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HomeMy WebLinkAbout4/16/2008 - STAFF REPORTS - 2.K. .+.°�F A LM Sp4 .y C u Yn e � 44/F^°111A Citz Council Staff Re ort April 16, 2008 CONSENT CALENDAR Subject: TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30058 WITH K. HOVNANIAN'S FOUR SEASONS PALM SPRINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY K. Hovnanian's Four Seasons Palm Springs, LLC, is requesting a 1-year extension of time for the Subdivision Improvement Agreement (Agreement No. 6080) for Tract Map No. 30058 ("Four Seasons"). 154 homes of this 176 lot single family subdivision have been constructed to date. Due to real estate market conditions, the developer is requesting an extended period of time to complete remaining improvements within the project. Staff recommends a 1 year extension of time be granted. RECOMMENDATION: 1) Approve a one-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement, (Agreement No. 5080) for Tract Map 30058, with K. Hovnanian's Four Seasons Palm Springs, LLC, a California Limited Liability Company. STAFF ANALYSIS: On April 20, 2005, City Council approved a Final Map for Tract No. 30058, a 176 lot single family subdivision, and a corresponding Subdivision Improvement Agreement (Agreement No. 5080), with the developer, K. Hovnanian's Four Seasons Palm Springs, LLC, a California Limited Liability Company. The agreement secures the cost of constructing certain on-site and off-site public improvements necessary for the subdivision. The original expiration date for the agreement was November 10, 2007. However, due to the downward trend in the real estate market, the developer requested and received two administrative time extensions by the City Engineer, extending the expiration of the Subdivision Improvement Agreement to April 16, 2008. The developer has not Item No. L ■ K o City Council Staff Report April 16, 2008 TM30058 Subdivision Improvement Agreement Time Extension completed the improvements required under the Subdivision Improvement Agreement, by the revised expiration date of April 16, 2008. On March 19, 2008 (in response to a letter from the City asking for a time schedule of completion), the City Engineer received a written request from the developer for an additional one-year time extension. Although most off-site improvements have been completed, there remain some items of on-site work that have not been completed. The off-site work to be completed in the future includes the installation of a street light at the main entry into the development on Sunrise Way. The on-site work to be completed in the future includes final asphalt paving of approximately 75% of the on-site streets, final adjustment to grade of approximately 75% of the sewer manholes and water valves, final approval of on-site sewer and water systems, and subdivision monumentation. 154 of the 176 single family residences have been constructed; 7 homes are model homes, 145 homes are currently owner occupied, and the remaining 2 homes are vacant. Only 46 of the 145 owner occupied units have fully paved streets. Typically, construction of homes occurs within the time frame allowed by the Subdivision Improvement Agreement. However, due to the recent downward trend in the real estate market, home construction in the final construction phases has slowed. It is staffs recommendation that a one-year time extension be granted at this time, to allow the developer to complete construction of the project. As a condition of the extension, all of the remaining streets that have not had the top lift of asphalt paving installed, shall be fully paved at this time, except for Suncrest Trail or Lot "V", Blue Mountain Road, and Desert Creek; 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 slow, staff will revisit the issue with the developer for a subsequent time extension for the Subdivision Improvement Agreement, or calling of the bonds to complete the improvements, as appropriate, at that time. FISCAL IMPACT: None �X� (ail >�r David J. Barakian Thomas J ilson Director of Public Works/City Engineer Assistant City Manager David H. Ready, City r Attachments: 1) Vicinity Map 2) Subdivision Improvement Agreement 000003z ,I, PV iH'c CRY OF PfLM 5adlr vj COLNiY OF RfYER31C£STAiE OF CfLIFOFNR 4tS I[�yyl ns Al'/P SpE ruRr IC..ylru rVfl�S IY.EET 5 OF 13 EXEErO »rsXrW Exrp [:p.p.,a,Raq iy TRACT NO. 30058 ipl+pf IS T�y Is/Ea rsR qL yrt ayvaE MEIk3 A 916LWSION OF PMCEL 1 W LOT U4°fLVLVR•IENT Na LLA 2? tc a[.iJ»I*;n3•AL w Iprs 1'[:y31 Y.Nyr.p, MRL 21..L .AS 149i1ryf4ENT NO,I vtl:�[U'.!3 OF GFFICVL AECOFO;14 TTOGME9 an 1prs'p pY'ss[r:n.m r[�n rA�vr3,.l,yS.v[ "i4 AFCHM-4 OF LAT 2 OF TAACf NO 1--. %fA E40'M SY M4 OY FILE IN BOOK It'v Y k+V[E 94 PAGES&AND E5 Ci NAP$ROM RECORDS OF RII"SICE CWNTY. fL R'+16iT. /.rN VI ICE._Iry!@-'lV[i Fw CIFO,IN,, SEEE SYE 2 FOR_ S OF BEAJ�ME RORY a IMLLI AS.L3,E554 DATE OF SURVEY: JULY,2CO3 &;JM STATE .MpRWEN7 M1OM3 [.r r M, ' [avw•;rapr2 uy[Irs f['qrN Tr', H11NSAKER AND ASSOCRTES IRVINE,ING AND 11WNpMY su4vEY ANp GRs eye yq an rw r.Trrt sr'vn>sF.sa +R-slxrinn T.py Rrpuiy.evr na n[i nr a SHEET fN[lEX MAPCDNR1a.MAP, I¢l.al +iral IL wis i lols II ys r•3'1y.0 Ll.s lnylN Intl III Tia M}[ATES 9!fEi NJyB[R F1Lx3VYrt. i,�e.li iq ll;lll, lµ ^ n4[Si[[i %nypy,lL N3[yL aV[:R I..I 129 - Rai -LOT FF 1.8 -LOT T" EASEMENT hOiEB. 9y ran m fw�Ynl r«.�'.c ars I,urc emu..axs RX DT'li� 127 12B 109 3 102[OB i17 Gl8 }58 1M 17 >11 i 180 98 N" 'a IT, 730 VI 92 91 6t gg ••A:s+ ©.wrts.•.uao[.vINlE.v<a ro vr+rt c'[eI¢n4.zs I31 4DT'L LOT VF OESF�i �p s i 93 % B2 �ssa"rrm rvrpEn wr+ e.nan 1prYrsrrsm lrwrs as mis, n r•' 'v' � 69 � !'.. _ O �rts W au e 132 0 124 111 O x58 - y�� 95 86 67 BO RuoN.�°Fa:`::'.�"v'lobs+� m.ss .. �LOT'A' o 1ao �i " „E Y L, l7 - .I uc v..A.m v nr.3ri mrw,.zim Insn 133 123 Q712 �T 157 a 175 O r$°96 p5'9 i0T'9' •03 E [:.,w'zs m R.a<umlr..�n¢s...•.,I n[pIs m An 158 161 A 4 FON9 MORE BLVE1 LOT`D' Qi O-1 Fs aA+tl-,.P.4+L.+[..[n rnw-l>,rw.a[.visyl 114 122 0 174 1n A z F ai va+r nwsz[,r.Imewn 133 � ]:rR�+a+I.me..w.Luss aavn.h'Ral I:e..A •� ©� _z mrwnT;avaw.amm.rsNlR n..R�. 738 721 04 � 155 192 � /� 12 >< fa 9 8 7 8 5 A 3 2 1 LOT P 'w�apc�u rcln N+v.;mwra nmay s+rtic+x:;,y � 79 u _xsaav[rcw emc,xNrsurn uc a ssiuu vm4w 1.rrnra.+r afnewvr Lal:ax 520 754 I of ter..vs n[oan:.E�m,m y.Ny rs.sr.[.ar 196 115 7E3 172 78 -:• LOT 9' R � 11»xi uAi.n*�iv�r i:mz�Rzn's�um is_v°c.R�vnw.nsf _ 137 0 TO 118 `� t33 1B4 .`S 171 R 18 .. w I,n.a[cr_yrnr.y m,Ex v mow�s - fu 76 IQ rr"v'.ssaliv""°io-rlrm:a l'°arnn sues ur NaarN. xs.. 129 7I8 152 7E5 lu RO o 74 •`••m xasr n.Eaa.s..s¢.mr LOT'I' 117 VEC7h17TY MAP ra,E0' F m Tway QE ~O 75 15 slevnnwE oelsslDN$ 139 LOT'%' LOTS- 151 WE T69 74 18 ¢ 3 17 0.0.a+r rp M PCISV6P SGru'F,%I.Y'Y.r6 HIl�TeSx xW 167 IR9 w Lni SarM1oi.ic:Fuccr:<NLSSUYTi NY,V1.nn [d4 149 ISD 61 72 18 ' Inris�wa Ra nae.nw N�vlsrs al..PlY xs*II cw.El.-a i49 id7 148 +v oyunn n vxs rx x n v!