately control the work. Without the City Engineer's
prior written approval, no change shall be made by Subdivider or Subdivider's contractor to
any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements, Subdivider
will place survey monument(s) as shown on the Map in accordance with the provisions of
the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs.
Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and,
after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm
Springs written notice of the setting of said monument(s) and written proof of having paid
the engineer or surveyor for the setting of said monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Chanaes 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 el6-.iges 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.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep
a copy of,all approved Plans at the job site and shall give access thereto to the City's
inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job site
at all times during which work is being done who has full authority to act for Subdivider, or
its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement.
Subdivider shall cause its contractor to furnish the City with every reasonable facility for
ascertaining whether or not the Works of Improvement as performed are in accordance with
the requirements and intent of this Agreement, including the Plans. If the City inspector
requests it,the contractor at anytime before acceptance of the Works of Improvement shall
remove or uncover such portions of the finished work as may be directed which have not
previously been inspected. After examination, the contractor shall restore said portions of
the work to the standards required hereunder_ Inspection or supervision by the City shall not
be considered as direct control of the individual workmen on the job site. City's inspector
shall have the authority to stop any and all work not in accordance with the requirements
contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider 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'
3 80GOES
responsible for all, matei,..is and shall store them properly if n._..essary 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. It 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 (30) days following City's approval of the Plans ("Commencement
Date"); and (4) 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 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. Pnor 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.
4 Qo®Qw
2.3 Force Maieu.--. Notwithstanding the provisions L - 3ection 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be extended fo'r
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 66499.11-66499.20-314. 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 wAh valid California Contractors'
licenses for the type of work being performed.
3,4 Worker's l...mnensation. Subdivider shall c�,-se 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 subcontractorto submit to City a Certificate of Insurance verifying such
coverage prior to such contractor or subcontractor entering onto the job site.
4. Securit .
4.1 Rewired Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City
the following bands, 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
$520,000.00 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
$260,000.00 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$9,850 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) Rem-wired 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$78,000.00 equal to 15% of the estimated construction cost
set forth in Section 1.1 or a suitable amount determined by the City Engineer,
4.2 Form of Security Instruments. All Security Instruments shall be in the amounts
required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum
requirements and otherwise shall be in a farm 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 Cre,,,c. For Security Instruments which a,- ietters 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 bean 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 Subdividers 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 Subdividers Liability. While no action of Subdivider shall be required in order
for City to realize on its security under any Security Instrument, Subdivider agrees to
cooperate with City to facilitate City's realization under any Security Instrument, and to take
no action to prevent City from such realization of any Security Instrument. Notwithstanding
the giving of any Security Instrument or the subsequent expiration of any Security
Instrument or any failure by any surety or financial institution to perform its obligations with
respect thereto, Subdivider shall be personally liable for performance under this Agreement
and for payment of the cost of the labor and materials for the improvements required to be
constructed or installed hereby and shall, within ten (10)days after written demand therefor,
deliver to City such substitute security as City shall require satisfying the requirements in this
Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not
less than one (1) year, unless City agrees to a lesser term in City's sole and absolute
discretion) is not delivered not less than thirty(30)days prior to the expiration of the original
letter of credit, such substitute letter of credit being in the same amount and having the
terms and conditions as the initial letter of credit delivered hereunder, issued by a financial
institution acceptable to City as of the date of delivery of the replacement letter of credit.
7 000013
(b) In the event of craw by the City on a letterof credit,tk,-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 Res osp risible 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 Cityforany ofthe
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 Lngineerina 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
8 009014
of the Works of Improver,, rit until all City fees and charges hae_ peen fully paid, including
without limitation, charges for applicable penalties and additional required inspections.
6. Acceptance of Offers of Dedication, The City Council shall pass as appropriate
resolution or resolutions accepting all offers of dedication shown on the Map for the
Property, with acceptance to become effective upon completion and acceptance by City of
the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the
Certificate made a part of the Map regarding said acceptance of the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against
defective materials and workmanship for a period of one (1) year from the date of final
acceptance. If any of the Works of Improvement should fail or prove defective within said
one (1) year period due to any reason other than improper maintenance, or if any
settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to
fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice
of such defects, or within such shorter time as may reasonably be determined by the City in
the event of emergency, shall commence to repair or replace the same together with any
other work which may be damaged or displaced in so doing. 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 Attorne�'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
atforney'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 actin,,, taking depositions and discovery, �_,aining 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. Indemnit. 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 Subdividers 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 wilful misconduct-
10. General Provisions.
10.1 Successors and_Assians. 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 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this Agreement,
and (iv) the entering into of this Agreement does not violate any provisions of any other
Agreement to which said party is bound.
