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4/2/2008 - STAFF REPORTS - 2.K.
O�VALMS. � c IFORNNVI City Council Staff Report April 2, 2008 CONSENT CALENDAR Subject: TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP 32233-1, 32233-2, 32233-3, AND 32233-4, WITH PALM SPRINGS CLASSIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY. From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Palm Springs Classic, LLC, is requesting a 1-year extension of time for the Subdivision Improvement Agreements (Agreements No. 5086, 5087, 5088 and 5089) for Tract Map No. 32233-1, 32233-2, 32233-3, and 32233-4 ('Palm Springs Classic"). Fifty-four homes of the 342 lots within the four single family subdivisions have been constructed to date. Due to real estate market conditions, the developer is requesting an extended period of time to complete remaining off-site and on-site improvements within the four single family subdivisions. Staff recommends a 1 year extension of time be granted. RECOMMENDATION- 1) Authorize the City Manager to approve a 1-year extension of time for the completion of improvements associated with Subdivision Improvement Agreements, (Agreements No. 5086, 5087, 5088 and 5089) for Tract Map No. 32233-1, 32233-2, 32233-3, and 32233-4, with Palm Springs Classic, LLC, a Delaware Limited Liability Company. STAFF ANALYSIS: On May 4, 2005, City Council approved a Final Map for Tract No. 32233-1, a 43 lot single family subdivision, and a corresponding Subdivision Improvement Agreement (Agreement No. 5086); a Final Map for Tract No. 32233-2, a 145 lot single family subdivision and a corresponding Subdivision Improvement Agreement (Agreement No. 5087); a Final Map for Tract No. 32233-3, a 95 lot single family subdivision, and a corresponding Subdivision Improvement Agreement (Agreement No. 5088); and a Final Map for Tract No. 32233-4, a 59 lot single family subdivision, and a corresponding Subdivision Improvement Agreement (Agreement No. 5089), with the developer, Palm Item No. 2 • K . City Council Staff Report April 2, 2008 TM32233-1, TM32233-2, TM32233-3, &TM32233-4 Subdivision Improvement Agreement Extensions Springs Classic, LLC, a Delaware Limited Liability Company. The agreements secure the cost of constructing certain on-site and off-site public improvements necessary for the single family subdivisions. The original expiration date for the agreements was March 28, 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 Agreements to April 2, 2008, The developer has not completed all of the improvements required under the Subdivision Improvement Agreements, by the revised expiration date of April 2, 2008. On February 26, 2008, in response to correspondence from the City requesting a completion schedule, the City Engineer received a written request from the developer for an additional 1-year time extension. A substantial portion of the subdivision improvements have been completed, however, remaining improvements include: final asphalt paving of on-site streets, final adjustment to grade of sewer manholes and water valves, final approval of on-site sewer and water systems, on-site private storm drain lines, on-site regional storm drain improvements including Riverside County Flood Control Line 31 and Line 32, Vista Chino entrance improvements including traffic signal and median, Gene Autry Trail entrance improvements including traffic signals, perimeter walls along Vista Chino and Gene Autry Trail (with subsequent removal of the temporary fencing), perimeter landscaping, final paving of San Joaquin, and subdivision monumentation. Staff has continued to pursue completion of off-site improvements with the developer, including: construction of Gene Autry Trail entrance improvements and traffic signals, Vista Chino improvements, perimeter bikepath, perimeter landscaping, and RCFC Line 31 and 32 storm drain improvements. The developer has demonstrated steady progress with construction of these improvements. 54 of the 342 homes have been constructed; 15 homes are currently being used as model homes. It is customary for a developer to defer construction of the final lift of asphalt concrete pavement until the last phases of homes are under construction, to avoid damaging the street surfaces. The extension, if granted, will require on-going maintenance of these 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 has stopped. Maintenance of the vacant property in accordance with the City's PM-10 Ordinance is a requirement of this extension, if granted. It is staffs recommendation that 1-year time extensions be granted at this time, to allow the developer to complete the remaining on-site and off-site public improvements. If the real estate market has not improved and house construction remains stalled, staff will revisit the issue with the developer for subsequent time extensions for the Subdivision City Council Staff Report April 2, 2008 TM32233-1, TM32233-2, TM32233-3, &TM32233-4 Subdivision Improvement Agreement Extensions Improvement Agreements, or calling of the bonds to complete the improvements, as appropriate, at that time. FISCAL IMPACT: None A ,- David J. Barakian Thomas J. WiJson Director of Public Works/City Engineer Assistant City'Manager David H. Ready, City a Attachments: 1) Vicinity Maps (4) 2) Subdivision Improvement Agreements (4) ENGINEER'S NOTES ENGINEER'S NOTES (CONVID SHED 3 OF 9 SREFTS n-c"-of LF.a9xY Fui D1s 1"17t rF�.L •�I1 .