HomeMy WebLinkAbout5/21/2008 - STAFF REPORTS - 2.L. FpA�M 9,0
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City Council Staff Report
May 21, 2008 CONSENT CALENDAR
Subject: TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT MAP 33936 WITH AMADO HERMOSA II LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY.
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Amado Hermosa II, LLC, is requesting a 2-year extension of time for the Subdivision
Improvement Agreement (Agreement No. 5435) for Tract Map No. 33936 ("Terra Vita").
21 units of this 42 unit residential condominium subdivision have been completed. 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. 5435) for
Tract Map 33936, with Amado Hermosa II, LLC, a California Limited Liability
Company.
STAFF ANALYSIS:
On February 21, 2007, City Council approved a Final Map for Tract No. 33936, a 42 unit
residential condominium subdivision, and a corresponding Subdivision Improvement
Agreement (Agreement No. 5435), with the developer, Amado Hermosa II, 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 is June 4, 2008. However, due to the
downward trend in the real estate market, the developer is requesting a two-year time
extension. The developer has not completed the improvements required under the
Subdivision Improvement Agreement, and is currently working to complete and sell one
Item No. 2 . L
City Council Staff Report
May 21, 2008
TM33936 Subdivision Improvement Agreement Time Extension
condominium unit, with no plans to start construction on any additional units until the
real estate market improves.
On April 30, 2008, the City Engineer received a written request from the developer for a
two-year time extension. Although all off-site improvements have been completed, there
remain some items of on-site work that have not been completed. The on-site
improvements remaining to be completed are final asphalt paving of on-site streets, final
adjustment to grade of sewer manholes and water valves, final approval of the on-site
sewer and water systems, and subdivision monumentation.
Twenty-one of the 42 condominium units have been constructed; 1 unit is a model
home and 20 units are currently owner occupied. None of the 21 constructed units have
fully paved streets. 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 has slowed and will stop,
until the real estate market improves.
It is staffs recommendation that a 1-year time extension be granted at this time, to allow
the developer to complete construction of the project. As a condition of the extension,
those on-site streets adjacent to the 21 constructed units (Avenida Montana, Guzman
Lane, and Terra Vita from Amado Road to the east side of the unit located at 370 Terra
Vita), shall be fully paved at this time. Additionally, the vacant property must be treated
and maintained in accordance with the City's PM-10 Ordinance. If the real estate market
has not improved and housing 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 Thomas J. Wil on
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City Ma
Attachments:
1) Vicinity Map
2) Subdivision Improvement Agreement
000 32
TENTATIVE TRACT 33936
FOR CONDOMINIUM PURPOSES
GOVERNMENT LOT 150
•iN THE CITY OF PALM SPRINGS. COUNTY OF RIYER310E. STATE OF CALIFORNIA
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DOG # 2007-0234298
04/06/2 007ca:06 0AFee:NC
page I Recorded in Official Recard5
RECORDING REQUESTED BY: Ceun4.y of Riverside
CITY OF PALM SPRINGS Larry W. Ward
AND WHEN RECORDED MAIL TO: I IIIIII IIIIIIIIIIII IIIIII31IN IIIIII III IIIIIIIII IIII
City of Palm Springs s R U PAGE SIZE DA MISC LONG RFD copy
P. O. Box 2743
Palm Springs, CA 92263 EXAM
A L 465 426 PCOR NCOR SMF INCHG
Attn: Office of the City Clerk
Filing fee EXEMPT per Government code G103 C
A5435 C
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
AMADO HERMOSA II, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($300 Additional Recording Fee Applies)
TABLE OF CONTENTS
1. Construction Obligations................................. ....................... ..........................1
1-1 Works of Improvement........... . ....................___...................................... 1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval ............... . ................... . ................... . .........1
1.3 Intent of Plans .. .......................................................................................2
1.4 Survey Monuments ... . .................. . ------__.................................... --------2
1.5 Performance of Work. .................................................................... ......2
1-6 Changes in the Work.............. ............................................. ..................2
1.7 Defective Work............ .............................................___................ ......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............_-------- ............. ------ ................ . ..................4
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 ................---1.........................._ .............5
3. Labor...................................................... ...........................................................6
3.1 Labor Standards..................................................---_.................................6
3.2 Nondiscrimination.............. . ................... . .......................•......................6
3.3 Licensed Contractors ----_................. . .............................................. .....6
3.4 Workers' Compensation.............................................................................6
4. Security,......... ............................................ .......................___.........................6
4.1 Required Security.......................................................................................6
4.2 Form of Security Instruments .....................................................................7
4.3 Subdivider's Liability.................... ........................................ ................8
4.4 Letters of Credit...................................................................___.............-.8
4.5 Release of Security Instruments ................................................................9
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5. Cost of Construction and Provision of Inspection
Service..... ...... ............ ............. .............• --. ..............--.... ..........____.......9
5.1 Subdivider Responsible for All Related Costs of
