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HomeMy WebLinkAbout4/16/2008 - STAFF REPORTS - 4.A. °4pA4M sp? �c i V N k HG ' � A•nAita °'P` q`'F°Ra` City Council Staff Repo *prH 9 9 1;1;A t�Ab 68 CONSENT CALENDAR Subject: TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32732 WITH 111/CAMINO REAL, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. From- David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY III/Camino Real, LLC, is requesting a 1-year extension of time for the Subdivision Improvement Agreement (Agreement No. 5426) for Tract Map No. 32732 ("Oceo"). None of the 9 single family residences, the 25 condominium units, or the restaurant 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) Authorize the City Manager to approve a one-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement, (Agreement No. 5426) for Tract Map 32732, with 111/Camino Real, LLC, a California Limited Liability Company. STAFF ANALYSIS: On January 17, 2007, City Council approved a Final Map for Tract No. 32732, a mixed use residential and commercial subdivision consisting of 9 single family residences, 25 condominium units, and a restaurant, and a corresponding Subdivision Improvement Agreement (Agreement No. 5426), with the developer, 111/Camino Real, 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 May 20, 2008. However, due to the downward trend in the real estate market, the developer is requesting a one-year time extension. The developer has not completed the improvements required under the ITEM NO. — City Council Staff Report • April 2, 2008 TM32732 Subdivision Improvement Agreement Time Extension Subdivision Improvement Agreement, and has stopped work on the homes currently under construction, until some of the homes are sold. On February 27, 2008, the City Engineer received a written request from the developer for a one-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. Two of the 9 single family residences (one of which will be a model home), 13 of the 25 condominium units (3 of which will be model homes) and the restaurant, are currently under construction. No homes or condominium units have been sold to date. 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 stopped. 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 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 house construction remains stalled, staff will revisit the issue with the developer for a subsequent time extension for the Subdivision Improvement Agreement, or calling of the bonds to complete the improvements, as appropriate, at that time. FISCAL IMPACT: None David J. Barakian Thomas J. Wilson Director of Public Works/City Engineer Assistant CityAanager David H. Ready, Citygifrlwr Attachments: 1) Vicinity Map 2) Subdivision Improvement Agreement 000002 PN-I IN THE CITY OF STATE SPRINGS F ++ SHEET 3 OF 3 SIFEETS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA i TRACT MAP NO. 32732 Zi ODHO A SUBDIVISION OF ,4 PORT!011 OF LOTS 1 THROUGH 6, INCLASNE, rTA OF FAIN PALM ESTATES NO. 2, 4IB 29/78. O.R.,VJ THE NORTHEAST OLIP.RTER OF SEC➢C.V 26, T 4S., RAF, s a.M J40 90 120 IUJ lFOI.!OFOR EIIGINEEPJHG ao' QECEAI6ER. 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Hrnor P rare: Bull - -[u�'•m[-hj vier [a1f'.il ^o srl AQUANETTA URI4E Fsw u'ss'I [cvilrl r, `m v. e,M�sJ 1 SEE SHEET 2 FOR SURVEYOR'S :10-LE5, O fp NAVAJO DRIVE--[ Q EAS MENiS, AND HA°!S OF BEARINGS C+.) s � DOC # 2007-0481900 07/25/2007 08:009 Fae:NC Pago 1 of 35 "i i�('r`•t-•.� Retarded An o£fleial Records . v C'; i " y'�•,,�, County Of Rlvarslde Larry W. Ward RECORDING REQUESfEI)BV,``77n!!��J Assessor, County Ctcrk 6 Recorder c OF PALM SPRfhIQ 11fn '3 N', 8, AND WHEN RECORDEDMAIL'Irlrly' G' �r:ii J�IJ �IA���IIIIIIIII�IIIIII�I�ill�ll�l�ll��ll�ll�l��lll(lI�I City of Palm Springs S R U PAGE ;$IZ9 DA MISC LONG RFD Copy P- O. Box 2743 e Palm Springs, CA 92263 M A L 465 PCOR NCCR 5MF H �M Attn: Office of the City Filing ice EXEMPT per Government Code 610% A5426 SUBDIVISION IMPROVEMENT AGREEMENT by and between I CITY OF PALM SPRINGS and IIIICAMINO REAL, LLC a California Limited Liability Company I THIS AREA FOR RECORDER' S USE ONLY I THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (43.00 Addlilonal Rmnling Fee Applies) DOOD� � • 0 0 TABLE OF CONTENTS 1. Construction Obligations. .........-,... ........... .................. ..........._1 1-1 Works of Improvement...... ..........-... ............--............. ............ 2 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval .................-------- ..........--....................-.............2 1.3 Intent of Plans........... ............. .............. ......... ....... ....................2 1.4 Survey Monuments........—.............I................ ................. .....................—2 1.6 Performance of Work.............--...........--............-.................--............3 1.6 Changes in the Work........._.-............. ..............--.......... ...--............--3 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............. ..............--.......................---..............A 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..... ...-...........-............... ................. ............. ...5 2.3 Force Majeure................................................. .......... .............. ...