¢t 4I uc<r ua 141 1 LOi'N'� B2 T7 0 19 y ~•:` IJ .aaru:zp3snn 41 �I npimYercar>Iw. as usvvre..ms. >c 50 51 80 j 53 LOT "' 2U �y` rRom ml Av,3rnn rv ,fA nuxswexnrs No nsmru 142 42 W r 21 f +n�ss Nrxmlercza.lm+m.a nw<n ryyu sy 43 f - ff(lII W qkJ++¢NYJ P S'n4 .y1 si.15 LL 22 Ar FwYY.FI rx rwx.A.+a31IR nE.;�x raml vsarra lt 3 C4 �Dg 53 E9 � 85 70 u• m.�wu.rtvm n L u•x uNr,.'-"[3le's v 47 � 5d 57 � BB E9 �S 23• 1.rR�nIRE} o F3vn.+�a nuss'nY•m:[E aylrnr.Elw>oarslo 144 45 45 59 68 87 € Ad 24 ,• F llCllra£+C MMSIRI up n7p Ly npa:45 MFarJIn CW bflll Z ` ¢Elora:G+ura Rmav mxEu I;Im rs r_..a.[.a LOT'15" :OLWA �LOS V a 7RA1L LOST 25 ril vonaN Rosa ra N Rsrxsw w.nr.,s esn m u GRAPHIC SCALE x ov..rn RrnaNal._.�s re oa c Fue>ova err nUAO ARH ip1 V nSRxprny,E15-Y!MI n ffL4 145 40 39 39 37 3B 35 A9 3{ 'u3 32 31 :b 23 28 LOT R r.m+fw•.,.x.arAv xcrswrswlR ws«Nn.wv 27 28 M, I VmmAY 3]HrpX•l:L.]A.YF!'IYirs_ rwyiR) •1 u Il" - r.�a. In .[ +fpe e.-;raym Dlra'x vnT srsx s.•o w.x•rm 'SLUE NIONNiAIN RORI] SRlK ltil nGA+y pSY.;i NfA'!A V GU!]lf'41ET W�>� x.palrr@we.•u+.n ssnmfarral umaA=[m�s (f,1Q duj-L��7 A:rdel4lr Q c�-0 =HOMES WITH CIATIff CATE OF OCcunaNCY - — ---- - - =FuI-LY PAVED S-MEET " SAcD ��E ACEAIT TowN� oc HOMES HOTE9: KT CNY OF F{LN SMNG9,COL,ry OF IIW"SILt STATE OF dU'OIIYIA 9V=_Ei 5 OF,]ryE£f9 leRr 6q 1,14rRpyrrugrR3mrr�Rs-:�i TRACT IV IX,n,flxWIXare�rarrz ®. 30058 r r Rr a Rruez R.rp tt[pr 9rt RnR] 9EIN3 R SL9pNE lers'�vu�q•,x]va,L 0 U,3 AS &TpIpEEL[OF LOT LING{ppFy OV a LL{L4„gELC en}.xft 1T1� xrrl T rg:xaeYi MF.A .Mr V,OF LOTT2 OF T T Or p]b.3 1 An IOFlN N pWI ON TOiEIHErt s_ayi "p r2trw<K WTH A FCIITU MY .5 0, ,,n,,. . I'll AS II ISH 3Y H ON ME N 900K R35,PAGES A.I AlL e5 pF MAF�5pll pECOF09 OF PryE1191]E LYIIlTY,(:AIIFOF.YU wR S'Y.'C L v ut mrarr,y2IX lu F.uS flw uru¢L RORY&'NILLIAMSa LS.8654 DATE OF SURVEY: DULY,26p3 SEESVAMM_ET 2 F MhalHIAY.SrvT gOryFDE9 w v,mis v nee w'Y rflasc+n mis'u r.nr a' HVNLAKER AND ASaC Lk,,ES IRVIRE INC. MO MOUNDABY SGRyrY AND GM xa se .z ra rvaz a z�a ur lnn wxacst.rn.x ,ys aw,-rr r,x n_ SHEET fBlDEX MAP CONTA"m Fzv,r L en a xvmm wa.:rors irn; ,ei'Iz siIIII I,x e¢we. sun r;niw.[+•,,ors i»rr y',xv k t 9 EAs=MENi Notes: 129 -LOT F ? 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M 116 152 Ids0119 ROLOT 7 •" - � 7- fa sGN{nlP=auls9 139 f LOT'K L 0 T Vr 151 VA 14Q ' 74 A V7C1NfTY MAP _ IDNs 2 73 x p cr r urns e--'mLi�r ors.w..:ul'q r sc sa.,sa.o S37 18B s C o.rtx I.v�xr s;sers r:.'r°irr c'�o:°'r'flsw 140 L US 147 146 149 lw 72 18 61 A +, rm,ry r.�rosm r¢r<r>vrsa v r.mw:xs.r rn tdl LOT'lr- 62 71 G 13 ¢ s ry nrressx n.vs xmr-.xa-a.+�v taro-,. •� {� 50 a 51 60 j 63r �ReAam ryl sai�r v,.a.s os�zwil iu nr:s serv.rags rae, LOT G 20 �I W �Erv.,aassx•.,ravarn.ecs.�me.r,.n.�-x 42 49 52 39 x rrmssml xFn mgar.x >x x•x u q3 w. rw]mscvmuA Ru-w', 143 48 �d 83 59 LpJ 85 70 22 /G ul c.¢.or rye ftrx ue srsavr r»nxs n r{m z>wra... 44 w-za"�x�exmftrs..m+:n s.iy.s nsR.sr xx rxy v 47 IA 5q 51 88 89 23 x pxr rwlrAtl ivavxrrw nspeL•.a.:nF Fur men.wax..,m 145 <5 48 55 86 87 86 2{ •^ A +aer r v]mrxs rr¢m xa FxavlR R455 x nra v raxpxA z sau xr .mwrL�raruu:s}mc.n issx um,va.,a LOi'6' S01ANA 5 LOT V BAIL LOTT 25 gaze v xno.e.r�;xnrtxsrn s-nsrsr r.s w>a•.a m � GRAPHIC SCALE x�mr..n zaaarrc msr v x on m rw v-va n x� ft[]IL,mI>y]]];Y e3m.,E,r.]S"]]ES•P�Cr, U.S. 46 39 28 31 SB 25 17B 3; 33 32 3I 30 29 28 27 2B LOT H a rtrl.p.3 At6�pyn qx M-xY[,r4 SaaY5x ra.Ra 59_y rAla!]i ErC Y x)nIF,].c_ fZ']G••1']V mFI9E�1 r.T N]G]fp flnl4 5/{af Sra aS x•O,tlr�x.arp. aR r_..a , wl W n �s v ale rxxssx nmv mcau ruGr xxs: BIU i.7MN1.Vlti R00.9 ..mxo w+,A isrv„rm>mrna_nil v¢cat r.Iva :]r R[:li3p Wf , pC,:p CD R a DOC r-t 200S-034Mza4 0412MI2005 00:0014 Fee:NC Page I of 31 Recorded Jn offiolal Records • county ountyy of �I�� II11Ic RECORPINEFp �PRClYOA JNGS Asscs�or, County Clerk 1111 {II1II11I1ll AND WHEN RECORDED MAX TO: City of Palm Springs 5 U PAGE 51= on PCOR No m3c P. O. Box 2743 j y Palm Springs, CA 92263 n F Attw City Clerk SPACE ABOVE FOR RECORDER DN4Y Filing Fee EXEMPT per GOveminent Code 0103 TP A5080 Subdivision Improvement Agreement K HOVNANIAN'S FOUR SEASONS AT PALM SPRINGS LLC Title or Docurnent K Hovnanian's Four Seasons at Palm Springs, LLC Subdivision ImprwementAgr AGREEMENT#5080 Res 21246, 4-20-05 THIS AREA FOR REORDERS' USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3-0(3 Addibonal Re rding Fw Applle ) N:5R5ER�GCLK\RENRDERlRCCaRD.R[�,doc Q6Q��5 fi n� C a���•IW; 4y�tf��• SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and K HOVNANIAMS FOUR SEASONS AT PALM SPRINGS, LLC A CALIFORNIA LIMITED LIABILITY COMPANY IIII 11II llll ���I 1 111111111111 Hill 11 f11104 2 0£3ese�Fl TABLE OF CONTENTS 1.Construc6on Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1,1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 12 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1-3 Intent of Plans - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . 2 1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . 2 1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 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 Perlormance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a 2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.6 Time of the Essence . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3- Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . 6 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 5 4.2 Farm of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.5 Release of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5. Cost of Construction and Provision of Inspection Service . . . . . . . . . . . . . . . 7 5.1 Subdivider Responsible for All Related Costs of Construction - . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5.2 Payment to City for Cost of Related Inspection and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6. Acceptance of Offers of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Ill I II II till III III III I III 111111111 III Fh 29 3�O£ 8-ODA U D V 7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.1 Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9. Indemnity . . . . . . . . . . . . . . . . . . . 0 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10-1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11. Corporate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 IIIIIIIIIIIII IIII�� IIIIIIIIIIIII IlIIIIIIII� III 0 290-0 8V2 03538.ODA SUBDIVISION IMPROVEMENT AGREEMENT THfS SUBDIVISION IMPROVEMENT AGREEMENT(this "Agreement") is entered into this �011, day of HOC `•, 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California("CITY").and K. HOVNANIAN'S FOUR SEASONS PALM SPRINGS, L.LC, 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, 30058, 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 an easement for public sewer and public utility purposes, with the right of ingress and egress for service and emergency vehicles and personnel over Lots"N", '0", "R", "S", "T", "U", "V", "W", "X", "Y", "z", "AA", "Ba% "CC", "DO'. "EE", and "FF"; and an easement for public utility purposes over Lots "J", "K", "L", and "M"; and City desires to accept said dedications and to accept certain other improvements as 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 public dedications and other improvements, as described in this Agreement, are a material consideration to City in approving the parcel 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 Obliqations. 