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9/1/2004 - STAFF REPORTS (13)
DATE: September 1, 2004 TO: City Council FROM: Director of Public Works/City Engineer FINAL MAP NO. 31980 RECOMMENDATION: It is recommended that the City Council approve Final Map No. 31980, prepared by Thienes Engineering, Inc., representing NRC-1, LLC, a California limited liability company, to subdivide property located at 1000 E. Palm Canyon Drive, in Section 23, Township 4 South, Range 4 East. SUMMARY: Thienes Engineering, Inc., representing NRC-1, LLC, a California limited liability company, has prepared a twenty lot Tract Map for subdivision of property located at 1000 E. Palm Canyon Drive, in Section 23, Township 4 South, Range 4 East. This is a mixed use development, consisting of nineteen single family homes, and one lot for construction of a 133-unit multi-family apartment complex. BACKGROUND: Thienes Engineering, Inc., representing NRC-1, LLC, a California limited liability company, requests that the property located at 1000 E. Palm Canyon Drive, in Section 23, Township 4 South, Range 4 East, be subdivided into twenty lots for construction of a mixed use development, consisting of nineteen single family homes, and one lot for construction of a 133-unit multi-family apartment complex. At its meeting of April 14, 2004, the Planning Commission recommended approval of Tentative Tract Map No. 31980, which was subsequently approved by the City Council, subject to conditions, on April 21, 2004. It has been determined that required conditions have been satisfied, that Final Map No. 31980 is in substantial conformance with the approved Tentative Tract Map, and that Final Map No. 31980 is ready for City Council approval. SUBMITTED: DAVID J. BARAKIAN Director of Public Works/City Engineer APPROVED: �DAVID H. READY City Manager ATTACHMENTS: 1. Resolution, 2. Map, 3. Subdivision Agreement SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and NRC-1, LLC A CALIFORNIA LIMITED LIABILITY COMPANY TABLE OF CONTENTS 1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.14 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . 3 2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.5 Release of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. Cost of Construction and Provision of Inspection Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5.1 Subdivider Responsible for All Related Costs of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 i 5.2 Payment to City for Cost of Related Inspection and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6. Acceptance of Offers of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.1 Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . . . . 10 11. Corporate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ii SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of , 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and NRC-1, LLC, a California Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 31980 of the property, located in the City of Palm Springs, County of Riverside, State of California (the "Property"). The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs for public use an easement for public utility purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over Lot "A"; dedication for street and public utility purposes, Lots "B" and "C"; and dedication to public use, the easement for street and sidewalk purposes. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1., Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $1 100,000.00. 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "A" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 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 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. 2 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at anytime before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdividerorthe contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials orwork may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be 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 3 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 year after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time. Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. 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 Majeure. 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 4 Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty(30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 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. 5 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 $1,100,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $550,000.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $ 6,768.00 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$170,000.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a 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 6 default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty(30)days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes maybe made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdividers Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten(10)days after written demand therefor, deliverto 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 7 in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii)Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from Cityfor 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 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 8 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 otherthan 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 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 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 wilful 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. 