---.......6 2.4 Continuous Work........ ..............-............--............................................—5 2.5 Reversion to Acreage........__.-.............—.........--..............--..... ..............6 2.6 Time of the Essence ...... ............................—.......... ..........--.........6 3. Labor.................................. ............ ....... .........---............. .........---..............-6 3.1 Labor Standards...... ...... ......................... ...................—.......6 3.2 Nondiscrimination.... .......... ............. ...................--............. ..............6 3.3 Licensed Contractors...... ............ ................. ............. ............. ...........6 14 Workers' Compensation... ............ ............--................. .............--.........6 4- Security........-............ ................—...................-..........—................. ..............--6 4.1 Required Security.......... ....-..........................—.... ............ ........... .......6 4.2 Form of Security Instruments...................... ..............--............... .......7 4.3 Subdividei's Liability---......................—... ........--..................... ............8 4.4 Letters of Credit...... ................................. .........—................ ................ 8 4.5 Release of Security Instruments ...........---.............................-............ 9 07/25/2DO7 02,06H 0 C) 6. 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 ............ ....................-.................... .............—10 6. Acceptance of Offers of Dedication---—................--...................--..............----10 7. Warranty of Work.... ...........................................................-.................... .........10 8. Default—----—................. ..................-.... .......... ...... ............. ......-...................10 8,1 Remedies Not Exclusive ........... ................... .............................-...........10 8.2 City Right to Perform Work.... ............................................. ..........-----11 8.3 Attorney's Fees and Costs... ..........--.................... ...............--.... ......11 9. Indemnity............................................. ........... ............... .................... 11 10 General Provisions............ ................. ..............--....................................I I 101 Successors and Assigns.............--................-,--................................11 10.2 No Third Party Beneficiaries......---........---......... .......—..................—11 10.3 Entire Agreement; Waivers and Amendments .........................................12 11. Corporate Authority....... .................. .................................................. 12 2 ,0 1111111111111111 IN 111111111111111111111111 IN 07/25 3 2 o 0$f7 35$9,GOA SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT A REEMENT (this "Agreement") is entered into this d day of 2006, by and between the CITY OF PALM SPRINGS, a California ch rter city ("CITY"), and 111/CAMINO REAL, 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. 32732 located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on Exhibit "A". The map contains conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B". B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs Lot "A" for street and public utility purposes; easements for public utility with right of ingress and egress for service and emergency vehicles and personnel over the on-site private streets within Lots 1 and 2, as shown on the map; easement for sidewalk and pedestrian purposes, as shown on the map; abutters rights of access to E. Palm Canyon Drive, Camino Real and Twin Palms Drive, excluding a 33.09 feet wide access point on Camino Real and a 20 feet wide access point on E. Palm Canyon Drive, all 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 an 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 IIIIIII1IIIliI III IIIIII 11111111111111111111111111111111 Bi 20A48DP 38�89q 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 $1.693.500.00- 1.2 Other Obligations Referenced in Conditions of Tentative Mao Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner 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. 1A 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) f and written proof of having paid the engineer or surveyor for the setting of said monument(s). ! i 2 ��1llllllllllllllllllllllll111111lIN ill 111111111111l o� 2s05 �g3�oR aaoaas � U U 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 Subdividers 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 11llill III1III III IIIIII IN 1111111111111111111111111111 07 2306 o£$35A00fl u O 0 fl �.J (.' 