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HomeMy WebLinkAbout6/18/2008 - STAFF REPORTS - 2.G. ���?PLM SA4 iy V 1n %V1City Council Staff Report June 18, 2008 CONSENT CALENDAR Subject: TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31525 WITH K. HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY K. Hovnanian's Four Seasons at Palm Springs, LLC, is requesting a 14'/2 month extension of time for the Subdivision Improvement Agreement (Agreement No. 5439) for Tract Map No. 31525 ("Four Seasons"). Thirteen homes of this 70 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. 5439) for Tract Map 31525, with K. Hovnanian's Four Seasons at Palm Springs, LLC, a California Limited Liability Company. STAFF ANALYSIS: On March 7, 2007, City Council approved a Final Map for Tract No. 31525, a 70 lot single family subdivision, and a corresponding Subdivision Improvement Agreement (Agreement No. 5439), with the developer, K. Hovnanian's Four Seasons at Palm Springs, LLC, a California Limited Liability Company. 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 June 3, 2008. However, due to the downward trend in the real estate market, the developer requested and received an administrative time extension by the City Engineer, extending the expiration of the z•&•STEM NO. City Council Staff Report June 18, 2008 TM31525 Subdivision Omprovement Agreement Time Extension 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 27, 2008, the City Engineer received a written request from the developer for a 14%2 month 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 a section of colored concrete sidewalk on Sunrise Way, final asphalt paving of on-site streets, repair or replacement of approximately 50% of the on-site curb and gutter, final adjustment to grade of sewer manholes and water valves, final approval of the on-site sewer and water systems, and subdivision monumentation. Thirteen of the 70 homes have been constructed; 7 homes are currently owner occupied, and the remaining 6 homes are vacant. None of the 7 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) Fan Palm Way shall have the top lift of asphalt paving installed from the southeast corner of the tract to the north property line of 1910 Fan Palm Way (Lot 8), as well as repair or replacement of damaged curb and gutter in the same location; 2) the section of colored concrete sidewalk on Sunrise Way shall be constructed; 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: None David J. Barakian Thomas J_ ilson Director of Public Works/Ci Engineer Assistant ity Manager David H. Ready, Ci ager Attachments: 1) Vicinity Map 2) Subdivision Improvement Agreement 000002 �S. i FOUR ; SEASONS TRACT 31525 ALTERNATE STREET NAMES STREET NAME EXHIBIT . SUNNY SKY WAY- Iwo u � DESERT SKY WAY TWO 14 .F ' e ssao qq ._�1C_� I .1sOjy, •.. ] 3r__83'< �7 53Fp __ eC43. 1EaE • 3 190 8348^C 58F9 1 5a18 f of 392t_ ' •. - _ 3p•T_ .59ao 19.ea 31 ? :876 •' Lor a ® 3828-- I w _ PREPARED fpR: PRCPAREp RY: " IL HOVNANIAN T� oinV°° e' CC}. MA CP CfLRMNA ®HpNy AKIR L ASSp MATES C pl 3i p5 I ], Ceh�ls p,= urr:e enaec 13l101V1ES or- 170 )-Avt CF-AT) F) CATF-5 ©F oLcv /iNC�Y AL-i Ong=.s 1 i L S T V L ET5 I C E VGA S�-'G PA V EP (W!Y) I ❑OC # 2007-0708552 11/21/2007 08:000 Fee:NC 1 Recorded PineOfficial Records County of R;varsydc RECORDING REQUESTED 0Y. Larry N. Ward CrTY Or PALM SPRINGS Assassor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: 1111111111111111111111111111111111111111111111 City of Palm Springs S R U PAGE SIZE DA MISC LONG RFD COPY P. O. Box 2743 1 35 Palm Springs, CA 92263 M A L ass 426 PCOR NCOR smF cR 9xW Attn: Office of the City Clerk gl a Kiting fee E]CEMPT per Government Code 6103 A5439 Subdivision Improvement Agreement by and between 8 CITY OF PALM SPRINGS and K. HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS, LLC a California Limited Liability Company THIS AREA FOR RECORDER ' S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement') is entered into this 5"6 day of k;,h ee wb-en�-w , 20p •by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and K HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS, LLC, a California Limited liability Company (Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 31525 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 fie Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs Lots "H" and "I' for street and public utility purposes; easements for public utility and sewer purposes with right of ingress and egress for service and emergency vehicles and personnel over the on-site private streets (Lots "D" "J" "K" "U' "M" "N" "O", and "P"), as shown on the map; easements for sidewalk and public access purposes, as shown on the map; easements for public utility purposes, as shown on the map; and City desires to accept the public dedication as shown on the final map, and certain other improvements 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 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1�20A2 oFa 00fl ' ooaa , 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 Improverrenn, 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 cast for the Works of Improvement is$2,939,000.00. 