* * x ,
10
IN WITNESS W. .,:REOF, the parties hereto have __.ecuted this Subdivision
Improvement Agreement as of the date first above written.
ATT CITY OF PALM SPRINGS, CALIFORNIA
atricia A. nders, City Clerk David Ready, City I-6
/'ePPRQVLD AS TO FORM
RECOMMENDED BY: -
�� Ci AY r�nay —
City Engineer APPROVED BY THE Ciry coulan
SUBDIVIDER:
Preserve Golf Company, LLC, a California Limited Liability Company
(Check One:_individual, _partnership, X corporation)
Signature
By: William H. MCWethy, Jr. , Managing Member
Name and Title
Mailing Address:
11839 Sorrento Valley Road
San Diego, CA 92127
ALL-PURPOSE ACKNOWLEDGMENT
State of California CAPACITY CLAIMED BY SIGNER
County of San Diego Susan E. Dori.n, in INDIVIDUAL(S)
Notary Public W CORPORATE
On 12/30/03 before me, OFFICER(S)
Date Name, Title of Officer TITLE(S)
personally appeared William H. McWethy, Jr. ❑ PARTNER(S)
NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
IN personally known to me-OR- ❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ proved to me on the basis of satisfactory evidence to be the persons(s/whose name(s) ❑ OTHER
is/aryy subscribed to the widen instrument and acknowledged to me that he/sic/lh9y executed
the same in his/h91t/d)6ir authorized capaciry*j s), and that by his/ho/tk)L•ir signaturero) on
the instrument the person(s)/br the entity upon behalf of which the persons(s/acted,executed
the instrument. SIGNER IS REPRESENTING:
Witness my hand and official seal. SUSAN E. DORIN Preserve Golf
GommWion B 129662II a
i OF>
r� Notary Public-Cofifornicl
� San Diego County Company, LLC
Signature of Notary My Co '-aPh5 Mor11 M
ATTENTION NOTARY: Although die information requested below is OPTIONAL, it could prevent fraudulent aaachment of this
certiricate to unauthorized document.
THIS CERTIFICATE Tide or Type of Document
MUST BE ATTACHLD
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of i V e r S r d e -
On &IIII-C.6 ...� Opabeforeme, SVd ;A4 A. Nirkal5 \40b pv�1;C
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subscribed to the within instrument and
JUDITH A.NICHOLS t acknowledged to me that he,'el+(CD executed
COMM.#1261786 m the same in th authorized
Notary PubllwCallfomla H capacit les and that by authorized
Notary
LLI RIVERSIDE COUNTY signatur on the instrument the persor(W, or
My calm.Ew May 21,2004 the entity upon behalf of which the person(D
acted, executed the instrument. I
WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not required by law,it may prove valuable to parsons relying on tha document and could prevent
fraudulent removal and reattachment or this form to another document
Description of Attached Document �T
Title or Type of Docuummem:!E ( Y1 y t V S 19✓\ y 1�Q r'o u eItIli AQ r e r N+eAl
Document Date: 5a Y1. -7r -a O O q Number of Pages:_ 14
Slgner(s)Other Than Named Above: _-Vtd J'�GC`CL JQn DA.Uib
Wes, VA. MC-V.Jet��.iSr.
ClaimedCapacity(ies)T't��, �� �� by Signer
Signer's Name: aVil iA-'Rectay auI to,'{crc�a A .Sof,nders
❑ Individual (' Top of thumb here I
I�Corporate Officer—Title(s): C1t 1l.wer- t C%t I P r
❑ Partner—❑ Limited ❑General / v
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: 1
Signer Is Representing: C- tT 0� �4 ! W, `� 5
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EXHIBIT"A"
TENTATIVE TRACT MAP 28966 CONDITIONS OF APPROVAL
ooa01 ,60
r i
RESOLUTION NO.