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 the work for failure of the 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 properly it 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- I 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (1) commence with construction and installation of the Works of 4 II M87-0481M W IIIIII IIIIIII III III II IIII IIIIIII IIIII III II�I�IIII III l25/ ®of 35 B0fl 7 i • U U Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely prevision 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 pen-nits 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 5 I III�IIIIIII�I I�I IIIIII IIIII�IIII�IIIII III IIIIIIIII IIII 07 2eA8 Ofg33 , 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3A 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, profiotion, 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 cant' 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. Securi 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall fumish 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"): 6 IIIIIIIIIIIIIIIIIhIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIII 20090 ' 35f0 07/2512007 08 00P a ._. __ ........ ...... (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $1.693.500.00 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 $846. 550.00 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$1,800.00 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 $254,025.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a farm provided by City or otherwise approved by the City Attorney: (a) Bonds, For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A-M. Best's Company, Oldwick, New Jersey, 08858_ Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of 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 7 lIIIIIIIIIIIIIIIIIIIIIIIN111IIIIIIIIIIIIIIIIIIIIII1I a�z0@i eege3aaeR r U U 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 Re uirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). I I (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 Subdividers Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount f and having the terms and conditions as the initial letter of credit delivered hereunder, 8 IIIIIIIIIIII III IIIIIIIII IliIII1IIIIII HIM III IIII a7.�se1100808S99R 0 U issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit- (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred. (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5_ Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Resoonsible 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 9 i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 07/2512007 zaa'2 oP 35 06 00R _ QQQdyJ� I. U U separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication,. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the 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. 10 IIIIII I�IIIII III�IIII�I��I�IIIIII IIIII I�I IIIIII I�I III ea 25013 of 007 wd ee 0 9 a 0 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 Attoney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a 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. Indemn . 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 14 IIIIIII IIIIIII III IIIIII IIII IIIIIII IIIII I I��I IIIIIII B7/25A 20 of 3+5 - Q�OQJL� 0 0 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. Comorate 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. w w w x w (Signatures on Next Page) 12 IIIIIIIIIIIIIIIIIIIIIIIIII1111111111111111111111111111 07 15 07 aos 35 o 0 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 James Thompson, City Clerk David H. Ready anager STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: �f APPROVED BY CITY COUNCIL David Barakian, City Engineer SUBDIVIDER: 111lCAMINO REAL, LLC, a California Limited Liability Company By: Tahiti Partners Real Estate Development Corporation, Its Manager Check one: Individual Partnership__�L_Corporation'_Company 'Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. B ' U By.( 42M Signa e ( otarized) Signature (notarized) Name:_Geoffrey S. Payne Name: LaRue Ellis Title: President Title: Secretary (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 I �IIIIII�������IIIIIIIIIIIIIIIIIIIfIIIII���111111111IIII ®7 2SP1 aosa3 aA Mailing Address: Tahiti Partners Real Estate Development Corp. 111/Camino Real, LLC 5305 East 2nd Street, Suite 204 Long Beach, CA 90803-5339 I 14 I IIIIIIIIIIIIIIIIIIIIIIIII11111111111IIIIIIIIIII11111111 a7nA©1®of 35 U 0 ALL-PURPOSE ACKNOWLEDGMENT State of Orf1 m CAPACITY CLAIMED BY County of deS SIGNER OnwtYl _22 b before me, _Aj�q RL_ ra ah, Nd�Ih�or Date Name Title of Officer ❑ INDIVIDUAL(S) personally appeared Qra (A Rue ekkl1 , , XCORPORATE s eh F AME( )OF SIGNER(S) OFFICER(S) r Personally known to me- OR- TITL S) ❑ PFew^4'9-nie-&FFlie-basis�tisfaetow-evidenee-to be the ❑PARTNER(S) persons(s) whose name(s) i are subscribed to the within oATTORNEY-IN-FACT instrument and acknowledged to me that WsWthey executed oTRUSTEE(S) the same in Ir'W/their authorized capaci (ies), and that by oSUBSCRIBING WITNESS W-W/their signature(s) on the instrument the person(s) or the oGUARDIAN/CONSERVATOR entity upon behalf of which the persons(s) acted, executed the oOTHER instrument. W' ess my nd and official seal_ ARMSIGNER IS REPRESENTING: ignature of Notary cmrnrran•1813noONWA -.— to Aft"e ww t (►_1fComma Vol_,u& 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: Signer(s) Other Than Named Above 15 lIIIIIIllllIIIIllll IIIIIII III Ill III IIIII Illtill evz00a eaQf @:3,5OR 000021 • !� - .X.rARRY W. WARP .