Construction.,........ ....................................................................................9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services ............ . ..................................................... ....9
6. Acceptance of Offers of Dedication..................................................................... 10
7. Warranty of Work............................................. ................................................10
S. Default ..... . .......................................... . ..........................................................10
8.1 Remedies Not Exclusive .......................................................................... 10
8.2 City Right to Perform Work..... . .............. . ................................... . .......10
8.3 Attorney's Fees and Costs ................. ....................................................10
9. Indemnity,............__........__ .........11
10 General Provisions.................................... ................. . .............. ....................11
10.1 Successors and Assigns................. . ............... ............. .................11
10-2 No Third Party Beneficiaries.....................................................................11
10.3 Entire Agreement; Waivers and Amendments .........................................11
11. Corporate Authority.............. ........... .................. ............ . .......................12
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this �l / 5& day of FFort, a ,
200-�Fby and between the
CITY OF PALM SPRINGS, a California charter city oflhf, State of California ("CITY"),
and AMADO HERMOSA II 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. 33936, 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. 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.
C. 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, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is $1,370,800.00,.
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
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Tentative Map for the Property_ The conditions of approval associated with the Tentative
Map are included as Exhibit "B" attached hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify its design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monument(s)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
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 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
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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 bV 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
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
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Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1,11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by City's inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon approval by the City Engineer or his
designee. Extension of time may be granted upon mutual agreement of the City
Engineer and Subdivider, either verbally or in writing, as required by the City Engineer
or his designee.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
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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 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,
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3. Labor.
3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Security.
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$1,370,800.00 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 $685,400.00 equal to 50% of the estimated construction cost
referenced in Section 1.1.
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(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $6,400.00 equal to 100% of the
cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the work accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $205,620.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such
bond must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
7
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(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
8
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aoa01�
documents requested by City in order to evidence the creation and perfection of City's
security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114) of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and 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
9
11II111 II1II111I11I IIIII IIIII IN 111111111 IIIII11111111 °a ee01 eof 36ae� �v u 015
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such 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 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
110 I IIIIIIIIIIIIIIIIIIIIIIIIIIIII
�ea 58,
sor se �
incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
11
III IIIIIII II III I III II I IIII I II 94 06�1 @�o 836 7
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.
(Signatures on Next Page)
12
2007-0234293
II�IIIII�II�IIIIIII IIIIIIIIIII�II III�IIIII��IIllllll�Il 0a/06/i5 �R 0£ 36 rt I `7
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
PP/ ��, James Thompson, City Clerk David H. Ready-,-City anager
/ v
(..STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
APPROVED BY CITY G91'IKiL
David Barakian, City Engineer h �7 a 1 O I R�05
SUBDIVIDER:
AMADO HERMOSA II LLC, a California Limited Liability Company
Check one: _Individual—Partnership`Corporation" d Company
"Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By: %� �u, By:
Signature (notarized) Signature (notarized)
Name: Dennis L. Freeman Name:
Title: Trustee Title:
(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
1 II�III��IIIII IIII�IIIII IIIII I II IIII�I III IIIIII�II IIII as es�l 0018 3600P T�
Mailing Address:
72880 Fred Waring Drive, Suite C-13
Palm Desert, CA 92260
14
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d n
ALL-PURPOSE ACKNOWLEDGMENT
State of CAPACITY CLAIMED BY
County of k-,k� SIGNER
On _lOV,2 before me, a--111;: 4
Date Nap2e, Title of Officer a INDIVIDUAL(S)
personally appeared L - ., ❑CORPORATE
NAMEO OF SIGNS ) OFFICER(S)
>� personally known to me - OR -- TITLE(S)
16-proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S)
persons whose namsK Oafe subscribed to the within oATTORNEY-IN-FACT
instrument and acknowledged to me thatge slimy executed oTRUSTEE(S)
the same in0i 4he�ir authorized capacity(ies , and that by oSUBSCRIBING WITNESS
i�er4heir signature�J on the instrument the person�O or the ❑GUARDIAN/CONSERVATOR
entity upon behalf of which the persons(>s acted, executed the ❑OTHER
instrument.