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 $4,584.000.00. 1.2 Other Obligations Referenced in Conditions of Tentative Man 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. +I I I 1111111111111111111111111 1 '�III I�I�II III��I�I lIII I��! na zs�5o 5 S8I09R 0909291 1.3 Intent of Plans. The intent of the Plans referenced in Section I A 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 Engineerfor 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 sunray monuments) 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 Cityof Palm Springs written notice or 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 or 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. 1.8 No Warrantv 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'Is contractor. oa.p di? �4 �� 0 0 0 0' 0 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 intont of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time betore acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have notpreviously been inspected.Alter examination,the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted- 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of 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 str4Ctures 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 inspectorto 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(1)commence with Iconstruction andl+ installation of the Works of Improvement thtt ��IllIIIIIIIIIIIIIIIII IIIIIIIII�II�II�IIiIIIIIIIIIIII [+a 29 260 B08 Don r r� 30 days following City's approval of the Plans("Commencement Date");and(ii)complele or cause to be completed all of the Works of Improvement two (2) years after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion or 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 satisfysuch phasing requirements,as the same nowexist 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 or building permits have been satisfied. Such requirements may include the Payment of fees,construction of improvements,or bath. 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 Properly 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 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. Z5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdividers failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-5649920-3/4. 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 ail of its obligations under this Agreement, I �!� II�II�II1111 VIE111111111111111111111111111 94 2petl eF gRsF�R rr nn p 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 forthe type of work being performed. 3.4 Worker's Compensation, Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Secunt . 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 sale 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$4,584,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (1i) 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$2,292,000.00 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$53, 225.00 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 fare period of one(1)yearfollowing said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of$687,600.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer- IIIIII Illllll II IIII III II I l�lll ll Ill I ll I III 04 29 $ 9Q f Fla +FR 4,2 Forrn 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 fallowing 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 cun-ent edition of Best's Key Rating Guide published by A.M. Bests 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 inslitution with offices in the State of California acceptable to City. Any such fetter of credit shall specifically permit Cily to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)days prior to the dale 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 may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's liability. While no action of Subdivider shall be required in order for City to realize on its securlly under any Security Instrument, Subdivider agrees to cooperate with City to facilitate Cilys 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. mu �11 lull it 1111 94 2'3�, @ op 3�Cap � -- - - - - - - - --- Q��D14 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 orto hold such funds in an account underthe control of the City,with no interest accruing thereon for the benefit of the Subdivider. Ir 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 accountto 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 Securitv 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; (11) the Works of Improvement have been accepted, (Ni) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3(commencing with Section 3114)of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If Lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service_ 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement,such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineerinq 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 1 llllllllllllllllll1111lllllllllllllllll111111111111111109 29� oo4es,Pop °� y' 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 accepling 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 afterwritten 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 worl< which may be damaged or displaoed in se 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 or, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Riqhl 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 Attorneys Fees and Casts. In the event that Subdivider fails to perform any obligation under this Agreement,Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorneys fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs.Such 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 juldgment.1 I I I��III IIIIlII�I�I IIII�IIIII 11111 all III to1111111 04 29�1Y�0 fB 3$D�7R 9. )ndemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage,economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10-1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereor, 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. CorporateAuthority- 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,(lii)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) �IIIIIIIIIII IIII II Elll111111111111111lll IN n ,zs�13oQC 3 Can 1 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, Ci Clerk David H. Ready, City arr RECOMMENDED BY: APR ]ti S?r T C3 F©I'f�Ur, or s;y David Barakian, City Engineer City ml: naYE: � " SUBDIVIDER: .