__- licmrdcr COUNTY OF RIVERSIDE P.D.Box 751 * ASSESSOR-COUNTY CLERIC-RECORDER Rivcrsidc.CA 72502-0751 NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: L-6y TLOEMal Commission#: Place of Execution_ I i)s Am il.Es 0/i f Y Date Commission Expires: TLUAZ �/ 0 Date- l / 0 _e+� Signature: Printed Name:_ e 1K Q�IAAEaA 111111111111111IIIIIIIIIIN1111111111111111111111111111 ®7��1a�a3S Qd0022 C) 0 EXHIBIT "A" TRACT MAP 32732 LEGAL DESCRIPTION p Tract Map No. 32732, as recorded in Map Book Pages JL through 1 inclusive, records of Riverside County, California. I III IIIIIIIII III III II IIiI IIIIIIIIIII II II IIII II IIII 871200 20 0f 35 rryy �y n • - U C� EXHIBIT "B" TENTATIVE TRACT MAP 32732 CONDITIONS OF APPROVAL I I 17 IIIIII1tlll�l N�I IIIIII IIII IIIIIII Il�II I�I�III�II�I I II 6a�sa2 9of 25 U 0 Resolution No.21316 Page g EXHIBIT A CONDITIONS OF APPROVAL CASE TTM32732-TENTATIVE TRACT MAP CASE 5.1022 PD-305-PLANNED DEVELOPMENT DISTRICT 111/CAMINO REAL LLC CAMINO REAL AND EAST PALM CANYON DRIVE JULY 6, 2005 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 farm approved by the City Attorney. 11DMINISTRATIVE 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, Officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach,set aside, void or annul,an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TTM32732—Tentative Tract Map and Case 5.1022--Planned Development District 305. 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 shalt waive the indemnification herein, except, the Citys 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, lighling, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sale expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. I�IIIIIIIII�I III IIIIII I III�IIIIIIII�I IIIl�ll�llIIIIII P712002-048180 25/22 of 35 n Lt F9 hS 0 c� Resolution No. 21316 Page 10 4. 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 112% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for Individual single- family units oxempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter Into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made_ Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The fee shall be collected by the Planning Services Department. 6, The Project will bring additional residents to the community. The City's 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 forth a Community Services District under the authority of Government C. Section 53311 et seq, 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$$00 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. CC&R's . , 7. The applicant prior to issuance of building permits shall submit a draft declaratlon of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of ail property in a good condition and in accordance with all ordinances, 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2,000, 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. Cultural Resources 9. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identiEable on the ground surface. 10.The project area has the possibility of buried resources. A Native American Monitor shall be present during all ground-disturbing activities. IIIII IIIII iII IIIIII III I IIII IIIII III 1111111111111 29t32 B4�Sf 35 07 2ar2eea es GOA 0 R S Resolution No. 21316 Page 11 a) Experience has shown that there is always a possibility of burled cultural resources in a project area. Given that, a Native American Monitor(s) shall-be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Aqua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should burled cultural deposits be encountered, the Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated In connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, Department of Public Works, and Department of Parks and Recreation, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal_ Ail landscaping located within the public right of way or within community facllldes districts must be approved bythe Public Works Director and the Director of Parks and Recreation. 13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitfed for review and approval by the I]irector of Planning & Zoning prior to the issuance of building permits, Manufacturer's out 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. GENERAL CONDITIONS/CODE REQUIREMENTS 14. The Planned Development District 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. 15. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Tentative Tract Map and/or Planned Development District application. 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 and zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 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 Code for specific requirements. 200 IIIIIIIIIIIIi���IIIIIIINMIN111111II1111IIIN 2aof'3 07/ 5 25/2007 08 00P Resolution No. 21316 Page 12 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 prior to issuance of building permits. 20. All materials on the Flat portions of the roof shall be earth tone in color- 21. All awnings shall be maintained and periodically cleaned. 22. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Seotion 9303.00 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. 23. 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. 24. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. ' 25. 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. 26. The street address numbering/lettering shall not exceed eight inches in height. 27. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 26 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 28, Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 29. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 30. No sirens,outside paging or any type of signafization will bo permitted, except approved alarm systems- 31. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 32. Vehicles associated with the operation of the proposed development including company ' vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 33. Prior to the issuance of building permits, locations of all telephone and electrical Boxes must be indicated on the building Iplans and mush he clompletely+ screened and located in the interior r� l I IIIIII IIIIIII III�IIII�IIII IIIIIII IIIII III I�III�I II IlNI o�zs02e of 35eoe a • o Resolution No. 21316 Page 13 Of the building. Electrical transformers must be located toward the Interior of the project maintaining a sutficiant distance from the frontage(s) of the project" Said transformer(s) must be adequately and decoratively screened. 34. The applicant shall provide all tenants with Conditions of Approval of this project. 35. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap parking spaces shall be 18 feet deep by 9 feet wide plus an 8 foot walkway at the right side of_the parking space and shall be designated as`van accessible". 36. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance_ Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 37. 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. 38. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 39. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 40. Shading requirements for parking lot areas as set forth in Section 9,906.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 41. Parking stalls shall be delineated with a 4 to 6 Inch double stripe - hairpin or elongated Mull design. individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops_ 42. Concrete walks with a minimum width of two(2)feet shall be installed adjacent to end parking spaces or end spaces shall be Increased to eleven(11)feet wide. 43. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diametedwidth. 44. The development standards for the single-family residences are as follows: Single Family Residences W R-2 R-1-A standards FLLotea 6,150 to 10,788 S uare Feet , dth 65 to 83 Feet 67 to 75 Feet Lot Depth 90 to 158 Feet Front Yard 5 Feet Side Yard 5 to 18 Feet Rear Yard 25 to 55 Feet Lot Covera a 21 %to 37% Minimum Dwellin ISizze I I ` 2,300 Square Feet IIIIIIIIIIIIII IIIIIIIh I'IIIIII�IIIIIIIIII I'lllllllll�I eve0e2s°°0e81oe6aen (������ . Resolution No-21316 Page 14 F8uildin Hei ht 24 Feat Maximum ' Gana a Access 5 Feat 45. The development standards for the residential condominiums are as follows' Multiple FamilyResidential—R-3 EYard 149,897 5 uare Feet 492 Feet Depth 242 Feet tV 24 Feet 34 Feet 61 Feet East Pro a Line 20 Feet(West Pro a Llne Rear Yard 25 Feet Bulldina Distance 14 Feet to 19 Feet 40 Feet ,Parking Requirements 50 Covered 2 per unit 25 Guest 1 per unit 46. The development standards for the restaurant are as follows' Restaurant—R-3 Section 92.04.01.D.17 Lot area 124,765 Square feet Frontage on ma'or thoroughfare 138 Feet Distance from any single-family residential zone Parkin allowed in front and None Landscaped open s ace 25% Lot Width 138 Feet Lot Depth 148 Feet i Buldin Height 18 Feet Front Yard Set Back 25 Feet Side Yard Set Back 20 Feet 70 Feet Rear Yard Set Back 50 Feet Parking 23 Parking Spaces 6g Seats POLICE DEPARTMENT 47. Developer shall comply with Secton II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT , 48. Prior to any construction on-site, all appropriate permits must be secured. IIIIIIIIIIIIIIIIIIIIIIIIN111111111111IIIIIIII 11111107,z002 eQf 35 ee - Guam Resolution No.21316 Page 15 FIRE DEPARTMENT 49. Shall comply with all Fire Department codes and regulations ENGINEERING DEPARTMENT The Engineering Divlslon 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 50. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 61. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s)shall be approved by the City Engineer prior to issuance of any grading or building permits. EAST PALM CANYON DRIVE 1 52. Dedicate an easement for sidewalk purposes along the entire frontage for portions of the sidewalk that encroach onto private property, including concentric with the back of the sidewalk adjacent to the bus turn out 52A. In the event widening of East Palm Canyon Drive to Its General Plan width is deferred, In accordance with City Council direction, the applicant shall be responsible for submitting cash security in an amount equal to the .cost of the removals and Improvements related to the widening of East Palm Canyon Drive, as indicated In conditions 53 through 55, and 04 below. The applicant shall enter into an agreement with the City of Palm Springs providing the City with the costs to design and construct the future widening of East Palm Canyon Drive to its General Plan width.The agreement shall be secured with cash security, and said security shall be available to the City.at such time as the City, deems the widening is necessary, with no