Witness my hand and official seal.
MRBARASMiDT SIGNER IS REPRESENTING:
CommlWon*1462160
Signature of Notary W ?oZ rubik•Coufonro
Rlversicia County
WIMVCOMM.Expires Jan 12,orm
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE OF DOCUMENT
DESCRIBED AT RIGHT:
Si ner s Other Than Named Above
15
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EXHIBIT "A"
TRACT MAP 33936 LEGAL DESCRIPTION
Tract Map No. 33936, as recorded in Map Book qlI , Pages 71 through 46 inclusive, records
of Riverside County, California.
16
S41
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EXHIBIT "B"
TENTATIVE TRACT MAP 33936 CONDITIONS OF APPROVAL
17
11
I r r 20o?-0234238
I IIIIII IIIIIIIIIIII IIIIIIIIII IIII IIIIII III IIIIIIIII eaieer2eeor ss eR 6 0 0 0 12,3
i
i Resolution No 21520
t Page 5
EXHIBIT A
I
TENTATIVE TRACT MAP 33936
CASE 3 2807
TENTATIVE TRACT MAP AND MAJOR ARCHITECTURAL
CONDITIONS OF APPROVAL
March 1, 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, 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.
Administrative:
1a. The proposed development of the premises shall conform to all applicable regulations
of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes,
' ordinances and resolutions which supplement the zoning district regulations.
1b. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void or
annul, an approval of the City of Palm Springs, its legislative body, advisory agencies,
or administrative officers concerning TTM 33936 and Case 3.2807. The City of Palm
Springs will promptly notify the applicant of any such claim, action, or proceeding
against the City of Palm Springs and the applicant will either undertake defense of the
matter and pay the City's associated legal costs or will advance funds to pay for
defense of the matter by the City Attorney. If the City of Palm Springs fails to
promptly notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be responsible to
defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the
applicant's consent but should it do so, the City shall waive the indemnification herein,
except, the City's decision to settle or abandon a matter following an adverse
judgment or failure to appeal, shall not cause a waiver of the indemnification rights
herein.
2. That the property owner(s) and successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, bikeways,
parking areas, landscape, irrigation, lighting, signs, walls, and fences between the
curb and property line, including sidewalk or bikeway easement areas that extend
onto private property, in a first class condition, free from waste and debris, and in
IIIIII IIIIIII IIIII IIIII 11111 IN11111111111111111111111 as 06/ D 08,$$A+ ��0 � 4
Resolution No.21520
Page 6
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.
3. Architectural approval shall be valid for a period of two (2) years. Extensions of time
may be granted by the Planning Commission upon demonstration of good cause.
4. The appeal period for an Architectural Approval and Tentative Tract Map application
is 15 calendar days form the date of project approval. Permits will not be issued until
the appeal period has concluded-
6. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning and
Building for approval in a form to be approved by the City Attorney, to be recorded
prior to certificate of occupancy. The CC&R's shall be enforceable by the City, shall
not be amended without City approval, and shall require maintenance of all property
in a good condition and in accordance with all ordinances.
The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also
be paid to the City Planning Department for administrative review purposes.
Landscaping_ '
6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for
approval by the Department of Planning prior to issuance of a building permit.