EXHIBIT A
AFP8L)VkI) BY PLAIVION6 l C(Vlial.,,, 2fl06
u•L$ nate�O , " nitiaa_AM
Tentative Tract Map-2 �_-0886
s® Preserve Estates
APPROVED BY CITY COUNCIL 555 North Via Monte Vista
2gse 42,M6 Bate,—d-7InmaL_M_ (APN 505-130-015, 016),
Section 10, T 4 S, R 4 E, S.B.B.M.
asolution Ordinance a_._-6
APPROVAL SUBJECt TO ALL REOUIREO October 16, 2002
(TRBITEONS BY ABOVE FWFS
REVISED 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, 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.
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 TM 29886. 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 matterfollowing an adverse judgement or failure to appeal,shall not cause
a waiver of the indemnification rights herein.
3, The project is located in an area defined as having an impact on fish and wildlife as
defined in Section 711A of the Fish and Game Code; therefore a fee of$1,328.00
plus an administrative fee of$50.00 shall be submitted bythe applicant in the form of
a money order or a cashier's check payable to the Riverside County Clerk prior to
Council action on the project. This fee shall be submitted by the City to the County
Clerk with the Notice of Determination. Action on this application shall not be final
until such fee is paid.
00062'+
4. That the property owner(s) and successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, conservation
easements, landscape, irrigation, lighting, signs,walls, and fences between the curb
and property line,including sidewalks,conservation 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 forthe
property if required by the City.
5. The mitigation measures of the environmental assessment shall apply. The applicant
shall submit a signed agreement that the mitigation measures outlined as part of the
negative declaration will be included in the plans prior to Planning Commission
consideration of the environmental assessment.
6. Final landscaping, irrigation, exterior lighting, gates and fencing plans and an entry
plan shall be submitted for approval by the Department of Planning and Building prior
to issuance of a building permit. Landscape plans shall be approved by the Riverside
County Agricultural Commissioner's Office prior to submittal.
7. 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 Building for review and approval prior to the
issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific
requirements.
8. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall
be submitted and approved by the Building Official. Refer to Chapter 8.50 of the
Municipal Code for specific requirements.
9. 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. The plan shall include the elimination of all topographic features
associated with the former golf course. All lakes, berms, tees and greens shall be
removed. The plan shall include pad and finish floor elevations at or below those of
the adjacent residences to the north.
10. Drainage swales shall be provided adjacent to all curbs and sidewalks - S wide and
6" deep. The irrigation system shall be field tested prior to final approval of the
project. Section 14 24.020 of the Municipal Code prohibits nuisance water from
entering the public streets, roadways or gutters.
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.
MOM
12. The applicant, prior to Final Tract Map approval, shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning and
Building for approval in a form to be approved by the City Attorney, to be recorded
priorto issuance of occupancy permits. The CC&R's shall be enforceable by the City,
shall not be amended without City approval, shall require maintenance of all property
in a good condition and in accordance with all ordinances, and the establishment of
a permanent conservation easement over lots#17 and 18.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.
The CC&R's shall Include project design guidelines, landscape requirements, slope
restoration,building height standards,walls, building materials and require multi-level
homes conforming to existing topography.
The CC&R's shall include a provision requiring that the developer construct a fence
or wall at least 6(six)feet high around the perimeter of the subdivision for the purpose
of keeping bighorn sheep out of the area of development and to prohibit residents
from access to the conservation lot or easement areas. Should the six foot fence
prove ineffective at excluding sheep,the developer shall install an additional 2'of iron
fence, for a total of 8' of fence.
13. Separate architectural approval and permits shall be required for all signs. A detailed
sign program shall be submitted for review and approval by the Planning Commission
prior to issuance of building permits.
14. 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 & Building prior to the issuance of building permits for future
single family residences and entry way improvements. Manufacturer's cut sheets of
all exterior and landscape shall be submitted for approval prior to issuance of a
building permit. If lights are proposed to be mounted on buildings, down-lights shall
be utilized. No lighting of the hillside is permitted.
15. Prior to the issuance of grading permits, locations of all utility service,including but not
limited to telephone, electrical boxes, transformers etc., must be indicated on the
grading plans and must be completely located in a below ground vault.