time limit for the expenditure of deposited funds. The applicant shall submit written estimates of the cost to remove existing street Improvements and to construct street improvements as necessary to widen East Palm Canyon Drive to its General Plan width, including relocation of the existing traffic signal, subject to the approval of the City Engineer. Estimates shall reflect public bid item prices, and include appropriate estimates for the costs of design and construction administration. The agreement shall be executed by the applicant and cash security provided in an amount equal to the approved Engineer's estimate, prior to approval of a Final Map by the City Council. The applicant shall submit a deposit of $2,000 for preparation of the Street improvement Deferral Agreement, and shall be subject to actual costs associated with its preparation by the City Attorney, Provisions related to the deferral of the East Palm Canyon Drive widening shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project, advising all property owners of the deferred improvements associated with this project, and the City's right to widen East Palm Canyon Drive to its General Plan width at such time as it deems necessary. The provisions shall indemnify and hold the City harmless from any claims or liabilities from future property owners associated with the City's fight to construct the deferred street improvements in the IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII(IIIIIIIIIIIIIIIIIIII @7/25 2@07080W D 6 D D I • U U Resolution No. 21316 Page 16 future, subject to the review and approval by the City Attorney. In the event the City's ' General Plan is changed in the future to reduce the width of East Palm Canyon Drive such that the currently required widening is not necessary, the agreement with the City shall ensure that the cash security deposited by the applicant is returned. 53. Remove the existing curb and gutter, and sidewalk, and construct an 8 inch curb and gutter 38 feet south of the centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No.200. 54. Construct a 35 feet radius curb return and spandrel at the southeast comer of East Palm Canyon Drive and Camino Real, in accordance with City of Palm Springs Standard Drawing No.200 and 206. 55. Remove and reconstruct the existing nuisance drain and connection drainage pipe located at the southeast comer of East Palm Canyon Drive and Camino Real, to the satisfaction of the City Engineer. 56, Construct an 8 feet wide meandering colored concrete sidewalk along the entire frontage. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. Note, this condition defers construction of the master-planned blkepath along the south side of East Palm Canyon Drive; the developer shall deposit with the City $5,000 to construct a future Class it hikepath across the entire frontage, as approved by the City Engineer. n .. ban^^*gin^' v feet-wide fneande 'nn_ nlered......6re. .. ..:.l....elk alefg-4lie-e �Fe I!Fe.4age The ...J...:..*.. a 8'al -e FQM1Y �riiigoc Igr�jyy{�e Cg n:.rnln "fete tills co>3diliet�defefs�pns#rtiction-of-the•-master planned-6ikepa a;erg the s�*� -Ade-of-"East Palm G;a ,Bn I,_:.... . fir-shall deposit with-th ro W!kepafil .-�,fentage;asappreved-��. 57, Construct a Type A curb ramp meeting current California State Accessibility standards at the southeast corner of East Palm Canyon Drive and Camino Real in accordance with City of Palm Springs Standard Drawing No. 212. 58. Construct a minimum 20 feet wide emergency access driveway approach and 6 inch concrete driveway with a centerline located approximately 35 feet west of the east property line as shown on the approved site plan in accordance with City of Palm Springs Standard Drawing No. 201. The access shall be gated and locked; with a lock box key provided to the Fire Department for emergency access. 59. Construct a 170-feet long by 12-feet wide bus turn out at the southeast comer of East Palm Canyon Drive and Camino Real. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories, as required by Sunline Transit Agency,shall be provided by the developer. 60. Construct a minimum section of 5 inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95%a 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 340. If an. alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval, IIIlillllllllllllllllllllllllilll Illlllllllll IIIII 07125/2007 a29 oft 00 00R n Resolution No, 21316 Page 17 CAMINO REAL 61. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Getastrae .�,�e� wide sidewalk flehiad the ser�elongthe eatire4fentage4n mseerdartee;vith-Glly—ef-.M epr-lFlgs�taFldar�-Brewir�.tRJo--2a 8. 62. Remove the existing curb and gutter as necessary to construct a 32 feet wide driveway approach (Main Entry) in accordance with City of Palm Springs Standard Drawing No. 205- The cenlarfine of the Main Entry shall be located approximately 260 feet south of the centerline of East Palm Canyon Drive, as shown on the approved site plan. 63. Construct a Type C curb ramp meeting current California State Accessibility standards at each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 214. 64. All broken or off grade street improvements shall be repaired or replaced. TWIN PALMS DRIVE 65. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 21D. 66- All broken or off grade street improvements shall be repaired or replaced. ON-SITE DRIVEWAYS AND PARKING AREAS 67. All on-site private driveways, drive aisles, parking areas and other common access areas shall be constructed in accordance with the approved site plan. All drive aisles Shall have a 24 feet minimum width. AN on site pFiv _ R ^isles-parking �a�}eas�-,a,�nd-�ei�E#�c-��,�a eas-sgallbe�eFlstftteted-ice,-as��- e�."•,n::he�appreve�4 ......, plrn'c-rQl :rSliall-have �GCY'.ry:cc-^`�'!1" .ImF#fl}VI(Idtti. 68. Construct curbs, curb and gutter, and cross-gutters as necessary to accept and convey on-site stone water runoff to on-site detention basins and/or parkways„In accordance with applicable City Standards. 69. Construct a minimum pavement section of 2'/ inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. 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. 70. The 20 feet wide emergency access to East Palm Canyon Drive shall be constructed as a concrete driveway, or with turf block or other approved permanent and stabile materials, as 1 approved by the Fire Marshal. SANITARY SEWER 71. All sanitary facilities shall be connected to the public sewer system. Now laterals shall not be connected at manholes. I IIIII /III II III ����/III���� illll III III/1111111112907 648t9AA 07/25/2997 eS-BOA I 30 of 85 0 0 r'!a 3 0 Resolution No. 21316 Page 18 72. An on-site private sewer system shall collect sewage from the development and connect to the ' public sewer system in Camino Real and/or East Palm Canyon Drive. Sewer plans shall be submitted to the Engineering Division for revlew and approval. Private on-site sewer mains shall conform to City sewer design standards. A profile view of the on-site private sewer mains are not necessary provided sufficient invert information is indicated on the plan view, including elevations with conflicting utility lines. Connection of the on-site private sewer system to the public sewer main shall be connected as a lateral and not to an existing manhole orwith a new manhole. Plans for sewers other than the private mains, (i.e. building sewers and laterals from the buildings to the on-site private sewer mains), are subject to review and approval by the Building Division. 73. 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 Codes. Covenants, and Restrictions(CC&R's) required for this project. GRADING . 74. 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 a 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 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 Elio Torrealba at AQMD al (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the 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 Site Plan;a copy of current Tifle Report; a copy of Soils Report; and a copy of the associated Hydrology$WdyfReport. 75. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets,roadways, or gutters. 76. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from , the California Regional Wafer 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- IIIIiI IIIIII III/ II III IIIII III IN 111111111 B72 3 aQf 35 OD��w4 Resolution No. 21316 Page 19 77. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the developer shall post with the City a cash bond of two thousand dollars($2,0(10.00) per disturbed acre for mitigation measures for erosion/biowsand relating to this property and development. 78, 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 6uiiding Department and to the Engineering Division prior to approval of the Grading Plan. 71 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. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert(Phone:760-776-8208). DRAINAGE 80. Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Preliminary Hydrology Report for Tract 32732, prepared by Fomotor Engineering. (as may be amended and/or revised). The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site stormwater runoff and management of on-sife stormwater runoff, as described in a final Hydrology Report for the development, as approved by the City Engineer- The preliminary Hydrology Report for the development shall be amended to include catch basin sizing, storm drain pipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 81. On-site retentionldetention basins shall be limited in size and depth if proposed along the perimeter of the development- Not more than Ao% to 50% of the perimeter of the development shall be used for retention purposes. The size and location of above ground retention/detention basins shall be subject to review and approval by the Director of Planning Services and the City Engineer. 82. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shalt be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a storm water runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 83. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL K 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. 85. All proposed utilities shall be installed underground. lIIIIIlllllllllllllllllllllllllllllllllllllllllllillll 971250322 3569R U AWOL Resolution No.21316 Page 20 86. All existing utilities shall be shown on the grading plans. The existing and proposed service laterals shall be shown from the main line to the property line. 87. 