Landscape plans shall be approved by the Riverside County Agricultural
Commissioner's Office prior to submittal.
7. Detail of perimeter fencing and entry gate shall be submitted at the time of final
landscaping plans submittal,
8. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the
Zoning Ordinance shall be met. Details to be provided with final landscape plan.
Grading:
9. 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.
10. 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.
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i
Resolution No,21520
Page 7
11. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' 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.
t Architectural:
i
i 12. 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.
I
13. All materials on the flat portions of the roof shall be earth tone in color.
14. All roof mounted mechanical equipment shall be screened from all possible vantage
i 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.
15. 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.
16. 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.
i 17. The street address numbering/lettering shall not exceed eight inches in height.
1S. 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
j Director of Planning & Building prior to the issuance of building permits.
Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping,
and in the parking lot shall be submitted for approval prior to issuance of a building
I permit. If lights are proposed to be mounted on buildings, down-lights shall be
i utilized. A photometric study shall be required for all parking areas, driveways and
entries.
19. Parking lot light fixtures shall align with stall striping and shall be located two to three
feet from curb face.
20_ 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. Electrical transformers must be located toward
the interior of the project maintaining a sufficient distance from the frontage(s) of the
project. Said transformer(s) must be adequately and decoratively screened.
d
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Resolution No.21520
Page 8
21. Parking stalls shall be delineated with a 4 to 6 inch double stripe or equivalent design '
- hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a
continuous 6" barrier curb shall provide wheel stops.
22. Eight handicapped spaces shall be provided. Handicapped accessibility shall be
indicated on the site plan to include the location of handicapped parking spaces and
the path of travel to the entry ways.
23. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces
shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep
by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two
handicap spaces can share a common walkway. One in every eight accessible
spaces, but not less than one, shall be served by an 8 foot walkway on the right side
and shall be designated "van accessible".
24_ Compact and handicapped spaces shall be appropriately marked per Section
93.06.00(C) (10).
25. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area shall
have curbs placed at a minimum of two (2) feet from the face of walls, fences or
buildings adjoining driveways.
26. The applicant shall submit plans meeting City standard for approval on the proposed
trash and recyclable materials enclosure prior to issuance of a building permit or
submit a letter from the municipal waste disposal service stating that individual
household refuse pickup is acceptable.
Miscellaneous:
27. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in lieu
fee. In the case of the in-lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform Building
Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with
first $100.000 of total building permit valuation for individual single-family units
exempt. Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning and Building 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.
28. Prior to any ground disturbing activity, including clearing and grubbing, installation of
utilities, and/or any construction related excavation, an Archaeologist qualified
according to the Secretary of the Interior's Standards and Guidelines, shall be ,
employed to survey the area for the presence of cultural resources identifiable on the
ground surface.
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Resolution No.21520
j Page 9
' 29. Given that portions of the project area are within an alluvial formation, the possibility
of buried resources is increased_ A Native American Monitor shall be present during
all ground-disturbing activities and that, should buried deposits be encountered, that
the Monitor have the authority to halt destructive construction and that the Monitor
notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation
plan for submission to the State Historic Preservation Officer and the Agua Caliente
Band of Cahuilla Indians.
30. One copy 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,
31. Applicant shall be required to pay all Agua Caliente Band of Cahuilla Indians planning
fees associated with this development.
32. The mitigation measures of the environmental assessment for Case 3.2103 shall
apply.
33. No outdoor storage of any kind shall be permitted.
POLICE DEPARTMENT
' 1. Developer shall comply with Section 11 of Chapter 3.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT
1. Prior to any construction on-site, all appropriate permits must be secured.
FIRE
1. Road Design: Fire apparatus access roads shall be designed and constructed as all
weather capable and able to support a fire truck weighing 73,000 pounds G.V.W.
(902.2.2.2 CFC)
2. Fire Department Access Road Dimensions: Provide two 10' travel lanes for a total of
20' unobstructed width. If parking on access road is desired, provide an 8' parking
lane with opposing curb marked red with appropriate signage for a total of 28' in
width. Provide an additional 8' far parking on both sides of access road for a total of
36' in width.