[LE 1 v-1�[['3x1� IN ME CITT OF PAW SPRINGS, COUHIY OF RIVERSIDE, STA OF CALPORpA u�i`l rk� 5 23i12 P-P P u 3, ,,,-5..:. :a;, ... TRACT MAP N0. 32233— E ,:¢m�CEx�v4. • YVSi Npry mu 1311'IP M,TM P.L.L s5m1% M a5.PP.F Y.B IuI-'5-51. FM IIY.JrI,F,_x�_" VAT BOND A SUODIWAON OF PARCELS 3 AND 4 OF PARCEL MAP NO, 1791P, AS SHDd'A .1. "E...."I rl. psF>:T C a•nuccr¢2r 1'N xTr w C F.'.c sys.u. ,'acL rs•�.+I', nvr. BY ASAP ON FILE IN HOOK f83, PACES 35 iH.40JGH 31, ["CWSIY£, Of 1'ARCEG I1 clTr3 PAaA�[mr. EisEv�Ir 4 N•TCn LhRIC 0.E NAPS, RECO.4OS OF RIVERSIDE COUNT 1, TOC£HIER WIIN P011/IONS OF S£CHON ] AND I]:] 1•:r..eE;esa�lo acEs v:p1,r pyv�.x-s:n:1 6 npr,P_Lr -1/.•cuss ps[sT.W>Sxxmr.u% ME NORTH HALF OF SECFO.4 Id, TOIA SMP 4 SONIH, RANGE 5 EAS, S.B.M. 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FF,eua VICINITY MAP INDEX SHEET `�• ✓rT�Al L1 1`l 'A.P�F �5 ru t ER"S 01SC SE"l o ce5 Ia-.l sIT 11 cC xC /"` [RM1R rTPPL PER P,HR I83m,.3T a PER RG eildf c-,1:C27"el) �cJ ss 41 s 11s ¢w,scc.T J.Y, 16p9 �1 �j DOC n 2005--0484S40 06/17/2005 08.00R Fee:NC ECORDING REQUF6TED BY: Page 1 of 33 R Recorded +n Cif iciai Rccerds CfrY OF PALM SPRINGS County of RlversAde Larry W. Ward ff A„sensor, County Clerk & Rcoerder AND WHEN RECORDED MAILTO: City of Palm Springs P, O. Bax 2743 Palm Springs, CA 92263 race °�E on oaF wecaR ,w 33 ✓ Attn: City Clerk A R L 'TY Lou; a[FlMIo ACIIC F]N AJ Filing Fp0 EXEMPT per Coyernment Code 5103 Palm Springs Classic LLC A5086 Subdiv Imrpov Final Map 32233-1 A5086 Ras 21252, 05-04-05 Subdivision Improvement Agreement Palm Springs Classic LLC Final Map 32233-1 Tile of Document THIS AREA FOR RECORDERS' USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE 5PACE FOR RECORDING INFORMATION ($3.00 Additlonal Recording Poe Applles) Lt}uSfM1slC-C�InRE�owpilRECaRp PERdx SUBDIVISION IMPROVEMENT AGREEMENT by and belween CITY OF PALM SPRINGS and PALM SPRINGS CLASSIC, LLC A DELAWARE LIMITED LIABILITY COMPANY I i ORIGINAL BID ANDIOR AGREEMENT I�IIII��IIIII III��II AI�IIII II�IIII�II II�Allll I��I IIII 4549 esr 0e2o f6 3 ooR TABLE OF CONTENTS 1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Other Obligations Referencsd In Conditions of Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 'LG Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.8 No Warranty by Cily . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 forPerfbrmance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2A Commencement and Completion Dales . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 3 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2,6 Time of the Essence . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. Labor - - • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Security . . . . . . . . . . . . . . 5 4.1 Required Security • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 6 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 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 I4lII I` II` i IIII 1i of IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII���� �10030�8334 soR 7. Warranty or Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . 8 8. Default . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . 8 8.1 Remedies Not Fxclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.3 Attorneys Fees and Costs . . . . . . . . . . . . . 8 9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 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 Authorily . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 u �I11111I11111111111111II E1111111111111111111111IN T S a�P ,.• f 11�41.w� SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT(this"Agreement")is entered into this Yh� day or MAL,, 2005, by and between the CITY OF PALM SPRING$, a municipal corporation of 1'he State of California ("CITY"),and PALM SPRINGS CLASSIC, LLC, a Delaware Limited Liability Company("Subdivider"). RECITALS A, Subdivider is the owner of,and has obtained approval of a subdivision map for Tract Map No. 32233-1, located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on g2Lh . The map contains conditions of approval for the development of the Property(the"Conditions")as described on Exhibit"e". B. Pursuant to the Conditions,Subdivider,by the Map,has offered dedication to the City of Palm Springs Lots °A" through `E', inclusive, for street, public utility and sewer purposes; an easements for public utility and sewer purposes shown as "10' PUE", along and adjacent to all private streets;easements for public utility and sewer purposes, together with the right of ingress and egress for service and emergency vohicics and personnel,over Lots 7'through"O",inclusive; a 20 feet wide easement for emergency ingress and egress purposes across a portion of Lot"AC"; easements for public utility and sewer purposes over Lots"P"through"Y",inclusive;and easements for sidewalk and pedestrian purposes over portions of Lots 44,46,47,49, 50,51,`S`,and Lot"AA'; and City desires to accept said dedication and 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 or 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 asset forth herein(said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cast for the Works of Improvement is$2.032,000.00. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property.The conditions of approval associated with the Tentative Map are included as Exhibit"B" attached horeto. 