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 plans shall be submitted to the City Engineer for approval prior to construction, 88. In accordance with Chapter 8.04.401 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 transacting, 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 tho south and east property lines, as well as the overhead line terminating at the northwest corner of the property meet the requirement to 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 approval of any grading plan. la-� with-Ehapter-8:04:404eFtf�e-City-e Ralrn�S �rsisiPat Bede-ell_exst/rag a ks erssaa d ever head-servleti��' 1Fgas telepttone-talevisiowrca#�lesewiee�vad�+railar- ' r lines, .. hieli F-, sewise�:�e � �re-�efrsRe;abtrttiR h c,�, and/er�rartseeting�FiaN-�- 11.„ d ill?d:,.�iaun""riiri1055- e4.�fIG�rL�'St t1Bn5-are-shewn-i•• n_....eFal QFd8FS ne and 2-8- f-he fal#erna�ubtis�l#ititias Gsr aissien a+ld-seMse-requ-en aFits published hthB Utilities. A .ed by the n. 4s) of de#alled-plw�� eaffiested--utilltoes-tdepiem,y--a,r-a�,:.�rousad leellMOG ndergretinded -shall-be submitted to the R _Qheit" Qivisien-Prler t9 appreva! 1 The existing overtead etifities as sss RFigz ea ti r c rhn.�,-IT�eMinat'}ng a the neith.a.e Bl i.emer of the p --...Jy Ffl.-et the M eAt4e-be iRe""wed undo•^ ^' ^ '_ The the auaik ; v ^ '----••-�°� .h :ilities vrttta respes�te ad]aser+t atad off-site properfies ark to present- ease IF as-e�`�le Munleipst bade-Fequiwer efit-i�apprepdate to ties planning-Sarnnaissien-andler�iily Geuncil-as-par-feF�t is-prsjeet. :.. .+efeF. d In aaaaru��;1 pesifis-dirostior-�Uae �+araRing GaMfflliesla __ndAer Gily r......,.a •h,. �..Or{.J-pFUpe,"t :,:.. -" "Il-•9nteF-IRte-c"reddcimnt a9;;e"..�-�e-�Iderg all of the in the L. rr %nest „f the Gib, of o..l..., c-..:...... nit'��-F7g11ieeF3t-"-,L7et, Vrap Rg dppFrtiei•,,•••,••'i neeessa:T The-caveR� prepe"Rei:-PiRd 8 .hm: �}M� r,hReerprpi�er�e ss+�aace-0f-a•g`rading title reperl; er-a shall ben .,:ded ta yerj�, noWFF�em1 Preriefly owneFslimp, Akfce d shaN he paid 6y ge developer prier to issuance-o b itding-ryermlts. 89. Nothing shall be constructed or planted in the public right-of-way which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D, IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIITill e7fz003 aof 35 0R Resolution No,21316 Page 21 90. 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 91. 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. TRAFFIC 92. The developer shall deposit the sum of$3,300 as the proportionate share of the cost of future construction of traffic calming measures to be installed by the Clty or others on Camino Real, to mitigate increased traffic in the area resulting from this development. 93, A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed to control egressing vehicles from the development in accordance with City of Palm Springs Standard Drawing No- 620-625 at the Main Entry. 94. The existing traffic signal at East Palm Canyon Drive and Camino Real shall be modified as necessary to facilitate the required widening of the southeast corner of the intersection of East Palm Canyon Drive and Camino Real. Submit traffic signal modification plans and technical specifications (special provisions) prepared by a registered Civil or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be modified in conjunction with adjacent street improvements, and shall be completed prior to issuance of a certificate of occupancy. In the event widening of East Palm Canyon Drive to its General Plan width is deferred, in accordance with City Council direction, preparation of traffic signal modification plans shall not be required, however, the applicant shall be responsible for submitting cash security In an amount equal to the cost of the design and construction of the traffic signal modification, in accordance with an agreement between the applicant and the City. Flee existing f�affis signaF aFE� aal�yerrprive and Saratin es-mesa&saaeiiftate�#ie-ceq�rir-ed-wi ��:,e-seathsast�oFner^i-o,-W,e '-�,ter�eetfon-ef E -Raln��anyori--Ba�r��„��a,.,;,,o-R�aL �—�,,;�.';;�iQttal-rr7adifisatien-plans-aiad teehaiaat-spesifiarrtieas-fspesiat-prevlsiens}prepared-by-a-regietered-Sivi .",s-€ngineaF The ,er-,....ay. and-approvat--by--theme,,,-�„g, me-sigr.a�-u odiAed-1n eewyur�staea�;:nh�adjaeent�reetimprgvan3ent�-�-s;atl-bc-sampletad-pr'^,�,-t��-.•�a�;ee,�a eertificate-ef•essuftar+ey. 95. 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 East Palm Canyon Drive, Carrion Real, and Twin Palms Drive frontages of the subject roe A- dr ^F�-"a°' e 1 p p rty. tees-e€sidewal#�leara�evided-ar�nd-alE awes-feF-hara�eapassessily:-Ttic dc:c'c,::: skrail--prBvide-saaaae-tfxeuQi� dedi.,ot�;-e;�aseFnept�td/oF-widewir�g-af�he�idswaN�-er-v;a,-o��-ro�ansitrle-far-#ae • '••••mot HlSf3n —IRlpeEiirneFlt�-I en 6arrtiAe Parecela and Cade&a^ ' ^ ems of "ems �e�F raperty- 07/25120 IIIIII IIIIIII II III II IIII IIIIIII IIIII II IIII IIII IIII �a030aPt3 a o a I 07 08 00R A 0 Resolution No. 21316 Page 22 96. 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. 97, This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of building permits_ Ill�lllllllllllllllllllllllllllllllllllllllllllllllllll 07? 350of 35 - - - - OHM ,