3_ Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require an
' unobstructed vertical clearance of not less than 14'6".
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Resolution No, 21520
Page 10
4. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a '
KNOX key switch device or Key box. Contact the Fire Department at 323-8186 for a
KNOX application form_ (902.4 CFC)
5. Location of Knox boxes: A Knox box shall be installed at every locked gate. Show
location of boxes on plan elevation views. Show requirement in plan notes.
6. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required.
7. Fire Flow Estimate: Fire flow is estimated to be 1500 gallons per minute at this time.
A more precise flow will be given once the type of construction is known.
8. Fire Extinguisher Requirements: Provide one 2-A: 10-8: C portable fire extinguisher
for every 75 feet of floor or grade travel distance for normal hazards. Show proposed
extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in
a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the
path of exit travel near an exit door.
9. Premised 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. (901.4.4 CFC) Show location of address on plan
elevation view. Show requirement and dimensions of numbers in plan notes.
Numbers shall be a minimum 4 inches, and of contrasting color to the background. ,
10. Fencing Required: Construction site fencing with 20 foot wide access gates is
required for all combustible construction over 5,000 square feet. Fencing shall
remain intact until buildings are stuccoed or covered and secured with lockable doors
and windows. (8.04.260 PSMC)
11, Operational Fire Hydrants: An operational fire hydrant or hydrants shall be installed
within 250'of all combustible construction.
ENGINEERING:
The Engineering Division recommends that if this application is approved, such approval is
subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of--way require a City of Palm Springs
Encroachment Permit. '
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Resolution No. 21520
Page 11
1 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_
3. A street improvement plan for the off-set cul-de-sac for Calle Ralph is approved and
on file (see File 14-0-4-298 approved April 6, 2004). The plan shall be revised to
reflect current "as-built" or record conditions adjacent to and on-site, as well as to
include construction of current City standards, and shall be submitted to the
Engineering Division for review and approval. Otherwise, a new street improvement
plan for the off-set cul-de-sac for Calle Ralph, prepared by a registered California
civil engineer shall be submitted to the Engineering Division for review and
approval. The new and revised street improvement plans shall be approved by the
City Engineer prior to issuance of any building permits_
4. When public dedications of easements or rights-of-way over Tribal Allottee or Tribal
Trust land are required, the applicant shall be responsible for compliance with all
Bureau of Indian Affairs (B.I.A.) requirements, including obtaining appraisals and
payment of just compensation to the underlying owner. It is the applicant's
responsibility to determine what additional costs or other requirements may be
necessary to obtain any required public dedications as identified by the City for this
development. Required public dedications for easements or rights-of-way are
perpetual and have no term or duration; dedications of easements or rights-of-way
restricted to a duration or term, or made in connection with an underlying Indian
Land Lease, shall not be accepted.
5. Upon completion of required improvements by the applicant, and as a condition of
acceptance by the City Engineer, the applicant shall prepare for the City Engineer's
approval an Affidavit of Completion in accordance with Section 169.16, Title 25, of
the Code of Federal Regulations, for any improvements constructed by the
applicant for which an easement was dedicated to the City through the Bureau of
Indian Affairs. The Affidavit of Completion shall be provided to and approved by the
City Engineer prior to final acceptance of the project, including issuance of a final
certificate of occupancy. The applicant shall be responsible for obtaining the
necessary form for the Affidavit of Completion from the Palm Springs Agency of the
Bureau of Indian Affairs, and for having it completed as necessary by the applicant's
Engineer of Record.
AMADO ROAD
6. Dedicate an additional 1.5 feet of right-of-way to accommodate a 4 feet wide
landscaped parkway adjacent to the curb and a 5 feet wide sidewalk along the
entire frontage,
7. Construct a 6 inch curb and gutter, 32 feet north of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
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8. Construct a 52 feet wide new street intersection for the Main Entry with the ,
centerline of the Main Entry located approximately 140 feet west of the east
property line and aligned with the centerline of existing driveway on the south side
of Amado Road. The Main Entry shall be constructed with 25 feet radius curb
returns and spandrels, and a 6 feet wide cross-gutter, in accordance with City of
Palm Springs Standard Drawing No 200 and 206.