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) 10 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 By Patricia A. Sanders, City Clerk David H. Ready, City Manager RECOMMENDED BY: City Engineer SUBDIVIDER: NRC-1, LLC, a California Limited Liability Company (Check One: _individual, _partnership, _ corporation) By: By: Signature Signature By: By: Name and Title Name and Title Mailing Address: Nexus Companies 1 Mac Arthur Place, Suite 300 Santa Ana, CA 92707 11 ALL-PURPOSE ACKNOWLEDGMENT Slate of CAPACITY CLAIMED BY SIGNER County of ❑ INDIVIDUAL(S) ❑ CORPORATE On before me, OFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑personally lmown to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) ❑ OTHER is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signamre(s) on the instrument the person(s)or the entity upon behalf of which the persons(s)acted,executed the nistmmem. SIGNER IS REPRESENTING: Witness my hand and official seal. Signature of Notary 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 NUCT'GF, TRACT NO_ 37980 NO OF PARCELS-II GROSS AflFA 50),lbb 50 F! C112'OF Sl/RVfY.AWUST 2G6I IN THE COY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL 1 AND PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 03-18, RECORDED JANUARY 22, 2004 AS INSTRUMENT NO. 04-0044822 OF OFFICIAL RECORDS OF SAID COUNTY AND A PORT/ON OF LOT 35 OF PALM VALLEY COLONY LANDS, IN SECTION 2J, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AS SHOWN BY MAP FILED IN BOOK 74, PAGE 652 OF MAPS, RECORDS OF SAID COUNTY. mTHIENES ENGINEERING INC. BR/AN L. THIENES P.L.S. NO 5750 — I I )s I I '8 )S CI I2B C19 R>7WT 2ILS2']]I.B'/ T25 g c1e x x n r A n1 N 69'22.25'N 1.1 9f ^ 14 �v LOT.41 1' 76219F. its __ _______ i26 F u 6912 P <LGOS 8 l N } LOI'12 LOT, i20 I 1]�1J \ -------F-- 55gB 9-- IUu 3E133F 111 =0 BF. )T T 6 (WOj9•W _ 8F< IS L ___ F _____ _ LO J zQ �. p. 12 6902 9F. LL - --- xyo /1i 61fl16F. Y 7 .9O5 ----------- �6 --------------- raacr NO. +eer 0 A5 50 160 2Q 1fi,fi ----------------- __-___-_---_ s 8 R'o I O50' W859F. ,096 HF, p ,� SCHE:1'�p0' C p W( LOTgF I-CF, .,N. 1NEWAT 1 p p _ r FFW /ua » / 90 - too I:k l _ _ / LOT � /.5• I - PRO r AT ,/ I P lruo) a LOT'&' X STj5L9_�� 5\ XETINCEX HEREON fi W _ _ R 5 ,51 O/wA]E�) _N 9951'32'E 45T40_ ;y b Q u Iu0) 10 IZ yP . s 03 39 03I IQ aFr ` 9 NJ �� OQ / PALM VALLEY COLONY LANDS e,Q� LOT 20 �0 W LOT 35 ICT'c' M.B. 14 652 o561cnTE9 nEaEON TT II 4 il2 ',yi5] N 89'51.32'E 996.63' ________________________§5224_ii , T A� N 69'S1'J2'E 1001]O' �I �I TI] .2,21 E43T PALM 105200'(M)(N 8950'29'E 105211'YL NO.M61) CANYON $ OR/VE ) ), N 99'51'33_E 1102 01 _ _ _ � Z SURVEYORS NOTES 1 II MONUMENT NOTES CONT'O • INDICATES FOUND MONUMENT AS NOTED. ( QI FOUND BNAES DISK STAMPED 115GLO 2J/26'IN WfCL MONUMENT, ACCEPTED AS S 1/4 CORNER 5 2J. T 4 5. R. 4 E. SB.M, AS p INDICATES GET 1 I/2'X 18'GR✓. OR. TAGGED 2 5 5150: FCUSp SHOWN ON T/NCT N0. 444I, MR ))/99- AD AND ONCT NO 14)3• WILL BE SET AT SOUNLURY CORNERS M.B. )1/85 - 86. 2 FOUND I'IA,TAGGED I NN}DOWN 02'NO REFERENCE,ACCEPTED AS O INDICATES SET J/4-X 18-NASA /P. TAGGED R E 5750- FLUSH, SONHWEST CORNER LOT J6 OF PAU/VALLEY COLONY UNO$ ALB. 14/65Z WILL 8E SET AT PARCEL CORNERS. J FOUND BRASS DISK STAMPED TWIFORNA STATE Hl6HWAY)J1 4 O)J9- ,[JQ� /N/H£fKNT Ol£AS012 MCNUM£N6 ON EIIH£F THE SOON04RY /N WELL MONUMENT,ACCEPTED AS C/L/NT£RSECPON OF EAST PAY G/TYON CORNERS OR THE PARCEL CORNERS CFNNOT BE SETAS STATED A60VE. RATE&CAM/NO AGE,AS SHOWN ON GATT NO MA. MR ))/99- 100 DUE TO UNFORESEEN CHCUM55NCES, MEN we FOCLOMNC WLL SE SET AND AMOT NO, 4473 MR 72/65-86 AT THE LOCUTION SPECIFIED/N LIEU MER£OF I. A I&TO& TACK TAGGED IS. 5)50' WILL BE SET IN CONCRETE a FOUND 2-X 2-HUB& TACK/N 4-LP.;DOWN 02: IN LIEU OF J/4' ON TOP OF CURB ALONG PROLONGATION OF PARCEL LINES FOR I.P.;ACCfPIEO AS C/L/BC GAMING REAL/PER RANCHO ROY&E, M8, FRONT PARCEL CORNERS 21/J5 - J6 2 A SPIKE AND WAERE STAMPED LS 5750'WILL BE SET IN AERIAL SURFACE,2-OR MORE W MICKNESS 5� FOUND 2-X 2-HUB& TACK IN 4'I P:DOWN 02, IN LIEU OF 3/4" LP.;ACCEPTED AS C/C/EG AMINO REAL!PER RANCHO ROYAL&. MB ALL MONUMENTS SHALL BE SET M ACCORDANCE WON THE RNERSIDE 21/35 - J6 COUNTY ORDINANCE NO 4619. © FOUND I"LP W/NAIL:DOWN 05:ACCEPTED AS C/L EC AMINO REAL. PER RANCHO ROYALE, MIT 21/35 - J6. ALL MONUMENTS SHOWN $EF"SHALL BE GET M ACCORDANCE HAN THE TERMS OF AND SHALL BE SET WDYNU 12 INDIANS OF RECORDANLITON AGREEMENT TION, UNLESS PR THIS MOP, ERNRANCHO ROYAIE ME. 20/J5 ACCEPTED AS OIL 8C(AMINO REAL. OTHERWISE NOTED © FOUND COPPER COVERED BRA55 HEAD ROD STAMPED II5421 GOWN O.Y'IN LIEU OF 3/4'LP.:PER TRACT NO 4(41.1, M M.B )l/ 89 - 100. ❑9 FOUND COPPER COVERED SEARS HEAD ROD STAMPED 'RCS 11842'. SEE SHEET 5 OF$FOR BASIS OF BEARINGS DOWN DJ: ACCEPTED AS SOUTHWEST CORNER LOT 2/P£ CT 4441• MS. A/99 - 100. MONUMENT NOTES CONTINUED ON SHEET J SHECT J OF 5 Ol5CLM AREA- 0166 50.FTSFlv RUSE 2aJ TRA CT NO_ 37980 IN THE CITY OF PALM SPRINGS, COUNTY OF RNERSTOE, STATE OF CALIFORNIA BEING A 5UBOI✓ISION OF PARCEL I AND PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO 03-18, RECORDED ✓ANUARY 22, 2004 AS INSTRUMENT NO, 04-0044822 OF OFFICIAL RECORDS OF SAID COUNTY AND A PORTION OF LOT 35 OF PALM VALLEY COLONY LANDS IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AS SHOWN BY MAP FILED IN BOOK 14, PAGE 652 OF MAPS, RECORDS OF SAID COUNTY. THIENES ENGINEERING INC. BRAN L THI£NES P.L.S. NO. 5750 II TRACT NO. 4441 'b M.B. 77190 - 100 0 90 AO EO 1'H1 \ / 1 ry CAI IAi R wLE:I'.AO' /��3 e; ' pEpGTFO emcax. / Ry1j \ nmw+sarrx£n i n, , pPRQl�l 6 `% PALM VALLEY COLONY LANDS �Q L_or 20 �. 