16. An Administrative Minor Modification shall be granted for Lot # 2 (substandard lot
area), Lot#15 (substandard lot width) and Lot# 17 (substandard lot width) prior to
approval of a final map.
17. Lots#11-17 shall be subjectto Architectural Approval(Section 94.04)and the Hillside
Development Ordinance (93,13).
18. The applicant shall construct a decorative masonry wall along the entire north
property line.
MITIGATION MEASURES AND MONITORING PROGRAM
19. A preliminary grading plan and soils report shall be reviewed and approved by the
Planning Comm ission. Contour and terrace grading shall be required for development
of lots 11 - 17. Split level pads-and yards shall be required which step development
and create grade transitions. The soils report prepared with the grading plan shall
address the concerns stated in the DTSC letter dated October 1, 2002.
20. A courtesy notice shall be provided to properties adjacent to lots# 11-17, with each
single family residence application.
21, Prior to approval of final map pad elevations for lots 1-13 shall be established and
approved by the Director of Planning and zoning and the Director of Public Works.
22- Residences on lots#1-9 shall be limited to a single story, maximum height of 18'.
23, The developer shall record building limit lines on Lots #10-16 and 18 and shall
dedicate and record of conservation easements on Lots#10 and#18.These building
limit lines limit the area of construction and are intended to limit the development of
the parcels to the downslope areas. No structures,landscape,lighting,waterfeatures
or any other type of construction would be allowed past these building limit lines.
24, For lots # 1-9, the project shall include minimum slopes of 0.5% for drainage for
individual lot grading. Slopes in excess of 0.5% shall be prohibited for the purposes
of site drainage and pad development
25. The developer and future owners will be prohibited from planting or constructing any
other improvements on the hillside areas above the building limit lines or slope
protection boundary.
26. All landscape, golf course improvements and construction debris on site shall be
excavated, removed and replaced with compacted fill.
27, The minimum seismic design of all future residences shall comply with the Uniform
Building Code.
28, All future residences shall employ engineered design and earthquake resistant
construction.
29. The developershall submit a precise grading plan and soils report for each individual
lot as part of the architectural approval or building permit process.
30. For lots#10-16,the Director of Planning and Zoning and City Engineer shall approve
all individual grading plans and building pad locations.
31. The developer shall prepare a storm water pollution prevention plan (SWPPP) and
revise the SWPPP as necessary as construction conditions change.
32, Grading operations shall be suspended during first and second stage ozone episodes
or when winds exceed 25 MPH per the PM10 SIP.
33, Construction operations affecting off-site roadways shall be scheduled for off-peak
hours and shall minimize construction of through traffic lanes.
34. The developer shall construct an intersection of the private street with Via Monte Vista
and Crescent Drive, with curb returns, cross gutter, access ramps and removal and
relocation of existing improvements.
35. The developer shall provide a stop sign to control exiting site traffic. Clear
unobstructed sight clearances shall be provided at the driveway.
36, Entry monumentation that does not interfere With sight distance orturning movements
shall be incorporated in the project entry. Landscaping shall be provided that is
appropriate to the entry butwill not interfere with sight distances orturning movement
operations.The final design for the project entrance ands corresponding entry lighting
shall be reviewed by the City Engineer prior to the issuance of the first building permit.
37. If blasting is determined to be necessary as part of the excavation operation for any
of the future residences on the property, the timing of such a procedure shall be
planned with the assistance of a biologist. If the biologist determines that the location
and extent of blasting is likely to affect sheep lambing, breeding, or watering, blasting
should be done during a period when the auditory impacts will be negligible. A
biological monitor may also be necessary prior to and during blasting events to halt
blasting immediately if sheep are present in the area. While the biologist will
determine the final implementation techniques, it is anticipated that the biologist will
be positioned at the higher elevations of the site equipped with a spotting scope and
radio and would conduct visual surveillance before and during blasting.
38. Any additional landscaping or landscape alteration outside of fenced areas shall
consist of plant species that are native to the immediate area. No oleanders shall be
planted on the project perimeter or within areas open to undeveloped areas, as they
have been implicated in Peninsular Bighorn Sheep deaths through poisoning.