9. The Main Entry shall be designed with a 22 feet wide ingress lane and a 20 feet
wide egress lane, divided by a 10 feet wide median. Stacking for two vehicles (50
feet) shall be provided from Amado Road to the gated entry control panel, and
sufficient maneuvering area shall be provided beyond the control panel to allow
vehicles to turn around if unable to gain entry into the development. The gated
entry design shall be subject to the review and approval of the City Engineer.
10. Construct Type A curb ramps meeting current California State Accessibility
standards on each side of the Main Entry in accordance with City of Palm Springs
Standard Drawing No, 212. The applicant shall ensure that an appropriate path of
travel, meeting ADA guidelines, is provided across the Main Entry, and shall adjust
the location of the access ramps, if necessary, to meet ADA guidelines, subject to
the approval of the City Engineer and ADA Coordinator. If necessary, additional
pedestrian and sidewalk easements shall be provided on-site to construct a path of
travel meeting ADA guidelines.
11. Construct a 5 feet wide sidewalk separated by a 4 feet wide landscaped parkway
behind the curb, along the entire frontage, in accordance with the Section 14 Final
Master Development Plan Specific Plan (dated April 2004).
12. Construct a minimum pavement section of 3 inches of asphalt concrete pavement
over 6 inches of crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, from edge of proposed gutter to clean
sawcut edge of pavement along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110 and 325. 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.
CALLE ROLPH
13. Dedicate additional right-of-way as necessary to construct an off-set cul-de-sac at
the end of Calle Rolph, as shown on the approved street improvement plan, File 14-
4-4-298.
14. The applicant shall acquire off-site right-of-way on the adjacent property (Parcel 1 of
Record of Survey recorded in Book 40, Page 21) identified by Assessor's Parcel '
Number 508-060-004, as necessary to fully construct the off-set cul-de-sac, as
shown on the approved street improvement plan, File 14- -4-298.
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Resolution No.21520
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' 15_ Construct a 6 inch curb and gutter throughout the off-set cul-de-sac in accordance
with City of Palm Springs Standard Drawing No. 200.
16. Construct a 5 feet wide sidewalk behind the curb throughout the off-set cul-de-sac
in accordance with City of Palm Springs Standard Drawing No. 210_
4-7-. Construct a 30 feet wide driveway approach with a centerline located approximately
25 feet south of the north property line, in accordance with City of Palm Springs
Standard Drawing No. 201. The ccess-&hall be restrlGte44G-eme_ ency-access
on6. As^e -m alp provided- G44a-F4T"epa4 *-�uired-h,�
Marshaff—(Per Planning Commission recommendation at the public hearing
on January 25, 2006).
18. Reconstruct the existing driveway approach located on the adjacent property
(Parcel 1 of Record of Survey recorded in Book 40, Page 21) identified by
Assessor's Parcel Number 508-060-004, in accordance with City of Palm Springs
Standard Drawing No. 201.
19. Construct a minimum pavement section of 2'!= inches of asphalt concrete pavement
over 4 inches of crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, from edge of proposed gutter to clean
sawcut edge of pavement throughout the off-set cul-de-sac. If an alternative
pavement section is proposed, the proposed pavement section shall be designed by
a California registered Geotechnical Engineer using "R" values from the project site
and submitted to the City Engineer for approval.
ON-SITE PRIVATE STREETS
20. The on-site private street serving as access to Buildings 9 through 12 exceeds a
length of 150 feet, requiring a turn-around acceptable to the Fire Marshall. The site
plan shall be revised as necessary to accommodate access requirements as
determined by the Fire Marshall.
21. If necessary, or as required by the City Engineer, a sight distance easement shall
be reserved across that portion of the property located near the northeast corner of
Building 7, in accordance with City of Palm Springs Zoning Code Section 93.02.00
(D), or as may be required to provide minimum safe stopping sight distance in
accordance with the Caltrans Highway Design Manual. Block walls, landscaping
and other obstructions shall be prohibited from being installed within the sight
distance easement.