1.2 Other ObGcations 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 ahib4"&'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 hislher 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. i 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 Survev 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). 2 1 IIIIII 1IIII1I III IN IIIII 1111111111 III 1110 IIII 1111 1I/2 03 t,e 5 90R O D O M 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph A, 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_ 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 3 IIIIII IIII ll IIII IIIIII����� III IIII�I IIIlI IIII IIII rr �4o f 55 0 0 0 0 direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance With the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of of t the work for failure he contractor to comply with law pursuant to Section 1 A 1. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them property 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 4 Illlll IiIIIII IIII IiIIlI IIIII llll iIIIII III IIIII IIII IIII 112005 o 03550aA ©� improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (11) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Rgguirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Maieure. 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 Citys 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 Subdividers 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 5 IIIIIIIfllllllfllllflllllllllilll1111111111f11111111111110A6 0i,S$ �cda�s I - ---------- 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 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 fallowing 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"): 6 !I I IAllll IIIIIII IIII IIIII�Ii iI I II I�IIII III IIII Ilfl IIiI a r z00i�e�easssow I � �®� (i) A Security Instrument securing Subdividers faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $2,939,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. Cfi) 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 $1,469. 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$35.8%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) Reguired 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 $440.850A0 equal to 150/6 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 4A(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. Bests Company, aldwick, New Jersey, 06658. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard &Poor's, (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to Cify. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that 7 III�II��IIIII IIII IIIAII IIIII III 11111111111111 IN 1111 ure 0,12097 asssea O G U d 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 Subdividers interest in funds on deposit in one or more bank accounts with financial Institutions acceptable to City. (d) General Requirements for all Security Instruments. (1) 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). (il) 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). (N) 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. 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, 8 IIIIII ©0 Q 012 IIIII1IIIII111111111111111111111111111 IIII 1111 ri 2A0s orA055eaw 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 tp 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; (h) 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 s Z0A7-0790552 r'� r1�r� r . II I 112112807 W 00R O U OQ L� U^ I IIIIII iIIIIiI IIIi IIIIII iIIiI IIII IIIIII III iIIIII III III 10 oT 35 i I separate Reimbursement Agreement to be entered into between Subdivider and City Prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. & Acce Lance of OffeLs 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 (16) 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 andfor 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. 10 IIAAIIIAIIIIIIIIIIIIIIIIIIIIIIIIIIAIIIIIIIIIII�IIIIIIII ii 21/208;10 35 9-eOO 06001 4 '.I 8.2 City_ Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorneys 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 attorneys 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 ail 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. Indemni Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns_ Neither City nor 11 IIIIII IIIIII IIII IIIIII(IIII IIII I�IiII III I�I�II III IIII i Ire66 a eQf 35ase 090075 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, CorporateAuthorifv.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. kfwHfi (Signatures on Next Page) 12 I I IIIIII IIIIIII IIII IIIIII IIIII IIII IIIIII II III I III IIII 1121/ 0e�035809 � �� 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 Y er James Thompson, Cily Clerk David H. Ready,, Cit��iager` STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: David Barakian, City Engineer APPRfiVEd l3Y CITY COUNCIL Q2 •17 (� I� SUBDIVIDER: K. HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS, LLC, a California Limited Liability Company 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 Agreement. By: By: Signature (notarized) ignature(no rized) JAR�EI1 NIGIIl►W,VICE PPESMW Name: Name: K WWMN MOAFAW1 QFCA1 N C, .Title:Authorized Agent Title: AUTHCAMAGEM (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 13 eafaSoaR 0 Q Q 0 17 E ry¢ 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 u r y ��� James Thompson,City Clerk David H. Ready C alter STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY- APPROVED BYCNYCOUNCIL � David Barakian, City Engineer SUBDIVIDER: K. HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS, LLC, a California Limited Liability Company E 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 Agreement. 