361,,871 SF. L M LOT 35 bk�P Q' o" M.B. 14 / 652 aQ R rl] ' TI n r x 65 02*E %6.6]'---------------------- - v m ^1 LOT Wr V _ TO � br.w' I I Im1.60'— " 996.00'— T]l J]6.91' EAST PALM Imam'(u7 Oman'W.W.uu) — x"51']i'E nm.vY— 1 I J MONUMENT NOTES CONTV. iQ 1 10 FOUND LO LP.PERD CT N I4441,FLUSH AC 99 -A]SOUMFAS! I 1¢ CORNER GOT$PER URGED W N0. M46 M.B. ACC PI - S100. S 1 K.3"lldd��yy II (FUND J/4-IF TAGGED RCE. 11942'MAN 0.5%ACCEPTED PL B6.'PER IRACT NO, 4441, M.B. 71/99 - iX EASEMENT NOTES: 12 FOUND COPPER COVERED BRFA55 NERD ROD STAMPEO R.C.E. I1B42i FLUSH;ACCEP]EO AS PRLMAVERI ORIV£ANGLE POINT PER TRACT NO. 1 AN FASEM£M MR A,,,ANO/G,UNDERLROUNO FUC,,C OR COMMUNEIRON SIRUCNR£S 4441• MB 77/99 - !00 Q Q FOUND J/I N. TAGGED RGE 11842-DOWN O.J:ACCEPTED AS PRGNWIM AND INOV&DAtED YUIO.SE OF CABFNSTRVMENOUE COMPANY NO 90149.0FD CCROAMR A CORPoRIRON, ORNE PRC, NT4CT NO. 4441, MR 77/99 - ION 14 FOUND COPPER COVERED LINES HEAD ROD STAMPED R.6f 11842' 2O MI EASEMENT FOR INGRESS,EGRESS AND ORIUACE P✓MUSES RESERVED HEREON FLUSH, ACCEPTED AS POINT ON C/C OF PRIMA✓ERA GENE. PER PACT NO,, 4441. M.B. 77/99- 100 JO AN FASENFNI!pp RELIPMYN,Y.Y.4(YS NDCG9F.4 FbP pAYflYAY PURPoSfS R£SERN£O HEREON 15 FOUND COPPER COVERED BRASS HEAD ROD STAMPED R.C.E. 11842? NOSACCEPTED !CM BED A77�OJ T ONO C/L OF PR2AMVERA DRNE.'PER PACY O AN F75FNENT FOR LINE OF YGHT PURPoSfS RESENYEO F£REON [IC FOUND COPPER COVERED BRASS HEAD ROD SPURRED IR.CE. 11842' SO AN SISTMFNT F24$47FT MO 90 MK PURPoSE5 IERG T M ME OR OF PAL,SPRINGS AS llS.ACCNO. 4441. MBTED A% I PoIINT O DC/L OF PRIMA DM ORNE.-PER TRACT MOWN HEREON.1© SGRCHEO FOUND NOTHING SHFET 4 OF 5 N° 1.5'11 TRACT NO_ 01080 GROSS AREA =SOA)66 50 FT. MlE OF SUR{FY'AIkUST 190J IN THE CITY OF PALM SPRINGS, COUNTY OF RI✓ERSIDE, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL I AND PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO OJ-18, RECORDED JANUARY 22, 2004 AS INSTRUMENT NO, 04-0044622 OF OFFICAL RECORDS OF S41D COUNTY AND A PORTION OF LOT J5 OF PALM VALLEY COLONY LANDS, IN SECTION 2J, TOWNSHIP 4 SOUTH, RANGE 4 E457, AS SHOWN BY MAP FILED IN BOOK 14, PAGE 652 OF MAPS, RECORDS OF SAID COUNTY THIENES ENGINEERING, INC SPAN L. TRIENES P.L.S. NO, 5750 1 N fi9'15'10"W 114LOT 19 20' LOT 'A' csd n ]=�, PRIVATE ORIVEWAY 19106' I40 P' 920I �T�TT^N Y N 09'35'19'W 119 B]' «nE TRACT N0. 4441 I I � E M.B. 77 / 90 - 100 I I I I 16' li' KL'0 I I 3 I - x x9']Y]$'E A740' 8 K r I I I �I I I Y29 ni = I I I bI b l 8 LOT 20 �, x 367,877 S.F. i i �� Airy b a ao. I I I I I I I I I I I I I I I I I I 0 20 40 W 120 25' 1. I I I S 11'.40, 0 x$Y51'J2"E LOTT' iN LI l 42 MO. - N OEdG1E01EflE0M � -I 4 LOT T15 �{ x N511]2"E IMI.10' I RI MS 1=DS(Y)(IM'1.11'T&NO.Nn) CAAWON -x anror E 11m.01. -I TANGENT TABCf TANGENT TABLE CONTD L_ NO DISTANCE 8E4RING NO DISTANCE BEARING CURVE TABLE' CURE TABLE CONTD. TI 1029' NW'J491"E I 50,00' N00'08T8'W NO DELTA RIOPUS LENGTH N0. DELTA RADIUS LENGTH 72 J600' N 89'52'42'£ TJ4 50,00' N 89'5033"E TJ 2500' N 89'51'15'E TJ5 25.00' N 89'S!'!5"E LI 90'00'00' 25.00' J927' CJI 10'26'OJ" IOJ52' I885' H T019' N B9'51'32'£ T36 1.00' N 00']6'OB"£ L2 B'JI b4" 220,00' 3211' C32 25'IS- )OJ52' i565' TS I4.00' N8951'JI'f T3] 50,00' N89'SI JI"E C3 42'S9'OY TT000' I6505' C3J 14'20 D' IOJ 52' 2591' T6 30.69' N 89'5132"E TJB <000 N 00'J4'41'E G I6J5"01' 28000' 81.04' C34 2654'5S 44.00' X..67' T] 1426' N00'3]'30'E T39 900' N00'0828'W LS 14'J2'S4' 260.00' ]L10' CJ5 68'JO'J1" 4400' ST61, I8 1JB]' N]9'1}'JZ'W T90 J019' N89'SYJ1'E L6 00'J938' 2004.00' 23 J0' C36 62'f5}5a 4400' 4920, T9 24.96' N 00'3<'fl"E TII 122J' N 89'S13Z'f C] T9'28'S5' 95.50' f914' CJ] 62tl558 (d.00' 1810 TIO 19.52'(RAOJ N]SOI Y9'W T4T 1484" NIT05'Il"f CR ISOBY9" IJ650' 31,30' CJ8 JO'36'S6' 1L00' 1J 51' 111 26.56' NSIM'OJ"E T4J SI6' N89'25'19'W [9 45Y9LI" 116.98' 915]' CJ9 50'12'JB" 2309' 2102' TI2 6.I2' N 00'J)'JO"E TIf 11.89' N G9'TJ32'W CIO 50'OZ'JJ" IOJ51' 9C,42' C40 JO'26'03' 44.00' TJ37; TIJ 10.00' N00'J491'E T45 199; N10'SBYO"E CII 90'dS jB; 2000' 3L68' CAI 50'JI JS' T400' 11.16 TH 1B.11' N 1B'S4'9"E T46 1.52 N 0034Y1"E LI2 513000 250.00' ZT4]I' C12 90'OObI" 2500' J92)' Tl5 205Z' N4TJ605'E T9) ]]2' N003480'E L1'T 5PJ0'OS' 250.00' 12L 1T' GJ 100'2J29' 61.50' 10951' TI6 66.00' N 00'Jl'J5"E CI4 291653 13200' 6]92' C44 101J'Y 10650' 0..JY T48 ]J2' N 0034'50"E TV B4 00' N 89'2125 W A9 ZJ84' N Gtl'34'S0"E L15 58'S9'00' 100.00' 10292' C45 I6'JI I2" 290 00' BOJ3' TIB 50.)6' N BJ'5051"E T50 2500' N 8951Y5'E CI6 4T11'S3' 120.50' 99 J0' C46 1'08'IS' 200400' 75.05' A9 50.19' NB93Z'25'W T51 4000' N00'JB'01'f CI] 09'01'11' 100.00' 19.]4' G) 23'47'52' 61.50' 2596' T20 J0.00' N89'2225'W 152 16.99' NfA4529'W C1B OZY9L0" 120.50' S95' U8 )635' 6250' 8355' T21 )03]8' N 52'Ol'J5'f TSJ b.12' N B9'S1'2"E Cl9 11']4'0]' 100 00' ZO 19' C49 T:Z'S8' 412.10' SN0' .1. C20 19'S654' 82.00' 2855' C50 4'1852" 12000' 9.04' T2T IT059' N52'0]35"E T54 894' N00'J]JO E CZI 19'56'S4" 118.00' i1.08' G51 10'Jfi 