39. The final design of any perimeter fencing or walls shall be reviewed by the Planning
and Building Departments as part of the Architectural Review process for each
residence within the subdivision.The fencing shall be of a height,location,and design
as to not create a "trap"for Peninsular Bighorn Sheep that could potentially wander
to the fringe of the subdivision.
40, The clevelopershall be responsible for compliance with the State Endangered Species
Act and Federal Endangered Species Act prior to the issuance of grading permits, if
deemed necessary by the applicable resource agencies_
41. Lot #18 shall have a conservation easement recorded which prohibits any and all
development of the property, including structures, landscaping, lighting and
recreational use,with the exception of the North Lykken Trail.Atrail easement forthe
North Lykken Trail shall be noted in the conservation easement. The conservation
easement shall be granted in favor of the City of Palm Springs. Lot#18 shall also be
dedicated to the City of Palm Springs.
42, Lot #10 shall have a conservation easement recorded which prohibits any and all
development of the property, including structures, landscaping, lighting and
recreational use,with the exception of the North Lykken Trail.A trail easement for the
North Lykken Trail shall be noted in the conservation easement. The conservation
easement shall be granted in favor of the City of Palm Springs.
43. Lots#11-16 shall have conservation easements recorded for all areas above the no-
build line.
44. The developer shall prepare and cause to be recorded CC&R's which shall address
conservation easements and no build restrictions. The no build restrictions shall
include provisions against the construction of structures, trails, pools, landscaping,
and hillside lighting, etc,
060025
f
45. The developer shall design ands construct all water mains, fire hydrants and on-site
circulation in accordance with City of Palm Springs Fire Department rules and
regulations prior to the issuance of building permits.
46. The developer shall create and implement ,with consultation and approval from the
City of Palm Springs Fire Department, a fuel modification plan which provides fire
safety buffer treatments between natural and open space and planned buildings,
which provided for long term maintenance of the buffer, prior to issuance of
occupancy permits. Maintenance under the plans shall continue for the life of the
project.
47. The construction of this project shall utilize, to the extent feasible, non-combustible
exterior building materials, and fire resistant ornamental vegetation, subject to Fire
Department approval prior to issuance of building permits.
48. An on-site archeological monitor shall be present during all grading operations. An
archeological reportshall be submitted bythe monitortothe Cityfollowing observation
of grading operations. In addition to an archeological monitor, a Native American
cultural resource monitor be present during all phases of grading.
POLICE DEPARTMENT:
49. Developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal
Code.
WASTE DISPOSAL SERVICES:
50. The location of the trash enclosure is acceptable subject to approved construction
details approved by the Director of Building and Safety consistent with approved City
details.
ENGINEERING
The Engineering Department recommends that if this application is approved, such
approval is subject to the following conditions being comple ed in compliance with City
standards and ordinances: j 5ubm,� ed
51, The developer shall submit a final soils report and hydrology study with
recommendations to the City Engineer with the first submittal of a grading plan.
52. Dedicate an easement for sewer and public utility purposes with right of ingress
and egress over the private street. The easement shall be the width of the travel
way from back of curb to back of curb. Provide the City with Key or card (whatever
access mechanism is used)for access to the development for sewer maintenance
purposes.
53. The developer shall comply with Riverside County Flood Control and Water
Conservation District requirements placed on this project, and approved by the City
Engineer.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer,
STREETS
54. Any improvements within the street right-of-way require a City of Palm Springs
Encroachment Permit.
55. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Department. The plan(s) shall be approved by the City Engineer prior
to issuance of any grading or building permits.
Minimum submittal shall include the following, IF applicable:
A. Copy of signed Conditions of Approval from Planning Department.
B. All agreements and improvement plans approved by City Engineer, IF
applicable.
C. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, reimbursement agreements, etc, required
by these conditions.
VIA MONTE VISTA
56. The existing fire hydrant shall be relocated out of the main entry and a blue marker
shall be placed in the street opposite the relocated fire hydrant, per Fire
Department standards.
57. * Construct a minimum 5 foot wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
58. Developer shall construct an intersection of the Private Street with Via Monte Vista
and Crescent Drive, complete with curb returns, cross-gutter, access ramps, and
removals and relocation of existing improvements. The intersection design shall be
shown on the Street Improvement Plans for the Private Street and be subject to
the review and approval of the City Engineer.