22. Dedicate an easement extending over the private streets for public utility purposes
with the right of ingress and egress for service and emergency vehicles and
' personnel.
23. All on-site private streets shall be a minimum of 28 feet wide, as measured from the
back of curb.
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Resolution No. 21520
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24. All on-site streets shall be constructed with concrete wedge curbs and cross gutters '
to accept and convey on-site stormwater runoff to the on-site storm drain system, in
accordance with applicable City Standards.
25. Construct pavement with a minimum pavement section of 2'/7 inches asphalt
concrete pavement over 4 inches of crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal. 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.
26. Parking shall be restricted along both sides of the on-site private streets, as
necessary to maintain a clear 24 feet wide, two-way travel way. Regulatory Type
R26 "No Parking" signs or red curb shall be installed along the private streets as
necessary to enforce parking restrictions. The Home Owners Association (HOA)
shall be responsible for regulating and maintaining required no parking restrictions,
which shall be included in Covenants, Conditions, and Restrictions (CC&R's)
required for the development.
SANITARY SEWER
27. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
28. Construct an on-site private sewer system to collect sewage from the development
and connect to the existing public sewer system_ Sewer plans shall be submitted to
the Engineering Division for review and approval. Private on-site sewer mains shall
conform to City sewer design standards, including construction of 8 inch V.G.P.
sewer main and standard sewer manholes. A profile view of the on-site private
sewer mains is not necessary provided sufficient invert information is provided in
the plan view, including elevations with conflicting utility lines. Plans for sewers
other than the private on-site sewer mains, i.e. building sewers and laterals from the
buildings to the on-site private sewer mains, are subject to separate review and
approval by the Building Division.
29. The on-site sewer system shall connect to the sewer main in Amado Road with a
standard sewer lateral connection in accordance with City of Palm Springs Standard
Drawing No. 405.
30. All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA), Provisions for maintenance of the on-site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions and
Restrictions (CC&R's) required for this project. ,
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Resolution No.21520
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i 31. The project is subject to the Section 14 Sewer Impact Fee_ The sewer impact fee at
the present time is $696.00 per acre. The fee shall be paid prior to, or concurrently
I with, issuance of building permits.
GRADING
32 Submit a Precise Grading and Paving Plan prepared by a California registered civil
engineer to the Engineering Division for review and approval. The Precise Grading
and Paving Plan shall be approved by the City Engineer prior to issuance of grading
permit
a. 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
fugitive dust source such that the applicable performance standards are met.
The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared
by staff that has completed the South Coast Air Quality Management District
(AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division 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 Handbook, shall be submitted to and
approved by the Engineering Division prior to approval of the Precise Grading
and Paving Plan.
b. The first submittal of the Precise Grading and Paving 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 current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report.
33. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
34. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed permit
shall be provided to the City Engineer prior to issuance of a grading permit.
35_ 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)
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Resolution No.21520
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per disturbed acre for mitigation measures for erosion/blowsand relating to this '
property and development.
36, A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an Integral part of the grading plan for the
proposed development. A copy of the soils report shall be submitted to the Building
Department and to the Engineering Division prior to approval of the Precise Grading
and Paving Plan.
37, 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-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is located at 73-
710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
38. 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 starmwater runoff generated by
the development of the property, as described in the Preliminary Hydrology Study
for Tentative Tract 33936 Terra Vita, prepared by NAI Consulting, dated September
6, 2005. Final retention basin sizing, catch basin sizing, storm drain pipe sizing,
drywell sizing, and other specifications for construction of required on-site storm
drainage improvements shall be finalized in the final hydrology study and approved
by the City Engineer.
39_ Stormwater runoff may not be released directly to the adjacent streets without first
intercepting and treating with approved Best Management Practices (BMP's).
40. The applicant shall install a drywell, or series of drywells, within the retention basin
proposed in 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 public's health, safety, and
I I I 2007-0234208
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Resolution No. 21520
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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.
41. A storm drain easement shall be reserved across that portion of the property to be
used for a retention basin, limiting use of the area for drainage purposes.