52' 120.00' ZT ZJ' Nu I2059' N00'A'JO'E T55 a4 NMMS}9'W L22 19'5651" BL00' 28.55' C52 54'44'I2' 2J 00' 11.9]' N4 9000' N00'J)30"E 156 5900' NOZ'S0'�fil'W COS 19'S6'f`4' IIB.00' 41.08' CSJ 5B'IOb9' TJ 00' 2J 55' 125 J6A9' N21'11'OJ'E T5] 1956' N10'5610'f C14 5-2140' 9550' B.99' L54 I6'21'I8' 2300' 6.5]' R6 16.70' N 89]225'W TSB 2J00' N 00'3451'E C25 24'O]'15" 95.50' 4010' T2] 1O"A' N 52'D]JS'f T59 25.61' N 36I9'4b'W [26 J'I129' IJ6.50' ].84' T18 ]6.06' N])4995'W AGO JLJB' N 5548'19'W CEl 9'S6 J1; IJ6.50' 2J 46; T29 J5.50' N B9'S1'32"E 161 l0.61' N 00'J4'u'E C28 B'S1 I6 11e 8: 1808, N`f 20PI00'(210J N 85'f l')0'E T62 6.]0' N JT2J'4J'E C29 2T1J22' 116.96' 453] III 2004 00'(PAOJ N 65'01'O)'E 163 8.48' N 25'09YJ'E CJ0 I4'15'03' 1/6.98' JO.IT' T32 5601' N 89'51 J2'E ENE2TEZ4- ACT NO. 37980 15 Aq I'A TIS-11 G'Ar5 lu a SO�Zfit SO ff 012'LY SVRYEI^AIKI/Sf,TOOJ TR IN IHE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL 1 AND PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 03-IB, RECORDED JANUARY 22, 2004 AS INSTRUMENT NO. 04-0044822 OF OFFICIAL RECOROS OF SAID COUNTY AND A PORT/ON OF LOT 35 OF PALM VALLEY COLONY LANDS, IN SECT/ON 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AS SHOWN BY MAP FILED IN BOOK 14, PAGE 652 OF MAP$ RECORDS OF SAID COUNTY THIENES ENGINEERING, INC. BRAN L. THIENES PLS NO. 5750 i 2 CI9 CI) )2e x eT2332 X 1)IA]• m X Eff$J'1]'X t%I.N' iM 4.z _--x evn'2s'v Oe Imar ' s aai5'12"E w+ LOT 10 28.92' 1�• LOT 9 it {$6 JY3'1 l 1 y3 T321 OF. 9F. - N 11,25.11.W 1I9]6 rN 89 S'10'W I1777'� a u e ___LOT n____- ^ my LOT e____�a 8 1 301E OF. w Q 4G0'J BF. e N 89'$5'10'W 12607- H 69'$5.10"W Ip910' W Q ¢ ry -LOT 7- -b° A 'J 5e12 B.F �I�f � 35GG 6F. i N 89'2510"W 120.26' i r u' N 99'ZS'10 'M 111,12' LOT 13 v d LOT 6 V $ U Cd1e OF. F 6DI0 8F yI N 89'ZS'10'W I$507' O N 5925•f 0"W 1313] IY iJ _}b L 1800' E _____________� - ip Ip LOT 14 o L LOT 6 TRACT NO. 4441 / 6 310E 61 >pm 610 --_-_ N 8Y$5'10 W 119.00' N 69'25'f 0'W 156.]- ( 10 6b b /L " LOT is LOT 4 / rvor ra ^ M. � 100 I U N 0'ZSB. // / JO 5 c21 �Op ill LOT 16 b$ o LOT.1 9 » 4w>e eF. T0.'f3 6F r:l ap'z ___________ m N 19'25.10"W 1]510' N 89'ZS'10'W 15633 y LOT LOT 1] O y epos eF. Tpp3 6F. ^to S R W W TlS N 09'25'10 W 1563]' �, O ^ _ M1 I b Ifs b LOT 16 ---LOT1 - r n 1 I z lJ l�lJ,I OF. . ( � 727I 9F 16$ ((� n \ x ETPs'Ip_q 1]e_n' ` Pµ" 4' u.ae' I\ Px e9 zs'16"w 114 ze' LOT •A' C54I LOT 1B .oy PRIVATE DRIVEWAY /� I '1• TW1�' P3.0.51 OF. V-1 19f 06' 128]]' 82] l'rAN N 8Y25'19 W]196]• �\ (� OVA ,1 0 W40 w 120 I I �."�� 0. wam-+o' I I I � rNM SPRINGS NRPOFi(PSPP)CORS GS1N0: 6,98],561]] NOL 05 G ZOxE 6 2 3i ) 3}° x essr]t E tosz.pr e6 CAL Elf P O,PO [Ol1FGE pE 210 OESEgT(CON)CORS -��— '4M CANYON OgNE NORMING'2,Z1 , ] FASTING: 6.520 O .5'11 J N 61'"0'W 5z 581,1-- WO BJ G ZONE 6 BASIS OF BEAR/NCS. ]XE HE4RWG5=W NFFEON AR£B45E0 ON fNE BFA4/NCS B£]WEEN GIFORNN SEEING Rf££RfNLE CENTER(LSRL)LOFL(NN/INIgVSLY OTR4PN4'M]FRfKE LIAIKK/)P. ) WG"""B'u `)Mb LYAPS ibZ'(CO(LELE O"]NE OES£RTJ B£lNC N N 15-1J"W PER 0l H OTI BY CIOFpPNN SPA RCF£RENG'E Lf` moor"""" o BYVS "" )q'CLftVN/L ENGA<ERINL L£N]£R(LORPSLON). No.920] CITY OF PALM DESERT ORDINANCE NO,1069 ORDINANCE OF THE CITY OF PALM SPRING5 ADDING SECTION 3 39 TO CHAPTER 3 OF THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO THE EMERGENCY COMMUNICATION SYSTEP4 ' RESPONSE FEE The City Council of the City of Palm Springs,California does hereby and and ordain as follows: Section t Remate C) WHEREAS,in order thurprove the pet Edmunds and ens the continued enhanced performance of the Cr - Emergency Communications Custer and Its .merger communication system(herein"Emergency Commumcat System"),Elie City must impose a fee for such enhenccd G demands. WHEREAS,the Clty'a Emergency CommunlceLon Sysi provides immediate access to emergency seances for Ir phone subscribers Subscribers to leleph.ris caress Its Significant benefit foam the operation of the mtograled s lam installed at the Emergency Communications Center PROOF OF PUBLICATION This IS space for Count (the City of Springs Telephone subscrbers will Fel l fir P Y upgrading and then maintaining The improved groomer (201 5.5.C.C.P) Communication and System sod from at a stale of the 1 level and atll fudher benefit from operates at a state the hoc[ he Emergency Communication System or proadm9 a n backup Emergency Communication System and the this h can be Immediately available and operational in the even a fader.The toads associated with upgrading and Tore,_ apermmg and maintaining the Emergency Commumcat System and facility and bacleup Emergency Commumcat System and facility should he allocated among all delepho subscribers because telephone subscribers will reap the significant benefits WHEREAS,the Emergency Communications Center is c really staffed by fourteen It 4)dispatchers and two(2) - - STATE OF CALIFORNIA --- -- _ _ supervisors.The dispatchers are the front line to public Salrety and rocerva-the1Lst call fin emergency s.rmce Ed County of Riverside to increased population and service many Omas di,pa ch eis must place emergency calls on hold to handle radio and telephone traffic This in turn causes ds[ays in emor- sandy response and service to[he Super hi y This Emergency Response Fee,may also be used to fund now dispatchers and supervisors WHEREAS,the purpose of this Ordinance ie to require sr sedbuis to telephone service in the City or Palm Springs pay a s.m Go 0i user fee Qhe"Emergency