�.�.._ K. HOVNANIAN'S FOUR SEASONS PALM SPRINGS, LLC, a California Limited Liability Company (Check One: individual, partnership. corporation) // APPROVED BYCR1 COUNCIL / By: 4�i ignature JAPES PIKH AND,VICE FK80EW By: K.NWN/NL4NR�C'C�,4.,.',�A,MEE OF CAUFORMA,INC. AVrHONIZEpYC1ENT- and Title Mailing Address: 2495 Campus Drive Irvine, CA 92612 1 ll� I III�I�I III III II�I�I I��II IIIIII IIV II�II1 Ifl I�I c995-a311�84 ©ares,2eta5 es eon ALL-PURPOSE ACKNOWLEDGM1NT S["dl'e of 1 }1.1v�;yi rll(:t CAPACITY CLAIMED BY SIGNER couuty of [Va'r1Y-e- ❑ iNDiVIDUAL(S) C] f r d CORPORATE QoA0,i1%a y,i 11?.r F'us before me,�IJ1'�9_J!_10 [ . I^�Vi Gtv%1 �1. �PaL&o ��c(1 je6 , OFrrCFR(s) Dille ' N me,Title of Office ° TITLE(S) personally appeared ❑ PARTNER(S) NAME(S)OP SIGNLk(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑pesonally knnwa to me•OR- n SUBSCRIBING WI TNGSS ❑ GUARDIAN/CONSERVATOR q proved to me on the basis of satisfactory evidence to be dtu pcnaons(tt whose nnmr_�I) isime ❑ OTTiFR subecnbW to the widen instn"mPnt and ackmawledged to me that he/she/they executed the same m his/her-/tlteir authorized capacity(ie5), and that by luslbexdtlinr siguawre(i-q on the instrument the pet%m(s)'ar the entity upon behalf of w)liLh(hc pusens(o acted,executed the insbwnent. Ojftiess __ SIGNER IS REPRESENTING: lay hand and pfTcial seal. j. _` - IC L FJRAH[°�IP LEd,'Ci�: � a 2�'`�'J4�11 :If7w1y F'uralif:-G1LfeNi] Stgnatuee Hof Nolazy et? nos cmur4y 1( e rl l'V(;cmm.E_'�ii�,.rr"at r5.�i3•.'.5��� ATTENTION NOTARYr Alehough die Wormatlon requested below is OPTIONAL, it could pruvcnt famtdalunt mtachmenr of this certificate to unauthorized d=rmcm. TIRS CERTIFICATE Tide or Type of Document MUST BE ATTACKED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DFSCRMBD AT RIGRI': Signer(s)Other Than Named Above �I I I I �II�f �I fh I II II II II I��II II 04,12V2 20 05 Gi 0@8 EXHIBIT "A" TRACT MAP 30058 LEGAL DESCRIPTION Tract Map No. 30058, as recorded in Map Book_, Pages through inclusive, records of Riverside County, California. IIIIIIIIIIEI19INIIIIIIINIIIIIIIIII1IIIIIIIIII o zs�� £033�0R Resolution 20935 k } Page 7 EXHIBIT ID CASE 5-D889-PD-2Gg PRELIMINARY PLANNED DEVELOPMENT DISTRICT(PD#269) TENTATIVE TRACT MAP 30058 3801 SUNRISE WAY NORTH K HOVNANIAN, FOUR SEASONS REVISED CONDITIONS OF APPROVAL MAY 19,2004 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning,the Chief of Police,the Fire Chief or their designee,depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall he in a form approved by the City Attorney. PLANNING DEPARTMENT: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Ccde, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations- la- The owner Shall defend, Indemnify, and hold harmless the City of Palm Springs, its agent,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 5-0889-PD 269 and TTM 30058.The City of Palm Springs will promptly notify the applicant of any such claim,acton,or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matlerand pay the City's associated legal costs orwill advance funds topay ford efens-0 a ' of the matter by the City Attorney. IftheCityofPaim Springs fails to promptly notifythe NAM 8 o applicant of any such claim, action or proceeding or falls to cooperate fully in the g w defense,the applicant shall not,thereafter,be responsible to defend,indemnify,or hold d harmless the Clty of Palm Springs. Notwithstanding the foregoing,the City retains the rightto settle orabandon the matterwithout the applicants consentbut should itdo so, the Cify shall waive rurfher indemnification hereunder, except, the City's decision to settle or abandon a matterfollowing an adverse judgment orfallure to appeal,shall not cause a waiver or the indemnification rights herein. '~ 2, Thatthe propertyowner(s)and successors and assignees in interestshall maintain and repair Vie Improvements including and without limitation sidewalks, bikeways,parking areas, landscape, irrigation, lighting, signs,walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition,free from waste and debris,and in accordance with ' all applicable law,rules,ordinances and regulations ofallfederal,state,and local bodies and agencies having jurisdiction at the property owner's sale expense. This condition shall be Included in the recorded covenant ngreementfor the property if required by the Resolution 209356` Page 8 1 City. S. if,wilhin two(2)years after the date of approval by the city councif of the preliminary development plan,the final development plan,as indicated In Section 94.03.00(1),has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and void and the planned development district shelf expire. Extensions of time may be allowed for good cause. The final development plans shall be submitted in accordance with Section 9403,00 of the Zoning Ordinance. rinal construction plans shall include site plans, building elevations,odor plans,roof plans,fence and wall plans,entry plans, landscape plans, irngatiion plans, exterior lighting plans, sign program, site cross sections, property development standards, street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval. 4. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Building forapproval in aform to be approved byfhe Ci(yAttomey,to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City,shall not be amended without City approval, shall require maintenance of all property In a good condt@on and In accordance with all ordinances.The applicant shall submit to[he Ci[y of Palm Springs,a deposit In the amount of$5,000 forfhe review of the CC&R's by the City Attorney. 5. The project shall be developed in two phases. A. Phase I shall Include completion of the specific requirements of the subdivision including all street improvements, and all off-situ improvements. These improvement shall include improvements of Sunrise Way. 6. Phase 2 shall Include the residences and on site amenities, including tot lots, pools spas and other passive and active recreation areas.Phasing ofamenilies shall be concurrent with construction of adjacent residential units. Phase 2 includes site plans, roof plans, floor plans, exterior building elevations, landscape plans(front yards only), irrigation plans exterior lighting plans,etc., for ail single family residences. 6. Final landscaping,irrigation,exterior lighting,and fencing plans for each phase shall be submitted for approval by the Planning Commission(see Condition#3 above)prior to issuance of a bullding permit/construction permits.Landscapo plans shall be approved by the Riverside County Agricultural Commissioners Office prior to submittal. A substantial windbreak shall be provided in the rear yards along the northern project perimeters, using trees and shrubs. The windbreak shall be installed as residential phases are developed, 7. The projectis subject toll7eCityof Palm Springs WaterEfficisnt Landscape Ordinance. ' The applicant shall submitan application for Final Landscape bacumentPackagetothe Director of Planning and Building for review and approval prior to the issuance of a building permit- Refer to Chapter 8.60 of the Municipal Code for specific req uirements. 