9 By., By: - — Signature(notarized) ign a(no rize f Name: Name: rc�iwWsoFeurrartrru wc. Title:Authorized Agent Title: � � 1 (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) r 13 D . h If I I t IIIIII III��II 1111111111111111111 MIT 111111111 IIII rr/e0015 of 95 I Mailing Address- K. Hovnanian's Four Seasons at Palm Springs, LLC 2496 Campus Drive Irvine, CA 92612 14 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillll 11 0 aQaa$$ oo®a l i ALL-PURPOSE ACKNOWLEDGMENT 1 State of c� CAPACITY CLAIMED[3Y County of Na{ay.��1 ��(GNER OrI 2 before me, J Date Nape, Title of Offf r c INDIVIDUAL(S) personally appeared )71 oCORPORATE NAM (S)D SIGNERS) DFFlCER(S) FP personally known to me-OR— TITLE(S) o proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S) personsS whose nameK rsf� subscribed to the within OATTORNEY IN-FACT instrument and acknowledged to me that he/sheAwy executed oTRUSTEE(S) r the same In his/hrarftheir authorized capaofty(€es), and that by oSUBSCRIBJNG WITNESS his/her�tgeir signature(, bn the !nstrume9n!,Jhe personK or the oGUARDIANICONSERVATOR W; entity upon behalf of which the persons(t) acted executed instrument, the ❑OTHER M1; amp € ^N Witness my hand and official seal_ �w Cam12110n#s 15�78215 SIGNER IS REPRESENMG: Sign eofNotary Notary hbNo-caWpgo �. omrgs carry - MYcam��YuMoYtJ,2pppf =� ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Tifle or Type of Document MUST 13E ATTACHED �.. TO THE DOCUMENT Number of Pages S _DATE OF DOCUMENT DESCRI3ED AT RIGHT: Signers Other Than Named Above 15 .. _. QQd�2� • i EXHIBIT"A" TRACT MAP 31525 LEGAL DESCRIPTION Tract Map No. 31525, as recorded in Map Book Pages through 9a inclusive, records of Riverside County, California- 16 Illllllllllllllllllllllllllllllllllllllllllllllllllllll 112°°ISof 35� ! EXHIBIT"B" TENTATIVE TRACT MAP 31525 CONDITIONS OF APPROVAL 17 IIIlIIII11111111111111111lIIIIIIIIIIIIIIIIllillllllllll 11 z�19 of:350� ' Resolution No.21567 Page 6 Case No. 5.0866-B Tentative Tract Map 31525 K. lgovnanian Four Seasons East Side of Sunrise Way North, between San Rafael Drive and White Water Wash CONDITIONS OF APPROVAL May 3, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SP-EGIFIC-CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the P21m Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulafions. 2- The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officer;, 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 5.0866-B Tentative Tract Map 31625. 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 or 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. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences II I I�IIII IIIIIII IIII III�II IIIIIIfII Illl�l Ill I�IIIII II I��I 11 20�007OB83S00R 000023 Resolution No.21567 Page 7 between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of $1,314.00 plus an administrative fee of W.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination- Action on this application shall not be final until such fee is paid 5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted if required- 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 114% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 7. 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. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee, The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. In the event the applicant dedicates to the City and the City accepts the area designated on the map as Lot A, the applicant's obligation to pay a fee for parkland improvements as otherwise provided in this Condition No. 7. �I IIIIIIII�IIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIllllll�IIIII it 2Ae21 f 35esR ® 7! Resolution No.21567 Page 8 Environmental Assessment 8, 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 mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: • MM IV-1 Suitable candidate site(s) totaling a minimum of five acres in size will be identified by a qualified biologist, in coordination with the project applicant, the City of Palm Springs, and the Coachella Valley Mountains Conservancy. The site will be purchased by the applicant and donated to the Conservancy for preservation in perpetuity. Preservation will be ensured by the dedication of a conservation easement or other appropriate mechanism. (Biological Resources) • MM V-1 Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interiors Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. (Cultural Resources) • MM V-3 In the event that cultural resources are located during grading, construction activities must be halted in the vicinity of the find and BIA Regional Archaeologies and project archaeologist shall be notified. Work should not proceed