The maintenance driveway along the east property line shall be redesigned to
intersect with the private street.
59. All broken or off grade CURB, GUTTER AND AC PAVEMENT shall be repaired or
replaced.
* Indicates conditions to be deferred by covenant.
PRIVATE STREET
60. All centerline radii shall be a minimum of 130 feet.
61. The right-of-way width of the private street shall be 37 feet.
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62. Construct a Type B-1 curb and gutter, or other curb configuration (wedge curb) to
the satisfaction of the City Engineer, 18 feet both sides of centerline along the
portions of the street with on-street parking and 12 feet both sides of centerline
along the portions of the street with no on-street parking per City of Palm Springs
Standard Drawing No. 200.
63, Deleted.
64, Construct minimum 10 wide driveway approaches at approved locations to each
lot, in accordance with City of Palm Springs Standard Drawing No, 201.
65. See Condition No. 83 for gated entrance requirements for Main Entries that are
proposed to be gated.
66. The curb radius throughout the cul-de-sac bulb shall be a minimum of 43 feet.
67. Construct pavement with a minimum pavement section of 2-1/2 inch asphalt
concrete pavement over inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, OR equal, from edge of proposed gutter to
edge of proposed gutter along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110. The pavement section shall be designed,
using 'R"values, by a licensed Soils Engineer and submitted to the City Engineer
for approval-
SANITARY SEWER
68. Connect all sanitary facilities to the City sewer system. Lateral shall not be
connected at manhole.
69. Developer shall construct an 8 inch sewer main across the entire PRIVATE
STREET frontage and connect to the existing sewer system manhole at the
intersection of Via Monte Vista and Crescent Drive.
70. All sewer mains constructed by the developer and to become part of the City sewer
system shall be televised by the developer prior to acceptance of said lines.
71. Submit sewer improvement plans prepared by a Registered Civil Engineer to the
Engineering Department. The plan(s) shall be approved by the City Engineer prior
to issuance of any grading or building permits.
Minimum submittal shall include the following:
A. Copy of signed Conditions of Approval from Planning Department.
B. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, reimbursement agreements, etc. required
by these conditions.
C. Sewer Study/Report, IF required by these conditions.
72. Stamp an "S" on the top of curb where all laterals cross to each lot.
GRADING
73 A copy of a Title Report prepared/updated within the past 3 months and copies of
record documents shall be submitted to the City Engineer with the first submittal of
the Grading Plan.
74, Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering
Department for plan check- A PM 10 (dust control) Plan shall be submitted to and
approved by the Building Division 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.
Minimum submittal includes the following:
A. Copy of signed Conditions of Approval from Planning Department.
s. Copy of Site Plan stamped approved and signed by the Planning
Department.
C. Copy of Title Report prepared/updated within past 3 months-
D. Copy of Soils Report-
E. Copy of Hydrology Study/Report.
F. Copy of the General Construction Activity Storm Water Permit from the
State Water Resources Control Board (Phone No. 916 657-0687) to the
City Engineer prior to issuance of the grading permit.
75, Drainage swales shall be provided adjacent to all curbs and sidewalks - 3'wide
and 6"deep-to keep nuisance water from entering the public streets, roadways,
or gutters.
76. Developer shall obtain a General Construction Activity Storm Water Permit from
the State Water Resources Control Board (Phone No. (916)-657-0687) and
provide a copy of same, when executed, to the City Engineer prior to issuance of
the grading permit.
77. In accordance with City of Palm Springs Municipal Code, Section 8,50,00, the
developer shall post with the City a cash bond of two thousand dollars ($2,000.00)
per acre for mitigation measures of erosion/blowsand relating to his property and
development.
78. A soils report prepared by a licensed Geotechnical Engineer shall be required for
and incorporated as an integral part of the grading plan for the proposed site. A
copy of the soils report shall be submitted to the Building Department and to the
Engineering Department along with plans, calculations and other information
subject to approval by the City Engineer prior to the issuance of the grading permit.