Hosanna Pe hat s directly oulatetl to the benefit subscnheis dsuva f¢ I am a citizen of the United States and a resident of Proof of Publics nip Impo.vemente m and operation of the upgraded a Improved Emergency Communsalum Systems[hat will the County aforesaid;I am over the age of eighteen - ---- --- ------financed by those fee revenues.The Emargancy Respon Fee is the most practical and equlab[e revenue MOCIe ou years,and not a party t0 or interested in the to finance the acquisition and construction of land, equ above-entitled matter.I am the principal cleric of a ment,soRwaw,and facilities that are needed to provide adequate and reliable emergency communication systc printer of the,DESERT SUN PUBLISI3ING and to operate that emergency communication system T fee Is Intended 10 recover all costs slated to the banohe I COMPANY a newspaper of general circulation, Emergency Communication Systems will provide to nr exempt telephone subscribers,mclud[ng but not limited printed and published in the city of Palm Springs, the pi aA go of the Emergency communication csnter T Countyof Riverside,and which newspaper has been fees imposed by the provisions of fl rs Ordinance dealt t eeexceed the reasonable cost of providing the rvtc adjudged a newspaper of general circulation by the described. Superior Court of the County of Riverside,State of WHEREAS,file previsions of this ordinance are not era ad tot general revenue purposes This fee is not resign California tinder the date of March 24, 1988.Case nor intended to recover the espouse of capture, detente and prosecution of persons charged with crimes The f Number 191236;that the notice,of which the imposed by the provisions of this Ordinance does not sap annexed is a printed CO set in a not smaller the same purpose as any Utility user Tax currently in offs 1 0Y type in the City of Palm Springs The funds for the Utility User than nou pariel,has been published in each regular are deposited into the City's General Fend and are ubhz for general governmental purposes,whereas fees collect, and entire issue of said newspaper and not in any under this Ordinance are used only for[he speeinc purpos described herein supplement thereof on the following dates,to wit: WHEREAS,t,this is not a a afert mold lee, nor is It moreasetl tarp but msfzad Is a fee baecKl on use of a spec Aug 7th to service --------------------„----------------------------------------__ NOW,THEREFORE,the City Council of the Cry of Pal Springs,Cali o,no does ordain as follows Section 2.The City Council of it,.City of Palm Sell Lin --------------------------------------------------------------- Ihal the above recitals are true and correal All in the year 2004 Section 3 Chapter 3 of Ilia Palm Springs Municlpel Code I certifyor declare under penalty of per a that the hereby amended to add a new Season 3.39 to mad m P tY P I rY entirely as follows foregoing is true and correct. "EMERGENCY RESPONSE FEE' t th---_ Sections Dated at Poplin Springs,California this-----1) day 3.39.020 CaelPnrpose. 3 39 030 Caroldings 3 39.030 Findings of--------Aagust---------------------------- 2004 3 30 050 ImInExemptions of Emergency Response Fee 3.39.060 Exemptions j 3 39 070 Annual Report 339 080 CollectioEmergency of Fee Response Eider enc Communications Emergency g Y 0 Y Response Fund. ------------------------------- 3 39.100 Registration, for Fee 3 39.110 Regrestahon,Reporting and Remtlhng $Ignature 339.110 Interest II..t and 3 39 e b Fnilare to Collect and Repot Fee,Delerrtmmllon of 91 by eonca Director. 3 39 130 Folunds. 3.39 150 Adminillow.strative to Pay Fee Agreements Administrative Remedy 3.39 150 AtlmPub Agreements 3 39.010 Californiaomia Public U11ltlies Commission Jmrstlichon 3.39.010 TitlelPurpose A.In order to ensure and Improve the performance of P City's Emergency Communication System, the Clty taio. impose a fee This Chapter Shall be Imown e.a Ili �. 'Emergency Response Pee Ordinance"and the too Impose herein shall be known as the"Emergency Response Fee" $� B The purpose of this Chapter is 10 require subscribers t telephone aervlae In the City to pay a fee which Is Nrect relalso to the benefit Subscribers derive from the rmpmi to and - of Einar nay rouri--110 D� kt� IiW . E NO . I V5� P5 a � C.Ilie Emergency losponss Fee Ia the most practical antl _ - D The amount.1 1'.fee Imposed by[his Section shall be equitable revenue muehamsm In finance the acquisition and many Public Safely Answ,rmg Paint(ASAP)by which 9,1-1 established annually by resolution of the City Council,and eonstwomp of laud, equipment, spktvede, and i inflif calls from wiraloss telephones ere 9coil dairy routed to shell be paid,on a per-line basis,by ilia parson paying for which are needetl to provide an adequate antl reliable the Em moray Communlbahous Center for handing. such local telephone prince; provided however, that rid Emergency Communication System under a single uniform telephone subscriber shall be required to pay fees in excess management stmclure and to operate that Emorgency K "Operating costs"moans any costs to operate,repair or of$10,000 per account per service location in any calendar Communlespon System The tea s intended to traded, all maintain the Emergency Communication System or boding year The amount of the cap established by this subsection costs related tit the benefits the City's Emergency Emergency Communication System,including but not limit- shall be adjusted