in the area of the find, but rather be redirected if possible, until a qualified archaeologist has been consulted to determine the significance of the find, The City of Palm Springs General Plan Historic element policy 5b/16 includes the requirement "...if archaeological resources are uncovered during grading for any project within the planning area,the building contractor shall stop grading immediately, The contractor shall notify the City and shall summon a qualified archaeologist to determine the significance of uncovered resources and specify appropriate mitigation." (Cultural Resources) • MM V-4 Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to approval of final maps. • MM V-5 In the unlikely event that human remains are encountered during the project, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made the II I IIIIII IIIIII IIII IIIIII IIIII IIII IIIIII III IIIIIII II III ii z002 m70ee35 I o o Q a 2 Resolution No,21567 Page 9 necessary finding as to origin and disposition of the remains pursuant to Public Resources Code Section 5097,98, Specified actions must be taken immediately upon the discovery of human remains: (1) Stop immediately and contact the County Coroner, (2) The Coroner has two working days to examine human remains after being notified by the responsible person. If the remains are Native American, the Coroner has 24 hours to notify the Native American Commission; (3) The Native American Heritage Commission will immediately notify the person it believes to be the most likely descendent of the deceased Native American; (4) The most likely descendent has 24 hours to make recommendations to the owner, or representative, for the treatment or disposition, with proper dignity of the human remains and grave goods; , (5) If the descendent does not make recommendations within 24 hours, the owner shall re-inter the remains in an area of the property secure from further disturbance, or if the owner does not accept the descendant's recommendations, the owner of the descendent may request mediation by the Native American Heritage Commission. (Cultural Resources) • MM XI-1 All construction vehicles or equipment,fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with property operating and maintained mufflers. This requirement shall be included on the contractor specifications and shall be verified by the Planning Director. (Noise) MM XI-2 Stockpiling and/or vehicle staging areas shall be located on-site and as far as practical from sensitive noise receptors, i.e., residential areas. This requirement shall be included in the contractor specifications and shall be verified by the Planning'Director_ (Noise) . MM XV-1 For long-range future conditions (year 2020), a traffic signal is estimated to be warranted at the intersection of Sunrise Way and Four Seasons Boulevard. Since the traffic signal is warranted after the completion of the project buildout year (2007), the project applicant will deposit the total cost of the traffic signal with the City of Palm Springs for use when the traffic signal is warranted. (Transportation/Traffic) 9. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is I��III IIIIIII 1111 Mill III IN 111111111 mIII 1111111 1in00z��700�sese O O�O 2� Resolution No.21567 Page 10 supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. CC&R's 10. The applicant shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&Rs") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded with the County Recorder's Office at the same time as recordation of the final map. A copy of the final documents shall be submitted to the Director of Planning Services after recordation. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 11. The costs for City Attorney review of the CC&Rs shall be borne by the applicant. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500.00, towards the cost of the review of the CC&Rs. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Final Design 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 13. The final development plans shall be submitted in accordance with Section 94.03.00 of the zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2)years of the approval of the tentative tract map. 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 Services 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 on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. IIIIII IIIII�I II I IIIIII IIIII IIII IIIIII III IIIIIII II I II r rrzv�ecf 35aea Resolufion No,21567 Page 11 Public Safety CFD 16. The Project will bring a significant number of additional residents to the community. The Citys existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seg., or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. General Conditions/Code Requirements 16. 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 Services for review and approval prior to the issuance of a building permit_ Refer to Chapter 8.60 of the Municipal Code for specific requirements. 17. 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 Cade for specific requirements. 18. 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. 19. 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 priorto issuance of building permits. 