1 � iIIIIII1111111111111111111111IIIIlllfilllllllllllllllll ��20�5ars��aoaR k 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a conlptetework 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 cant' out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineerwho 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 [hat 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 corltractorto 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 or Work. Subdivider shall furnish or cause to be fumished 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 henith, 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 perfonmed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 pefectiva Work. Subdivider shall cause its contractor to repair,reconstruct,replace,or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or an 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_ Il If IIII I Ill 2 I fl I IIIlII II+ICI/III IIII IIII+II III IIIIIII III IIIII IIII IIII 00 B6 r6 9f 33 FOR 000013 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at (he jab site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 lnspec ion. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full'authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, Including the Plans- If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.After examination,the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control or the individual workmen on (he job site. Citys 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 nolwithstanding 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 corilrac(or to comply with law pu suant 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. 114 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of Use 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, Cily will inform the contractor of such items. After the contractor has completed these items, (he procedure shall then be the same as specified above for the contractor's initial request for final inspection, If items are found by City$ 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 shalt 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 3 _ lIIIIII IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII IIII�IIII IIII es200nO'05 L808:TOR L3Qdaps 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) 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 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 sams 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 alf 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 Properly have not been completed to his satisfaction. 2.3 Farce a'ieure, 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 he final. 2.4 Conlinuous 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 Properly to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20.3M. 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, 4 11111111111III11f111iIIIIIli11111111111111111111111IN �aamaaFf,G&A 000®x� 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 or 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 j constructed by contractors and subcontractors with valid California Contractors'licenses forthe type of work being performed. 3A 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 Slate of California and shell 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. Se_ curity. 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 cola 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 afi of the Works of Improvement("Faithful Performance Security Instrument"),in the amount of$2.032,000.00 equal to 100% of 1he 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$1.016.000.00 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 Seetlon 1.4 in the amount of S35,000.00 equal to 1000/a of the cast 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 delivera Security Instrument warranting the work accepted fora period of one(1)yearfollowing said acceptance("Maintenance and Warranty Security Instrument"),in the amount of$304-800.00 equal to 15% of the estimated construction cast 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 f5 rrII !!JJ II��III�IIiIIIIIIIII�IIIIllllllll�ll��ll�lllllllllll�ll eeQf s¢sSasaen 0a0a16 requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Securty 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& Poors (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 Caiifomia acceptable to City. Any such letter of credit shall specifically permit City to draw an same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instrurncrds. (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, Stale 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 Subdividers completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration dale). (iii) Each Security Instrument shall provide that changes may be madam 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 Citys 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 Instttution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant Io 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 I G I�II�I�Illill�I��IIII��IIIII��I I�II��I II�I�I�Ii I�I IIII 64?7 a 58933�'° 00001 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 under the control of the City,with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing.Subdivider agrees and hereby grants City 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)5ubdivider has delivered the Maintenance and Warranty Security Instrument;and (Iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3(commencing with Section 3114)of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond,or