2 W5-@NlPN /V"k/7Z� IIIII IIIIIII IIII IIII IIlIII ll ll lull If l llllll111 till 29f t9tlof 31Fpfl 600322 S. All piuposedbreeswithin the NWicright-of-wayandwithin 10 feet of the public sidewalk , and/or curb shall have City approved deep root barriers installed per City of palm Springs Engineering specifications. 9_ All roof mounted mechanical equipment shall be screened from all passible vantage points both existing and future per Section 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 10. No exterior down spouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 11. The design,height,texture and colorof building(s),fences and walls shall be submitted for review and approval prior to issuance of building permits. 12. The street address numbering/lettering shall not exceed eight inches in height. 13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21,00, Outdoor Lighting Standards,shall be submitted for review and approval by the ptreotor of Planning & Building prior to the issuance of building permits. Manufacturer's cut , sheets of all exterior lighting shall be submitted to and approved by the Director of Planning and Building pnorto issuance of a building permit. If lights are proposed to be mounted on buildings, down-frghis shall be utilized. 14. The detention basins shall be fully landscaped and designed to provide passive recreation opportunities,to the extent passible. 15. Plans meeting City standards for approval on the proposed trash and recyclable materials enclosure shall be submitted prior to issuance of building permit.For single family residences,cans must be located with 50'of the street. For the common areas, trash enclosures shall be required in each recreation area. 16. Details of poolfencing(materials and color)and equipment area shall be submitted with final landscape plan, 17. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces,the main entrance to the proposed pool structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accosslbility to the building due to the future grading plans forthe property. 18. Common areas pool hours shall be closed between the hours of'10 pm to 7 am. 19. The maximum building height shall be 24'.A maximum of 25%of the units(44)may be two-story.The windows of the second story units shall be oriented awayfrom the living space of adjoining areas.Two-story units shall be located a minimum of 200'from the 170 2A0:-0341284 IIIIIiIIII111111IIII11111111111111111 1II1I1I III 04 J23/20 C 031EEfl • Resolution 20935 Page 10 project perimeter,and arc prohibited on the following lots:#f-9, 11-23, aM0,69-70, 81 82,96,113 114, 126-146,and 154-168, 170-175.This condition shall be added as a note on the Final Map. 20, The entry plan forthe project entryshall be,relined to provide adequate improvements and provide addlanal wall, gate, lighting and landscape details as part of the Final Planned Development plans. 21. Front yards shall he fully landscaped,with a minimum ofthree trees,prier to issuance of a certificate of occupancy.The developer shall be responsible for completed front yard landscape, irrigation and exterior lighting plans. In addition,rear and side yards shall be landscaped within g0 days of occupancy per the CC&R's. The HOA will be responsible for enforcement of this requirement 22_ The project entry shall incorporate decorative slreel, landscape and safety lighting. Decorate lighting at entries shall he pedestrian scale. 23. Project setbacks shall be as follows: Front yard setback- 5'for side entry garages and residence; 20'for front loaded garages; Side yard setback- 5;and Rear yard setback- X. 24. The minimum house size shall be 1,650 square feet,with a mix of housing sizes up to 2,700square feet Largerresidenccs may be permitted as long as the building footprint is consistent With setback and lotcoveragc requirements.The maximum lot coverage shell be 45%of the net lot area. 25. AI proposed single family residences shall be submitted for Planning Commission approval,subject to Condition#3.A fee to$225 per typical model shall be paid upon submission of final development plans, 26. The Developer shall construct a minimurn six foot tall,decorative block wall around the entire projec(as par(of Phase 1_Wlcere necessary,the use of a retaining wall may be required. Final wall plans shall be required as part of the Final Development Plans.All walls shall be decorative.Perimeter walls along sunrise Way may be constructed on a berm a maximum of onefool(1)high and shall be sixfeot(6)in height.Walls along the north perimeter of the site with a maximum height of seven feet(7'-6") shall be permitted. 27. Front, rear and side yards shall be landscaped prior to issuance of the certificate of occupancy. 28. Priorto issuance ale Ouilding permit,the applicant shall pay developer fees to the Palm ' Springs Unified School District pursuant to the requirements established in S1350.The amount of fees paid will be determined based on the established state formula for determining construction costs, I aL III II II IIII II II!I li t IIII I IIIII I III sm 2sP2 oofeo9�oR ■ 29. In accordance with Public Resource Code 6097. 94, if human remains are found, the Riverside County Coroner must be notified within 24 hours of the discovery. If the Coroner determines that the remains are net recent, the coroner will notify lfle Native American Hentage Commission in Sacramentto determine the most likelydescendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. 30. A Riverside County-certified archeologist shall be retained to attend pre-grade meetings. The archeologist will carefully inspect the area to assess the potential for significant prehistoric or historic remains. If a site is uncovered, than a subsurface investigation may be needed if the sit&is determined unique/important for its prehistoric information. 31. During construction activities,the archeologistshall have the opportunity to temporarily divert of directearth moving to allow time to evaluate any exposed prehistoric orhistoric material.Any recovered prehistoric or historic artifacts shall b offered,on a first right-of- refusal basis,to a repositorywhh a retrievable collection system and an educatlonal and research Interest In the materials such as the Western Center for Archeology and Paleontology(UCR) MITIGATION MEASURES 32. Cut and fill quantities will be balanced onsite. 33. Any construction equipment using direct internal combustion engines shall use a diesel fuel with a maximum of 0.05 percent sulfur and a four-degree retard. 