annually by file Consumer Price Index:All Communication System will provide to nonexempt telephone ad to costa for personnel,planning, training,software and Urban Consumers l r All the s Los Angeles hei, Anam and subscribers hardware maintenance and upgrades,facility maintenance Bureau of Labor rAlli Item ported by the United Slates and repay, depreciation equipment replacement, technical D Tile fee imposed by the provisions of this Chapter Is infrastructure,allorneys fees,and direct and indirect tests intended safely to provide revenue fop eligible protect costs C Only and payment of the fee herein imposed shall be and eligible spearing costs,as defined in this Chapler Fee L "Project costs"means any costs of acquiring,refinancing trequires for any access or dunk line, notwithstanding that revenues shall be deposited by the Finance Director in the ni and developing land on which to locate a Emergency access lines of more than one person ale used In launching bli Emergency Response Fund estashed pursuant to Section Communication System rapidly or new backup Emergency local telephone serand to a telephone subscriber 3 39,000 of the Palm Springs Mun,cmal Code.The provi. Communication System fachly,acquiring and installing com- sions of HIS Chapter are not enabled for general revenue initialized call delivery processing and dispatch equipment D Revenues generated by Iris emergency response fee purposes,The moneys in the Emergency Response Fund and s,fiBee e, and/or any other acquisition or construction Shelf be deposited in the Emergency Response Fund,slab, shall be used solely for the put poses ref forth in this Chapter. necessary to house Emergency Communication System pursuant to equipment and staff in a seismically safe and fireproof[sell- Section 3 39 000.3.39 020 Dehmtins, IS including any debt service payments related thyroid. Except where the context or padmular provisions require M "Service Idcadem" means the premises a1 a telephone 3 30 050 Exemoflons otherwise, the following defiml,ons shall govern the can- subscithat at which a working service point or primary station atrrellpn of this Chapter. set provides the subscriber wtlh basic exchange service and Nothing in this Chapter shall be construed as imposing a A. "Access Line" means any connection from a customer Is which extension services are charged fee upon the access Imes of. location within the City to a provider of local telephone sew- M "Service supplier"means any person supplying local tele- A.A lifeline customer of a service supplier;or ice after ad to the public fat compensation Will Ilia mean- phone service, pursuant to authority granted by the Ing df this Chapter, and ithent limitation, access lines ,aluanda Public Utilities Comm,ss,on,to any telephone sub B.Atelephone corporation,or include connections trovid rig residential basic exchange ;briber at a location within the City of Palm Springs Service service,business basic exchange service,PBX service(fin- ;uppl,ers may include,without dmitalfon,local exchange car- C Coin-operated telephones,or vote branch exchange), loolgn exchange service and ions,,i ferexchange carriers,competitive access providers, Conine service. able television providers offering telecommunications serv- D.A nonprofit hospital which is external from federal income ;es, and any other entity difering direct connections fax dread Section 501(of of file United Slates Code,or B."Eligible operating coats"moans life padmon of operating accept Their premises and the premises of telephone sub- G.A nonprofit educational organization which is exempt costs Ictteri tittering Ilia benefit estimated to be provided by the bribers. oiler wan of the City's Emergency Communication System "am IntBi55a'I'a'.'.uu�r o0cudn 5G Il7ofidie Unite Stales to telephone subscribers who are required to pay the fee f,"Telephone corporation"shall have the samo moaning Code,or imposed by file provisions of this Chapter on access lines s tlehnetl In Section 23q of the Public Utilities Cone of the and trunk lines subject to the No.Eligible operating costs late of California or the most comparable successor dell- E Any person when!home tic of such fee upon that per- shall not include exempt operating costs. Ilion. son would violate file Conshfution of the United States,the Constitution of the Stare of Caharme,or preemptive federal C "Emergency Communications Conte,",means a commune "Telephone subscriber"means any parson required to or State law cations facility trial its assigned the responsibility to receive ay a fee Imposed under the provisions of this Chapter. 911 calls and other emergency response calls originating in 3.39 060 Annual Report, a given area and,as appropnato,to dispatch public safety L"Trunk Line"means a line between a service supplier's saw,ees fir to defend, transfer, or relay 911 calls or other witching device and a private branch exchange,automatic A No later than March ref of each year,ilia Finance Director emergency response calls to appropriate public safety agen- all distributing system,or other similar device,at a late- shall estimate the percentage of access lines that were sub- cies.Within the meaning of tills Chapter,and wtihout Ifmita- hone subscriber location ]set in payment of the emergency response tee during the lion, Emergency Communications Center shall mean the immediately offer fiscal year This percentage shall be dden- City of Palm Springs