42. The retention basin and on-site storm drain system shall be privately maintained by
a Home Owners Association (HOA). Provisions for maintenance of the retention
basin and on-site storm drain system acceptable to the City Engineer shall be
included in the Covenants, Conditions and Restrictions (CC&R's) required for this
project.
43. Submit storm drain improvement plans for all on-site storm drain system facilities for
review and approval by the City Engineer.
44. Construct storm drain improvements, including but not limited catch basins, storm
drain lines, and drywells for drainage of on-site streets as described in the
Preliminary Hydrology Study for Tentative Tract 33936 Terra Vita, prepared by NAI
Consulting, dated September 6, 2005- The hydrology study for Tentative Tract Map
33936 shall be amended to include retention basin sizing, catch basin sizing, storm
drain pipe sizing, and drywell sizing calculations and other specifications for
construction of required on-site storm drain improvements.
45. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $9,212.00 per acre per Resolution No.
15189. Fees shall be paid prior to issuance of a building permit.
GENERAL
46_ 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
developer shall be responsible for removing, grinding, paving and/or overlaying
existing asphalt concrete pavement of off-site 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 (Le, 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 off-site streets shall be returned
' to a condition equal to or better than existed prior to construction of the proposed
development.
47. All proposed utility lines shall be installed underground.
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48. All existing utilities shall be shown on the improvement plans required for this '
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
49. 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.
50. 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 final
certificate of occupancy_ Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
51. 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.
52, All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per City '
of Palm Springs Standard Drawing No. 904.
MAP
53. 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 lots created therefrom, and copies of
record documents shall be submitted with the Final Map to the Engineering Division
as part of the review of the Map. The Final Map shall be approved by the City
Council prior to issuance of building permits.
54. 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,
55. Upon approval of the 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
i 0
1 111111111111111111111111111111111111111111111111111111 F40634 of0$B U' U1➢ i�9J
Resolution No.21520
I Page 19
' annotation shown on the map; map number; and map file name. G,I.S. data format
shelf be provided on a CDROM/DVD containing the following: ArcGIS
Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG
(AutoCAD drawing file), DGN (MICFOStation drawing fife), 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
56. Install a street name sign and a 24 inch stop sign, stop bar, and "STOP" legend for
traffic exiting the development at the intersection Amado Road and the Main Entry
in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625.
57. All required traffic striping and signage improvements shall be completed in
conjunction with required street improvements, to the satisfaction of the City
Engineer, and prior to issuance of a certificate of occupancy.
58, Submit traffic striping and signage plans for Amado Road, as necessary to delineate
an additional west bound traffic lane along the entire frontage, prepared by a
California registered civil engineer, for review and approval by the City Engineer.
59. Provide adequate signage to prohibit on-street parking on Amado Road adjacent to
' the development.
60. A minimum of 48 inches of clearance shall be provided on public sidewalks for
handicap accessibility. Minimum clearance on public sidewalks shall be provided by
either an additional dedication of a sidewalk easement (if necessary) and widening
of the sidewalk; or by the relocation of any obstructions within the public sidewalk
along the Amado Road and Calle Rolph frontages of the subject property.
61. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, and striping associated with the proposed development shall be replaced
as required by the City Engineer prior to issuance of a Certificate of Occupancy.
62. 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.
63. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
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Aqua Caliente Band of Cahuilla Indians '
t. Prior to issuance of grading permits, the applicant/developer shall pay an $800/acre
($3,680.00) habitat conservation mitigation fee as called for in the Tribal Habitat
Conservation Plan,
2. The Agua Caliente Tribal Historic Preservation office (THPO) requests copies of any
cultural resource documentation that might be generated in connection with this
Project for permanent inclusion in the Agua Caliente Cultural Register.
3- Experience has shown that there is always a possibility of encountering buried
cultural resources during construction related excavations. Given that, the Agua
Caliente THPO requests that an Approved Cultural Resources Monitor(s) he present
during any survey and/or ground disturbing activities. Should buried cultural deposits
be encountered, the Monitor shall notify the Agua Caliente Director of Historic
Preservation and if necessary, prepare a mitigation plan.
rr rr 2007-0234292
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