The previous Soils Report required that proposed buildings be constructed a
minimum of 30 feet from the toe of steep, rocky slopes- A catchment area shall be
constructed between the toe of slope and buildings. The height and width of the
retention walls shall be determined by the Soils Report and submitted to the City
Engineer for review and approval. An alternate design for the catchment area may
be proposed by a Geotechnical Engineer subject to review and approval by the
City Engineer prior to issuance of grading permits. If any changes are to be made
to the mitigation measures of the previous report, said report shall be revised to
mitigate the new site conditions.
79. Contact the Building Department to get information regarding the preparation of
the PM10 (dust control) Plan requirements.
80, 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 import or
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 or Within Quarantined Areas of Orange, Riverside, and
Los Angeles Counties" (RIFA Form CA-1) or a verbal release from that office prior
to the issuance of the City grading permit. The California Department of Food and
Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone:
760-776-8208)
DRAINAGE
81, The developer shall accept all stormwater runoff passing through and falling,onto
the site and conduct this runoff to an approved drainage structure (if available).
On-site retention/detention or other facilities approved by the City Engineer shall be
required if off-site drainage structures are unavailable or cannot contain the
increased stormwater runoff generated by the development of the site. Provide a
hydrology study to determine if the increased stormwater runoff due to
development of the site exceeds the capacity of offsite drainage structures (if any
exist), and to determine required stromwater runoff mitigation measures for this
project.
82, The project is subject to flood control and drainage implementation fees and/or
construction of drainage facilities (Line 14) according to the approved Master Plan
of Flood Control and Drainage. Validated costs incurred by the developer for
design and construction of storm and/or drainage improvements adjacent to such
development as shown in said Master Plan shall be credited toward the drainage
fee otherwise due or in the event such cost exceeds the fee otherwise due, the
City will enter into a reimbursement agreement with developer to reimburse him for
such excess costs from drainage fees collected from other development. The
acreage drainage fee at the present time is $9,212.00 per acre per Resolution No.
15189. This condition shall be complied with, to the satisfaction of the City
Engineer, prior to filing any final map or issuance of the building permit-
ON-SITE
83. The following requirements for a gated entry shall be met to provide adequate
setbacks and turning movements for vehicles entering the primary parking facilities
of this project:
A. Provide a minimum 50 foot setback to the access gate control mechanism.
B. Provide a turnaround after the mechanism for vehicles unable to enter the
project.
C. Security gates shall be a minimum of 15 feet clear width in each direction.
GENERAL
84. Any utility cuts in the existing off-site pavement made by this development shall
receive trench replacement pavement to match existing pavement plus one
additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement
shall be restored to a smooth rideable surface.
85. All existing and proposed utility lines that are less than 35 kV on/or adjacent to this
project shall be undergrounded. The location and size of the existing overhead
facilities shall be provided to the Engineering Department along with written
confirmation from the involved utility company(s)that the required deposit to
underground the facility(s) has been paid, prior to issuance of a grading permit.
All undergrounding of utilities shall be completed prior to issuance of the first
Certificate of Occupancy requested for this project.
86. All proposed utility lines (service drops) on/or adjacent to this project shall be
undergrounded prior to issuance of a Certificate of Occupancy.
87. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
The approved original grading/street plans shall be as-built and returned to the City
of Palm Springs Engineering Department prior to issuance of the first Certificate of
Occupancy requested for this project.
88. The developer is advised to contact all utility purveyors for detailed requirements
for this project at the earliest possible date.
89. The developer shall take every precaution needed to "Protect-in-Place" any
existing Whitewater Mutual Water Company water line(s) that may traverse his
project.
90. Nothing shall be constructed or planted in the corner cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code 93.02.00 D.
91. 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
MAP
92. The Title Report prepared for subdivision guarantee for the subject property, the
traverse closures for the existing parcel and all lots created therefrom, and copies
of record documents shall be submitted with the Final Map to the Engineering
Department.
93. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil
Engineer and submitted to the Engineering Department for review. Submittal shall
be made prior to issuance of grading or building permits. a 0®0 2 1
94. A reciprocal access easement agreement between Lot 15, Lot 16 and Lot 17 shall
be indicated on the Final Map, or recorded as a separate document prior to
issuance of grading or building permits.