Emergency Communications Center 39.030 Findings hoed as the percentage of project costs and opemhng costs that are ehgl le project costa and eligible operating costs for D "Erne,gency Communication System" means an a The Emergency Communcatlon System provides,mme- the followmg fiscal year The Finance Director's report shall enhanced emergency telephone service which automatically Rafe access to emergency services for telephone sub- also"act" lire ad rated amount of the fee cap established connects a person dialing the digits 9-1-1 to an answering ;bribers Subscribers to telephone service derive s,gnrfice, by adbseclen S.of Seaton 3 39 040 that will apply in the fol- poml established withln the City and shall mcorpomle all tencfdfrom ongoing operalmn of ilia modernized mtegrafetl lowing calendar year aspects of the call delivery system,fire call processing sys- system.This improvetl Emergency Communication System B.No later than March i tem and the call dispatch system,Including,but not Innecd aa3 enhanced call delivery,call processing and call dispatch er In each add numbered year,the to,selective routing,automatic number identification(ANIT find has provided for more speedy and reliable emergency Finance Onecfur will avoided,information from industry automatic location and identification(ALI),Computer aided services Telephone subeenbers will benefit from maintaining sources,regulatory bodies and City experience to defer- Dispatching Systems(CA hi D),and Automatic Leader and upgrading file improved Emergency Communication mine whether the fee rates for trunk Im pre - Systems commus to pe Systems AV,) Nefareaces here,,, 1, the Emmgency System so 11 continues to operate at a state of the art level reliably vadcl the increased estimated access to the Communication System Shall, for the purposes of this and will further benefit from maintaining the backup Emergency Communlcalion System provided to trunk lino Chapleq Include calls originating to emergency Imes within Emergency Communication System that can be Immedeta subs cnbers relative to access line subscribers. the Emergency Cemmunmmidne Centro, Including all ly available and operational in the event of a failure at the 339.070 Collection of Fere. aspects of the call dervery sysdem,call processing system Palm Springs Emergency Communications Center A portion and call dispatch System totaling to such calls of the costs associated wtlh operating, mainla,ning and A The fee imposed by this Chapler shall be collected front upgrading the Emergency Communication System and tacit- the telephone subscriber by the service supplier Seance E "Exempt aparaling costs"menne the portion of operating fly and backup Emergency Communication System should suppliers Shell hold fee revenues in bust for the City and costs reflecting the benefits estimated to be provided by be allocated among all telephone subscribers because late- shell remit the fee revenues collected to the City Finance Spur often of the City's emergency and Emergency phone subscribers will reap this significant benefit. Department an a monthly basis on or before the last day of Communication System to telephone subscribers who are the following month for which the feels charged,unless such exempted from the tee by Section 3 39 050 or are other. D Every telephone access line can provide independent other date its agreed to In minting between the Finance wise not required to pay any fee imposed by the provisions access 10 111e Emergency Communication System Director and the service suppher of this Chapter Therefore,allocating operating costs on a per line basis fair- ly distributes These costs according to the benefit telephone S The fee Isquired to be collected by service suppliers F."Eligible project costs"means the pattern of project costs subsedbere derive from availability of a modernized under this Chapler shall be added 10 and stated separately reflecting the benefit estimated to be provided by the project Emergency Communication System. as the City of Palm Springs Emergency Response Pee in to telephone subscribers who are required to pay the fee the service supplier's bhlmos Id telephone Subscriber Imposed by the provisions of this Chapter on access lines C.The concentration of a large numbed of access Imes m a and trunk Imes subject to the fee Eligible project costs shall single location tl,m,mshes the marginal benefit of improved C.It the amount paid by a telephone subscriber is less than not include exempt project costs, access provided by each addhipnal access Ilne,mamfore,it the full amount of the charges for telephone served and file is appropriate to place a cap on the number of access lines emergency response fee which have accrued far the billing G "Exempt project coals"means the poton of project costs for account per service location on which the fee is charged. period,a proportionate share of both file charges for fare- reflecting the benefits estimated to be provided by the poll phone service and the fee shall be deemed to have been act Id telephone subscnbers who ale exampled ham lbe fee D Subscribers who mafndain trunk lines derive more benefit, paid, by Section 3.39.050 of tins Chapter fir are otherwise not in terms of access 10 presidency communication service, required to pay any lee imposed by the provisions of this train each telephone line than other subscribers and should D The tee shall be collected in the amount designated