34. Construction operations affecting offsite roadways shall be scheduled by implementing traffic hours and shall minimize obstruction of through4raffic lanes, 35. The use of energy efficient street lighting(high pressure sodium vapor lights)shall be considered onsite to reduce emissions at the power plant serving the site. 36, Remove sand and repair any damages to surrounding properties caused by sand and wind erosion. 37. All construction vehicles or equipment,fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with property operating and maintained mufflers, This requirement shall be shall be included on the contractor specifications and shall be verified by the Director of Planning and Zoning. 38. Stockpiling andfor vehicle staging areas shall be located onsite and as far as practical ' from sensitive noise receptors, i.e., residentiat areas. This requirement shall be shall be included on the contractor specifications and shall be verified bythe Building dffciai. I I111111111111111111111111111111111111111111111111111111 �@�� zi' 3g BUILDING 39, Prior to any construction on-site, all appropriate permits must be. secured. All Construction shall comply with Tille,24 of the California Administrative Code. 40. outdoor construction activities shall not take place between the house of 7:00 pm and 7:00 am on weekdays,between the house of 5:0D pm and 8:00 am on Saturdays prat any time on Sundays oron a Federal hollday.Time restrictions shall be included In the contractor specifications and shall be verified by the Director of Building and Safety_ 41. Proposed structural designs shall complywith provisions of the current Uniform Building Code and seismic design criteria of the Structural Engineers Association of California, Compliance with these criteria will be verified bythe Director of Building and Safe prior to the issuance of building permits. FIRE 42, Comments Will be provided during plan check process. Fire sprinklers shall be required in all structures.The secondary emergency access shall he accessible by Knox box_ ENGINEERING The Engineering Division recommends that if this application is approved, such approval is suGjecf 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 fie satisfaction of the City Engineer. 43_ A I_ot Line Adjustment between APN 669-500-001 and 669-500-025 shall be recorded prior to City Council approval of a final map. 44. A Lot Line Adjustment between APN 669500-025,026 and 027 shall be recorded prior to City Council approval of a final map. 45. A Lot Line Adjustment between APN 669-5D0-024 and 025 shall be recorded prior to City Council approval of a final map, STREETS 46- Dedicate an easement for sewer and public utility purposes with right of ingress and egress over Streets °A" through W" Inclusive, and the northerly extension of Blue Mountain Road Identified as"Secondary Fire Access". The easements shall be the width of the travel wayfrom back of curb to backof cub.The Cltyshall be providedwith a key andfor card for access to the development for sewer maintenance purposes. 47. Dedicate an easement,25 reetwlde,for sewerpurposes within Lot"E'adjacent to the easterly line of Lot 32. ICIA90 Ill 1111llllllIIIIIIIIIIIIIIII III llllllllllllll11 s EV o of'o3�e81 Page 13 48, 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. Minimum submittal shall include the following, A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses,covenants,reimbursement agreements,etc.required by these conditions. SUNRISE WAY NORTH 49. The W"Street main entrance to the project shall match centerlines with the proposed entrance to Tract 30054 on the east side of Sunrise Way North. 50. Dedicate a 20 feetwide sidewalk/bikepath easement along the entire projectfrentage. 51. Any improvements within the street right-of-way require a City of Palm Springs ' Encroachment PermiE Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 52. Construct an a inch curb and gutter, 43 feet EAST of centerline along the entire frontage,with a 35 feet radius curb return and spandrel at each side of the "M"Street main entryto the subject properly per City of Palm Springs Standard Drawing No.200 and 206. 53, Consttuctan8feetwide cross gut#erattheinterseclionof SUNRISE WAYNORTHand MAIN ENTRY with a flow line parallel with and 43 feet IF-AST of the centerline of SUNRISE WAY NORTH in accordance with City of Palm Springs Standard Drawing Nos. 206 and 207. 54. Construct a 10 feet wide meandering combination sidewalk and bicycle path along the entire SUNRISE WAY NORTH frontage.The construction shall bewith❑olored Portland Cement concrete.The adrnrxture shall be Palm Springs Tan,DeseriSand,orapproved equal color by the Engineering Division,The concrete shall receive a broom finish. 55. Construct a curb ramp meeting current California State Accessibility standards at each side of the "M" Street main entry.of the subject property, per City of Palm Springs Standard Drawing Nos.212 and 212A. 56. A temporary cul-de-sac shall be constructed approximately 300 feet north of the"M" Streetmain entrycenterline in accordancewith Cityof Palm Springs Standard Dwg.No. 101, I IlllllllllllllIIIIIIIIIIIIIIIlII!IIIIIIIIIIIIlIIIIlIIII 04 29 05FA gkYBR °®� Resolution 20935 Page 14 57. Construct a 14 fast wide landscaped, raised median island as specified by the Clry Enginearfrom the south propertyline at Sunrise Way North to north terminus of Sunrise Way North. Provide left and right turn pockets, as required, at all intersections. The length of the) turn pockets shall be designed in accordance with Caltrans Highway Design Manual Sec.405and be approved bythe City Engineer.(Developershall annex the medlen islands if a city-wide district Is formed or available for maintenance of the future landscaped median islands and pay all associated fear prior to issuance of the grading or building permit)_ 58. Construct a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to proposed median curb or centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No.110 and 345.The pavement section shall be designed,using";"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 50 FEET WIDE UNNAMED PUBLIC RIGHT-OF-WRY 59. Davelopershall applyforthe vacation of the 50 feet wide right-cf-way from the west side of Sunrise Way North to the west property line of the Desert Water Agency well site (APN 669 500-024), adjacent to the north property line of the subject property. Developershall be responsible forfinal resolution of all utilities,demoBtion of all exsting Improvements, reconstruction of affected intersecting streets and coordination of improvements with adjacent property owners,if applicable,for the street vacation.All agreements and improvement plans relative to the above mentioned items shall be approved by the City Engineer prior to the submittal of the street improvement plans. Developershall provide Desert WaterAgencywith an easementforingress and egress from the well site(APN 609-500-024)to Sunrise Way,through "W Street,including dedication of easements to Desert Water Agency for rofocation of existing domestic water utilhles relocated within the project ON-SITE STREETS(Private) 60. The gated entry at the east end of"M"Street shall be constructed as shown on the detail approved by die Fire Department on Aug. 13,2001, on file in the Public Works and Engineering Deparhnent. 