20. All materials on the flat portions of the roof shall be earth tone in color. 21. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03,00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6"above the equipment for the purpose of screening. l Illllll1111111 Jill 11111111111 Jill 1111111111111111111111 !If 2097 ea085 2 °° Resolution No.21567 a Page 12 22, No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 2a. Perimeter walls shall be designed, installed and maintained in compliance with the comer cutback requirements as required in Section 93.02.00.D. 24. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 25. The street address numbering/lettering shall not exceed eight inches in height, 26. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 24 California Building Standards Code of the California Code of Regulations. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 27. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. 28. No more than 70 single family dwelling units shall be developed within the subdivision. Engineering Department Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. NORTH SUNRISE WAY 3. Dedicate additional right-of-way as necessary to construct the Sunrise Parkway, along projecthract frontage associated with Tentative Tract Map 31848, the "Palm Springs Village", as required by the City Engineer. 4. Construct a 12 feet wide meandering combination sidewalk and bicycle path along the entire projectitract frontage. The construction shall be made with colored IIIIII IIIIIAI IIII IIIIII IIII IIII IAI�AI III IIIIIII II IIII E807 m7B0 G 11J21l2007 00 0R Resolution No.211367 Page 13 Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. Easements shall be granted for the portions of the bicycle path that leave the public right-of-way. 5. The applicant shall deposit its fair share of the cost to construct its portion of the Sunrise Parkway across the project/tract frontage of the development by others. The applicant shall submit an Engineer's Estimate of the cost of its fair share of the construction of the Sunrise Parkway for review and approval by the City Engineer, which shall be deposited with the City prior to approval of a final map. ON-SITE PRIVATE STREETS 6, Dedicate easements extending over the private streets for sewer and public utility purposes with the right of ingress and egress for service and emergency vehicles and personnel. 7. Construct all cul-de-sacs with a minimum curb radius of 43 feet throughout the cul- de-sac bulb. 8. Construct all street "knuckles" in accordance with City of Palm Springs Standard Drawing No. 104. 9. Construct 6 inch curb and gutter, 18 feet on each side of centerline along all on-site 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. 200 and 206. 10. Construct a 6 feet wide cross gutter and spandrels at all intersections (where required) with a ffow 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. 11. Construct driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. 12. Construct a 5 feet wide sidewalk behind the curb along both sides of the entire on- site street frontages in accordance with City of Palm Springs Standard Drawing No, 210. 13. Construct Type A curb ramps meeting current California State Accessibility standards at all on-site street intersectlons in accordance with City of Palm Springs Standard Drawing No. 212, as required by the City Engineer. 1 14. Construct Type B curb ramps meeting current California State Accessibility standards across from all cul-de-sac intersections in accordance with City of Palm Springs Standard Drawing No. 213. Alternatively, driveway approaches may be located opposite cul-de-sac intersections- l I IIIIII IIIIIII IIII III�II IIIAI IIII IIIII�III III�III II IIII i ilz6i�rE7 or 3 eeR d Q Q I Resolution No.21567 Page 14 15. Construct a minimum pavement section of 2'/z inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, within all paved areas in accordance with City of Palm Springs Standard Drawing No. 110 and 300. 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. SANITARY SEWER 16. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 17. Construct 8 inch V.C.P. sewer mains within all on-site streets and connect to the existing 8"sewer main located within the Sunny Springs Way and Fan Palm Way, 18, 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. 19. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. GRADING 20. Submit a Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 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 fugltive dust source such that the applicable performance standards are met. The applicants 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 Engineering Department with current and valid Certificate(s) of Completion from AQMD for staff that has 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 AQMD at (909)396-3752, or at www.AQMD-gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control 111111111111 IN 2ee2e Oe 25� 11/21J200708 BBR (� rn� y U �ll�a�iai Resolution No.21567 Page 15 Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of final approved Conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of a current Title Report; a copy of the Solis Report; and a copy of the associated Hydrology Study/Report. 21. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the adjacent streets, roadways, or gutters. 22. 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. 23. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. ' 24, A soils report prepared by a California registered Geotechnical Engineer shill 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, 25. 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 or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-f) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert(Phone: 760-776-8208). DRAINAGE 28. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City ,Engineer. For all stormwater, runoff falling on the site, on-site retention or other facilities 'approved by the City Engineer shall be required to contain the increased stormwater runoff generated by ' the development of the property, as described in the Preliminary Hydrology Report for Tentative Tract No. 31525, prepared by MSA Consulting, Ina, dated September 12, 2005. Final retention basin sizing, storm drain pipe sizing, and catch basin sizing and other specifications for construction of required on-site storm drainage i IIIII I�IIIII IIII IIIII!IIIII IIII(IIIII I�I�Allh�I IIII i ifz002 0of 35 500R 000022 Resolution No-21567 Page 16 improvements shall be finalized in the Hydrology Report for Tentative Tract Map ' 31525. 27. The applicant shall install a drywell, or series of drywells, or alternate solution, within the retention basins proposed at the southeast comer of the development as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywell(s) shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events), unless otherwise approved by the City Engineer. provisions shall be included in the Covenants, Conditions and Restrictions• (CC&R's) for this development that require the routine maintenance of the drywell(s) by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywell(s) if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be given the right, in the interest of the publics health, safety, and welfare, to order the removal and replacement of drywell(s) in the event the HOA is non-responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. 28. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 29. The applicant shall be responsible for construction of all required drainage improvements, including but not limited to catch basins and storm drain lines, for drainage of on-site streets into the on-site retention basins, as described in the final Hydrology Report for Tentative Tract Map 31525. 30. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 31. 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� The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of of-ske streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site ' streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing of-site streets shall be returned IIIIIIIIIIIIIIIIIIIIIII III IIII IIIIIIIIIIIIIIIII III tif200a eo0es35 BOUGH Resolution No.21567 Page17 ' to a condition equal to or better than existed prior to construction of the proposed development. 32. All proposed utility lines shall be installed underground. 33. In accordance with Chapter 8.04- 01 of the City of palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the property shall be installed underground, A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to issuance of any building permit. Undergrounding of applicable overhead utility lines shalt occur in two phases: Phase 1 shall consist of undergrounding overhead utilites within the residential portion of the site; and Phase 2 shall consist of undergrounding overhead utilities within the dedicated park site. All Undergrounding of overhead utilites shall be completed prior to Issuance of any Certificate of Occupancy in the final construction phase, or final eight residences, whichever is more. 34. 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 fine. 35. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 36. 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. 37• 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 Section 93.02.00, D. 38. 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. it �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII Jill 1111-1118552 1320e 21 ir2S 0R 44Y1 Ci'�c71` Resolution No.21567 Pogo 18 MAP 39. 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 for the existing parcel and all lets 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. 40. The applicant shall grant all rights, title and interest in Lot "G" to the City of Palm Springs on the final map,free of any covenants,conditions or. 41. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the final map, and shall be approved by the City Engineer prior to approval of the Final Map. 42. Upon approval of a Final Map, the Final Map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission"from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of- way, and centerlines shown as continuous lines;full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DON (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 43. Based on the traffic study submitted by Urban Crossroads (dated February 8, 2005),the following mitigation measures will be required: a. Install a 24 Inch stop sign, stop bar, and "STOP" legend at the on-site private intersections along Savanna Trail at Sunny Springs Way and Fan Palm Way in accordance with City of Palm Springs Standard Drawing Nos. 620-625. b. Payment of applicant's fair share of 100% of the cost to install a traffic signal at the Sunrise Way and Four Seasons Boulevard intersection_ The applicant shall deposit$150,000 to the City for installation of the traffic signal in the future, , when warranted, as determined by the City Engineer. The deposit shall be made prior to approval of a final map IIIIII�IIIIII1EIIIIIIIIIIIIIIIIIIIIIII11IIIIIIIII1 ii 2gZ�'Oe oa&ssUR J - -- . . ' ReSoluiton No.21567 Page 19 c. Payment of applicant's fair share of 12.8% of the total cost to install a traffic signal at the Indian Canyon Drive and Sunrise Parkway intersection. The applicant shall deposit $19,200 to the City for installation of the traffic signal by others. The deposit shall be made prior to approval of a final map. 44, A minimum of 48 inches of clearance shall be provided on proposed sidewalks for handicap accessibility. 45. All damaged, destroyed, or modified traffic control devices, pavement legends, or striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of occupancy. 46. Install a street name sign at each intersection of the on-site private streets in accordance with City of palm Springs Standard Drawing Nos. 620 through 625. 47- 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. 48. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Wastes 1. Trash cans shall be screened from view and kept within fifty(50)feet of the street. Police De ap rtment 1. Developer shall comply with Article 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. Construction Requirements: All Construction shall be in accordance with the 1998 California Fire Code, the 1997 Uniform Building Code, City of Palm Springs Engineering requirements, City of Palm Springs Fire Protection Plan, ' Vol 11, City of Palm Springs Ordinance 1570, Desert Water Agency specifications, NFPA Standards plus UL and CSFM listings. IIIIIIIIIIIIIIII IIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11 2�A33 of 35Befl i 1!fi Q I , Resolution No.21567 Page 20 2. Streets and Fire Lanes: Street construction, widths, turning radius' and cul-de- sacs shall be constructed in accordance with the 1998 California Fire Code, ' Article 9, City of Palm Springs engineering standards, 1997 California Building Code, and Palm Springs Ordinance 1570, 3. Fire Department Access: Minimum Fire Lane width shall be 20' unobstructed per the 1998 California Fire Code, Article 9. Vertical clearance shall not be less than 14'6". s ` 4. Emergency access Gate Width: Minimum gate width shall be 14'unobstructed. 5, Second Fire Apparatus Access Gate: Provide Fire Department access gate at East end of project. 6. Construction Site Fencing Required: Construction site fencing required for new construction over 5,000 SF, Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows or until the Fire Marshall deems necessary. Provide 14' wide access gates equipped with changeable chains and looks- 7. Construction Site Guard: Construction site guard required for new construction over 5,000 SF per City of Palm Springs Ordinance 1570. Guard to remain on duty 24 hours a day, 7 days per week, as determined by the fire marshal. 8. Turning Radius: The outside turning radius of fire apparatus roads and Cul-de-sac streets shall be at least 43' from centerline, inside turning radius required is 30' from centerline per the 1998 California Fire Code, Article 9 and City of palm Springs Ordinance 1570. 9. Complex Gate Locking Devices: Complex gate(s)) shall be equipped with a KNOX locking device per the 1998 California Fire Code. Contact this office for a KNOX application form as soon as possible. I 10. Fire Hydrants, Water Systems and Standpipes: Fire hydrants shall be installed per NFPA standards, plus 1998 California Fire Code and DWA standards. Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants and standpipes or combinations thereof located as directed by this office, but not later than the time when combustible materials are delivered to the construction site. 11. Water Agency Construction Specifications: All water mains, fire hydrants and devices shall be installed in accordance with Desert Water Agency specifications and standards. 12. Mandatory Fire Sprinklers: Automatic Fire Sprinkler System with 24 hours monitoring is required per City of Palm Springs Fire Protection Master Plan Vol. It and City of Palm Springs Ordinance 1570. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III �ire0034�0Fe35 ' ���Gnw 7' Resolution No.21567 pago 21 ' 13. Fire Sprinkler Installation: Fire sprinklers shall be designed and installed per NFPA 13 and 13D(Modified)by a state licensed C-16 Fire Sprinkler Contractor. 14. Further Commenfs: Further comments as conditions warrant. END OF CONDITIONS 0007-07A8552 !1 1111111111111111111111IN1111111111111111111111 x1 21r�Sof 056P