TRAFFIC
95. The developer shal! provide a minimum of 48 inches of sidewalk clearance 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 or shall be responsible for the relocation
of all existing traffic signal/safety light poles, conduit, pull boxes and all
appurtenances located on the VIA MONTE VISTA frontage of the subject property.
96. Street name signs shall be required at each intersection in accordance with City of
Palm Springs Standard Drawing Nos. 622 and 623,
97, A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND"shall be
installed per City of Palm Springs Standard Drawing Nos. 620-625 at the following
locations:
Via Monte Vista and Private Street
Crescent Drive and Via Monte Vista
The "STOP" sign at the northeast corner of Crescent Drive and Via Monte Vista
shall include a warning sign indicating that cross traffic on Via Monte Vista does
not stop.
98. The developer shall provide and install a 9,500 lumen high pressure sodium vapor
safety street light with glare shield on a marbelite pole on the NORTHEAST corner
of CRESCENT DRIVE and VIA MONTE VISTA with the mast arm over VIA
MONTE VISTA. The developer shall coordinate with Southern California Edison for
required permits and work orders necessary to provide electrical service to the
street light. As an alternative, other decorative landscape and entryway lighting
which adequately illuminates the project entry may be considered.
99. 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.
100. This property is subject to the Transportation Uniform Mitigation Fee based on the
RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use.
FIRE
101. Access During Construction: Access for fire fighting equipment shall be provided
to the immediate job site at the start of construction and maintained until all
construction is complete. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet and an unobstructed vertical clearance of not less
than 14'6". Fire department access roads shall have an all weather driving surface
and support a minimum weight of 67,500 lbs. (Sec. 902 CFC)
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102. Fire Apparatus Access Plans: Plans for fire apparatus access road shall be
submitted to the fire department for review and approval prior to construction.
Plans shall include certification from a Registered Professional Engineer stating
the roads are of all weather construction and capable of supporting fire apparatus
weighing 67,500lbs. G.V.W. (901.2.2.1 CF).
103. Water Systems and Hydrants. Where underground water mains are to be
provided, they shall be installed, completed, and in service with fire hydrants or
standpipes (or combinations thereof located as directed by the fire department) not
later than the time when combustible materials are delivered to the construction
site. (Sec. 903 CFC)
104, Residential Fire Hydrants: Residential fire hydrants shall be installed in
accordance with DWA specification and standards. No landscape planting, walls
or fencing are permitted within three (3) feet of fire hydrants, except ground cover
plantings.
105. Site Plan: Provide the fire department with two (2) copies of an approved site plan.
Approved locations for fire hydrants will be marked on this site plan, with one (1)
copy being returned to the applicant. The second copy will be retained by the fire
department.
106. Fire Hydrant Systems: Following fire department selection of hydrant locations,
plans and specifications for fire hydrant systems shall be submitted to the fire
department for review and approval prior to construction. (901.2.2.2)
107. Building or Complex Gate Locking Devices: Gate(s) shall be equipped with a
KNOX key switch device or key box. Contact the fire department for a KNOX
application form.
108, Residential Smoke Detector Installation: Provide residential smoke detectors.
Detectors shall receive their primary power from the building wiring and shall be
equipped with a battery backup. (310.9.1.3 CBC)
109 Site Fire Protection: Provide a garden hose or hoses on construction site
equipped with an adjustable spray nozzle capable of reaching all combustible
construction.
110. Premises Identification: Approved numbers or addresses shall be provided for all
new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property.
111, Fire Department Access Road Dimensions: Provide a minimum of 20 feet
unobstructed width. If parking on access road is desired, provide an eight (8) foot
parking lane with opposing curb marked red with appropriate signage for a total of
28 feet in width. Provide an additional eight (8) feet for parking on both sides of
access road for a total of 36 feet width.
112. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an
unobstructed vertical clearance of not less thanl4'6".
113. Fire Flow Determination: Provide information on the size of the proposed buildings
and type of construction. This is necessary to determine fire flow requirements. All
residences located at toe of slope will require automatic fire sprinklers. All other
residences may be required to have automatic sprinklers, depending on size and
type of construction.
114. Distance From Water Supply: It appears that portions of buildings to be
constructed on several lots could be more than 150 feet from a water supply on a
public street. This may require the construction of additional on-site fire protection
facilities. (903.2 CFC)
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