In the Chapter pay a higher ter.Based on information from the California Resolution setting the fee Sensstenf with this Chapter and Pub le Utilities Comm ssion and the Federal shall be collected from the first billing cycle of the service IT "Fee"means the Emergency Response Fee imposed Communications Comrrusson,the City Council now fords supplier commencing on or after November 1,2004, under the provisions of[his Chapter that,on average,atrunk line provides 7.5 times more access to the Emergency Communication System than does a sin- E The duty to collect ilia lee froma telephone subscriber I "LileWd service"means discounted telephone service gle access line shall commence with the first balling cycle of the supplier available to eligible low-income Idedenhal customers. commencing an or after November 1,2004 3.39 04D Imposition of Emergency Response Fee F.The service suppler,ai its o don,J."Local telephone service"means access Id a local role. A There is hereby Imposed an Emergency Response Pee p may assess a service phone system,providing two-way telephonic quality comma- on every person wIa maintains access to the Emergency charge of up to one-eighth (1/0) of one percent (19%) of mention with substantially all persons having telephone Sr Communcaton System by subscribing to local telephone Emergency Response Fees actually collected by the sorvice radio telephone stations constituting a part of the local tole- servme within the City of Palm Springs For purposes of this supplied and remitted to the City The II-Clue of,.,ge may be phone system,whether oI not the service uses repercussion Chapter,with respect to mobile telecommunications servm- deducted tram the Emergency Response Fees remitted to wires "Local telephone service"shall not Include laid mobile as,a person Shall be construed to subscdbe to local tole- the City at the time of remission. services or maritime mobile services as defined In Section phone service wtlhm the City of Palm Spungs if he or she 3 3900o Emergency 21 of Title 47 of tire n- e Code of Federal Regulations,as this has a"place or prnuy ns,%u ef s such term Is dined in th . mergene e Communications Emergency Section existed on January 1, 1270, Nofwtlhelanding this Mob,le maran.mmumcetions Sourmno Act, 4 U S C Response exUusan, "local talephon- stirred, shall Include wifeless seS 124(9), wtlhm Iho geagraphac boundaries of ilia Clly p nse FdmTA Establishment of Fund The Emergency Lfacnhono smvllvi 10 tho -n1 dtat mo Emergency —_ __ Communlcahons Emergency Response Fund is hereby m , r,e, m nt�cellurS Ceer dmpla lus ro and combine a pit- - drtabllahed to receive all moans collected pursuant to this _„ Chapter,and any other atones transferred into file fund 39 o' o _ "_ nFv n°- o.v'9j'o m'- - �mi_ = c_ _ - =3fO v33o - - - omo_ - _ - 3i° T"'° ° - �_ - - ems - - n.o° - ° - -�0 55__ - - -_-_- _mw� mpN� mo p=o _3 - �3 - - - c - =c'3°m "3 - - Re 'y_ _ _ n2 3' c3� _ - _ - _ - @3a -c - - _ 03= - - �3o_p _ -° _ :-3n - _ -- - $° ° - -.30a ^�Oo4 `Jm 43� ..�Qn°2° 33.q Go.cT, �a�s m3m _ = mF'm__d➢ - 3�0__ - yGv =_9 - -ry3�m°�c- �'nwv+T�m _c'p - - - _- _n39_c3 - - c.a^oFc gym= 'xQ -�mmm�3'm- 0. -gym _- __y c�� "_ °myo _ _3 __�3�m3�m3�3o_ yp _ _ndz o'^2" c_ aoo- _ _ o3pey_omc - - Ll a='m �� 30➢ P�Z� O m010m -o 0_OI o0� oOs� -c - mo... o- o03 mm-1-) m OLij - ��yy?O� -0 cJ _ ryyj1�N_v3 T - _ 3-az - - _ ym_ m�'�=an _ FOSME— v_O H -- �c.. "O xmo - nD3° �.3 '=_ .a - �3�trn3�_ 11 � o_ RESOLUTION NO. ,,��`�U"7 / r-) OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP NO. 31980 FOR PROPERTY LOCATED AT 1000 E. PALM CANYON DRIVE, IN SECTION 23, TOWNSHIP 4 SOUTH, RANGE 4 EAST WHEREAS, the Planning Commission, at its meeting of April 14, 2004, recommended approval of Tentative Tract Map No. 31980 prepared by Thienes Engineering, Inc., representing NRC-1, LLC, a California limited liability company, for the above described property; and WHEREAS, the City Council at its meeting of April 21, 2004, approved Tentative Tract Map No. 31980 subject to conditions; and WHEREAS, the owner offers for dedication to the City of Palm Springs for public use for street and public utility purposes Lots "B" and "C"; an easement for public utility purposes with the right of ingress and egress for service and emergency vehicles and personnel over Lot "A"; and an easement for pedestrian access purposes over those portions of Lots 1 through 5, 20 and Lot "A". NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: 1. That Final Map No. 31980 is in substantial conformance with approved Tentative Tract Map No. 31980; and 2. That requisite conditions associated with Tentative Tract Map No. 31980 have been satisfied; and 3. That Final Map No. 31980 is in conformance with the General Plan; and 4. That Final Map No. 31980 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the offers of dedication to the public on Final Map No. 31980 shall be accepted by the City Clerk of the City of Palm Springs; and 6. That the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement with the subdivider and to accept subdivision improvement security in conformance with the requirements therein for construction of required public improvements; and 7. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 8. That Final Map No. 31980 is hereby approved for purposes therein defined. ADOPTED this 1'�day of September, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM: City Attorney