61. All median islands within"M'Street shall be landscaped as required and approved by the Planning Department. 62. Construct a 6 inch curb and gutter,20 feat on both sides of centerline along the"M" Street frontage from the gated entry to the"J"Street intersection, with 25 feet radius curb returns and spandrels at intersecting on-site streets, per City of Palm Springs Standard Drawing No.200 and 206, 63. Construct a 6 inch curb and gutter, 18 feet on both aides of centerline along all other street frontages,with 25 feet radius curb returns and spandrels at Intersecting(?n-site streets, per City of Palm Springs Standard Drawing No.200 and 206_ II (IIIII IIIIIIIII IIII I IIII IIII III III 14)KL, 904z��a 25 of 31 0a 64. Construct 6 feet wide cross gutters at all Intersections(where required)with a flow line ' parallelwlth and 18feetfrom the centerline of the intersecting street,in accordance with City of Palm Springs Standard Drawing Nos. 200 and 206. 65. Construct a minimum 5 feet wide sidewalk behind the curb along both sides of on-site street frontages in accordance with City of Palm Springs Standard Drawing No. 210. fib. Construct curb ramps meeting current California State Accessibility standards at all intersections, per City of Palm Springs Standard Drawing No. 212 and 212A. 67, Construct mid-block Type B curb ramps per City of Palm Springs Standard Drawing No.213 and 212A,or locate driveway approaches across from curb ramps at Streets "U, "Dn, W', W, and "t," to provide access to sidewalks on opposite sides of the streets. 68. Construct a minimum pavement section of 3 Inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to edge of proposed gutter (excluding the median island)along the"M"Street frontage from Sunrise Way North to the"J" Street intersection. The pavement section shall be designed using"IT' values provided by a licensed Soils Engineer and submitted to the City Engineer for approval. 69. Construct a minimum pavement sectlonof2-1l2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction,OR equal,from edge of proposed gutlerto edge of proposed gutteralong all on-site street frontages in accordance with City of Palm Springs Standard Drawing No. 110 and 300.The pavement section shall be designed using"R"values provided by a licensed Soils Engineer and submitted to the City Engineer for approval. 70. The following traffic calming devices shall be incorporated into the on-site streets; Narrowed pavement `chokers' shall be provided on "B" Street between "A" and "C" Streets and between"D"and OF Streets, as approved by the City Engineer. Chokers shall be designed with a transition using 25 feet reverse curves and a 50 to 100 feet long,24 feet wide(12 feet each side of centerline)narrowed travel way.The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. A traffic circle shall be provided at the intersection of"A" and "1" Streets and at the intersection of"I", "J", and "M" Streets. The traffic circle shall be designed using a 27 feet radius island and a 20 feetwide travel way around the traffic circle.The travel way throughout the traffic circle shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. The traffic circle shall be fully landscaped as required and approved by the Planning Department. ' 71. All on-she cul-de-sacs shall be designed with a minimum curb radius of 43 feet. j4pl-513 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1811111IIIIIII aa�a0zaf9:MR 00a523 Resolution 20935 Page 16 72. Street knucldes shall be designed in ncrordance with City of Patin Springs Standard pwg. No,104. 73. All driveway approaches shall be constructed in accordance with Cify of palm Springs Standard Drawing No.201. SANITARY SEWER 74, Connect all sanitary facilities to the City sower system,Lateral shall not be connected at manhole. 75, Developer shall construct 8 inch sewer mains within all on-site streets and connect to the existing 10"sewer main at the north end of Blue Mountain Road and to the existing 8" sewer main at the northeast comer of the SanLago Mobile Home Park- The Developer shall extend the existing 10"sewer main within Sunrise Way to the northerly property line of V Y--supject property and connect to the proposed 8"sewer main at the "M"Street main entry. 76. Alf sewer mains constructed by the developer and to became part of the City sewer system shall be televised by the developer prior to acceptance Of said lines. 77. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Dlvision The plan(s) shall be approved by the City Engineer prior to issuance of any grading or twlding permits. ,Minimum submittal shell include the following: A. Copy of signed Conditions of Approval from Planning Department. B, Proof of processing dedications of right-of-way, easements, encroachment agreementsAicenses,covenants,reimbursementagreernents,etc.required by these conditions. GRADING 78. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineerwith the first submittal of the Grading Plan. 79. Prior to issuance of a grading permit, the project shall pay mitigation files for the Coachella Valley Fringe Toed Lizard In the amount of$600 per acre.The payment shall be made and verified by the Director of Planning and Zoning prior to issuance of a grading permit. 80. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Department for plan check- Grading plan shall be submitted to the Planning Department for approval to submit for plan-check priorto submittal to the Engineering II II IIIIIII111111111111111111111IIIIIII IIII 90 5W090a2sS&�P 0 OrRa2 0 Resolution 20935 Page 17 Department.A PM 10(dust control)Plan shall be submitted to and approved by Building Department prior to approval of the grading plan.The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the fallowing: Ar Planning Department approval to submit for plan-check. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D, Copy of Title Report prepared/updated wiUri past 3 months- E. Copy of Soils Report, F. Copy of Hydrology Study/Report. 81. Drainage swales shall be provided adjacent to all curbs and sidewalks-V wide and 6" deep-to keep nuisance water from entering the pubfic streets, roadways, or gutters. 82 Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board(Phone No.(916}657-0687)and provide a copy of same,when executed,to the City Engineer. A copy of the permit shall be provided ' to the Engineering Department prior to approval of the grading plan. 83. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars($2,000.00)per acre for mitigation measures of erosionlblowsand relating to his property and development, 84. A soils report prepared by a licensed Soils Engineer shalt be required for and incorporated as an integral part of the grading plan for the proposed site.A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans,calculations and other information subject-to approval by the City Engineer prior to the issuance of the grading permit, 85. Contact the Building Department to get information regarding the preparation of the PM10 (dust control)Plan requirements. 86. In cooperation with the Riverside Counly Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving an engineered grading plan and the export of native soil from the sit,will be required to present a clearance document from a Department of Food andAgriculturo representative in theform of an approved"Notification of IntentTo Move Soli From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties"(RIFA Form CA-1)or a verbal release from that office prior to the issuance of the City grading permit.The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert.(Phone;760-776-8208) I I 2005 A3A128/a II IIII I� I�IIII II�IA��� II �II I IR GV29/23ov 15031QQR DRAINAGE 87. The project lssubject to flood control and drainage implementation fees. The act eage drainage fee at the present time is$6,511.00 per acre per Resolution No-15189.Fees shall be paid prior to issuance of building permits. 88. The developer shall construct storm drain improvements, including but not limited to catch basins,storm drain lines,outlet structures,and detention basins for drainage of offsile tributary areas and on-site streets,as described in the Hydrology Analysis for Tentative Tract Map 30058 prepared by Hunsaker & Associates, A final hydrology/hydrauilo study shall be prepared, as necessary, to determine appropriate storm drain pipe sizing and other required storm drain improvements identified in the Hydrology Analysis. 89. Submit Storm Drain Irnprovernent Plans prepared bya Registered Civil Engineer tothe Engineering Department for plan check.The Storm Drain Plans shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A_ Copy of sighed Conditions of Approval from Planning Department- B. Copy of Site Plan stamped approved and signed by the Planning Department. C. Copy of Title Report preparedlupdated within past 3 months. D. Copy of Hydrology Study/Reporl. GENERAL 90. Any utility cuts in the existing off-silo pavement made bythfs development shall receive trench replacementpavementto match existing pavementplus one additional inch.See City of Palm Springs Standard Drawing No. 11S. pavement shall be restored to a smooth rideable surface. 91. All existing and proposed utility lines that are less than 35KV on/or adjacent to this project shall be installed underground.The location and size of the existing overhead facilities shall be provided to the Engineering Division along with written confirmation trom the involved utility conlpany(s) that the required deposit to underground the facility(s)has been pald, prior 0 issuance of a grading permit. All undargrounding of utilities shall he completed prior to issuance of a Cerlihcate of Occupancy. ' 92. All existing utlities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line.The /OL/- % II 1111111111111111111111Ill eat 29 of oea - f 29 0{ 31 Resolution 2093h Page 19 approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Division prior in issuance of the certificate of occupancy. 93. The developer is advised to contact all utility purveyors for detailed requirementsforthis project at the earliest passible date. 94_ Nothing shall be constructed or planted in the comer cut-off area of any driveway or intersection thatdoe8orwill exceed the height requiredtomaintainanappropriatesight distance per Chapter 93.02 of the City of Palm Springs zoning Code. 95. All trees within the public right-of-way and within 10 feet of the public sidewalk andfor curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 96. The Title Report prepared for subdivision guarantee for the subject properly and the traverse elosuresfortheemsting parcel and all lots created thererrom shall be submitted with the Final Map to the Engineering Department. 97_ The Final Map shall bo prepared bya licensed land an veyororqualified Civil Engineer and submitted to the Enginoering Departmentfor review.Submittal shalf be made prior to approval of any grading or improvement plans. The Final Map shall be approved by the City Council prior to issuance of building permits. TRAFFIC 98_ The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture for handicap accessibility.The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signallsafety light pales,conduit, pull boxes and all appurtenances located on the SUNRISE WAY NORTH and ON-SITE STREET frontages of the subject property. 99. Install a stop sign for egressing vehicles at Sunrise Way North and"M"Street Install a stop sign for vehicles entering"S"Street at"C"and"D"Streets;for vehicles entering °G" Street at"H"Street; and for vehicles entering "M" Street at"K"and "L" Streets. 100, Design and install a traffic signal for the Sunrise Way North at San Rafael Road intersection.East-west approaches shall be split phased_A traffic signal plan shall be submitted and approved by the City Engineer, The signal shall be installed and functional prior to ralease of the 601'eertlficata of oecupancyfor this project Developer may enter into a reimbursement agreamentwlth owners of Tract Map 30054 proposed an the east slde of Sunrise Way North for reimbursement of 60% of the cost of the traffic signal design and construction.The reimbursement ratio is based on the August 2001 Traffic Study prepared by Wlldan. II 1111111111 IIII11111111III III111111113� 2��3 £oq1 Page 20 101. The developer shall replaceall damaged or destroyed traffic control devices and proi4de any new traffic control devices required by the City Engineer on the SUNRISE WAY NORTH frontage prior to Issuance of a Certificate of Occupancy. 102, Street name signs shall be required at each intersection inaccordancowithCftyofPalm Springs Standard Drawing Nos.620 through 625. 103, The developershall install a 9,500 lumon high pr6ssuresodium vapor safety street light with glare shield on a marhelite pole on the SOUTHWEST comer-of the"M"Street Main Entry and SUNRISE WAY NORTH with the mast arm over SUNRISE WAY NORTH. The pole and lumimire shall be fumishpd by the developer. 104. Construction signing, lightning 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 MAI NTENANCE WORK ZONES"dated 1996,or subsequent additions in force at the time of construction. 105. This property is subject to the Transportation Uniform Mitigation Fee based an the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code 8 land use- f8 II III III III�I II IIIIIIIII! II I II 11 2@@5 08 @3? ,6 eareo Taos ae aGR rr r