otherwise as required by applicable law- (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service, 5.1 Subdivider Responsible for All Costs of Construction Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdividershall compensate Cityforall 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 bo 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. II�IIIIIIIIIIIIIIIIIIIIIIIIlI�IIIIIIIIIIIIIIII�IIIII�II e�aBO,�esg a eon 6. Acoeptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property,with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.Such resolution(s)shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one(1)year from the date of final acceptance. If anyot 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 or 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 j 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 Subdividers 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 Subdividerfails 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 attorneys fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses,and ail 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. 11ridgmnity. 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, 8 �IIIIIIIIIIIIiIIII����IllIIII1111111111111 HiltiiiIN 200 2 PE3e9R 000019 property damage,economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns.Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement: Waivers and amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein.All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11, CorporaleAuthoritV. The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly ergamzed 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) I {I ff Ip 9I I I �IIIIIIIIII��III IIIIIIIIIIIIIIII�IIIIIIIII�IIIIIIIII 0620/oeQlf�soeR f�G �29 IN WITNESS WHEREOF,the parties heroto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA James Thompson, C ty Clerk David H. Ready, Cit M er Y RECOMMENDED BY, APPROM BYcaCOUNCIL David Barakian, City Engineer r kh AS fU ruHly, SUBDIVIDER: ` GdtY AticrncY PALM SPRINGS CLASSIC, LLC,a Delaware Limited Liability Company 7ete By: Lennar Homes of California, Inc., a California Corporation, Managing Member (Check One: individual, partnership, X corporation) By. 76 M '6RtLSl<5 ViCG P/Z�Si "DG �i n Name andd✓Title By: ��• I Signature By: uQY>fl F6r R ASSiS`rANT SeU2G'Yf}2�i Name and Title Mailing Address: :391 North Main Street, Suite 301 Corona, California 92880 L511817-3500 10 Iflilll111111111111111Mill if1111111111111111111 e61?01 eo$o2 Wn a CALIFORNIA ALL-PURPOSE ACKN0WLEDGMENT 1,1 State of California {Counth/yof �tWer5) LF fOn.JAa,Y I ©0,5 hefol a me, V U�11 Vt ST.-R'k&0t N0 -Y�ti�pl pore� } vumc emlm^mrm-onmrrd, •.woo.pN.oLrcPwx_I personally appeared__DavI d H, Ren ii1l Lt Vr c� JIX Wl'�S T�drn�JSd n I wllr.Mol moP.n�) ersonally known to me E9-proved to me an tkr Lasis of sav-sFaciory 1 • e�^yV to be the person whose names)V are / subsorined to the within Instrument and I JudHH A NICHOLS lL aoknmvledged to me that M414 Q�e� executed Cnmminfoa#1A87823 the same In 4*4* r e authorized Y,-r' Notary PU3kc-California _ Riverside county capacity(or • and that by ln9, MVCarm DOesMoy21T2mp - — � signatur son the instrument the persa+(}t,or • .. r the enthy upon behalf of which the person(D acted,executed the instrument. WITNESS my hand and official saaL CAI I 6^ Jrnl_? r1{v�/1,' v 11ralum M Mlnry PutM OPTIONAL Tbouah it).Ipfemk:Ilen M."i,nor m,Ired by 0,,R may pro.o aduable to peons mrymg on fho document and could prevent frjudulcnl mmevai and ronffachmant cl inis form to ononcor document. Desc ' ion of Attached Document Title or Type of Do nL— 1 Document Date!, Nun)Wrof Pages: SIgner(s)other Than Named Above: Capacity(ies)Claimer!by Signer Signer's Name:. ❑ Individual rep or lnomn norc ❑ Corporate Officer—Trfla(s)t ❑ Partner--❑Limited ❑Goneral ❑ Aaorney-in-Fact ❑ Trustee 11 Guardian Or Conservator EI Other. Signer Is Representing: _ I 91060 N.tloIW NPLLyAfacl.9m99Ap.SobAw PA 2nx PA9:•LNIcwN1 W,91815a0."•mvN naINM.NWyory r'roJ N�59ap Feq,y 0dTe11 pmo 1 91,}9fLPA:'r I IIIIII Ifi�lll�h��Ilf I+IIIII A�I I�Ilf�l III IIIII�III If�l act 200 I7.10053a4 eR DOOD22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGE LENT State of California County of Riverside On ,t i 1 2005 before me, 7illian Newman a Notary Public, personally appeared'Tom Banks, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that lie executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WI'MSS my hand and ofDtial seal. 1 CIAa 11 �©u f © � — — Comm�ubn A�7436099 x N Nolary��� Cplllomlu � ---- � C�pnga County ]` MyC��,ExpltesAug15,2007 Notary Sea] w I CALIFORNIA ALL-PURPOSE ACXCN'OWLEDGEMENT State of California County of Riverside On �p, 12005 before me, Jillian Newman a Notary Public, personally appeared Jason Perrin,personally Imown to me to be the person whose name is subscribed to the within instrument and aclmowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. M QM �mn m°'c W WITNESS my hand and official seal. �M1 �' �1! ALllal�ap�•nittsL� U Y y JUMNEwnuN— �+ + COMMMi M#1435M r N0tarypuW_Cakf0HVQ F� MC Crnun.Eiw1r Aiq 16,2ar7 Notary Seal EXHIBIT"A" TRACT MAP 32233-1 LEGAL DESCRIPTION Tract Map No.32233-1,as recorded in Map Book,,Pages 59 through inclusive,records of Riverside Ccunty, California, I , �Illllllllll11111IIIII�E III IIIIIII III I11I111I11111 tle, 19 Q� 33Bfl EXHIBIT"B" TENTATIVE TRACT MAP 32233 CONDITIONS OF APPROVAL 2605-9480.549 1111111f111{IIIIIllIN111111f11111N111111f11111IIIIlII agf17��aaf j�A T)A3L . TENTATIVE TRACT MAP 32233 THE PALM SPRINGS CLASSIC, ESCENA Rr 1000 GENE AUTRY TRAIL NORTH ;;m+err; nv ;:rnnr- Pr. APN 677-220-007 ET. SEQ., SECTION 7, 18. FINAL CONDI•rIONS dF APPROVAL APPROVED: NOVEMBER 17, 2004 EXPIRES: NOVEMBER 16, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a Form approved by the City Attorney. PLANNING: Project Specific Conditions, 1. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of$1,314.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to (he Riverside County Clerk prior to Council action on the project- This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 2. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning ordinance- Final development plans shall include site plans, building elevations, floor plans, roof plans, landscape plans, irrigation plans, exterior lightif+g plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final devolopmen't plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 3. The city reserves the right to review, or conditionally approve final PDD and Tentative Tract Maps. Additional conditions will be based upon the submittal and based upon the approved Planned Development application, design review and City codes and ordinances. 4 Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Page 1 11111111111111111 HI 111111111111111111111111111111111 ae 0Eeo aB aaR 009027 r Tentative Tract Map 32233 November 17,2004 Conditions of Approval Page 2 5. Prior to issuance of a grading permits, Fringe Toed Lizard Mitigation fees shall be paid- 6- Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of all lots and all parcels for all land uses. 7, The applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's")to the Director of Planning and Zoning for approval in a form to be approved by Hie City Attorney, to be recorded prior to submittal of a final map and approval prier to building 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 condition and in accordance with all ordinances 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of 82,500.00,for the review of the CC&R's by the City Attorney. 9. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadways, airport noise and adjoining M-1-P zoned developed and vacant properties. Said disclosure shall inform perspective buyers about traffic, airport noise, future industrial development and other activities Which may occur in this area. This is an addition to the standard avigation and easement and nonsuit covenant. 10,An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning and Zoning prior to the issuance of building permits for each phase or development area. Manufacturers cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit If lights are proposed to be mounted on buildings, down-lights shall be utilized. A photometric study shall be required for all parking areas,driveways and entries. 11.This project shall•be subject to Chapters 2,24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee, In the case of the in-liou fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the Peeing being 112% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site,said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 12. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477(Quimby Act), all resldential development shall be required to contribute to mitigate park and recreation impacts Such that, prior to issuance of residential building {IIIII��llllil�II�Atli Illil�l{II hlllll Ill lllllll Il III a528A120 osse�GOA 000028 r Tentative Tract Map 32233 November 17,2004 Conditions of Approval Page 3 permits, a parkland foe or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. 13.The protect will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice,fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library and cultural services are near capacity- Accordingly, the C ty may determine to form a Community Services District under authority of Ord- C. Section 53311 el seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right of protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel,. 14.Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interiors Standards and Guidelines, shall be employed to survey the area for the presence or cultural resources identifiable on the ground surface. 15.A Native American Monitor shall be present during all ground-disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. 16. One copy of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal planning, Building, and Engineering Department. 17.The developer shall construct off-site sidewalk improvements on the south side of Vista Chino between Via Roberto Miguel and Gene Autry Trail. The sidewalk shall be constructed at a time when the Planning Commission determines it is appropriate, based upon residential demand. Factors to be considered are to include number of dwelling units proposed for development and proximity of said units to the intersection of Vista Chino and Gene Autry Trail- 18. Construct Bus Shelters consistent with the Sunline Transit Agency that are custom designed in keeping with the character of the project. 'rho custom bus shelters shall riot have any advertising and shall be maintained by the project unless a separate maintenance agreement with the developer and Sunline Transit Agency is entered into for Sunline Transit Agency to provide maintenance. �It1111IIIIIIIHIIIIIlIIIIII III MIN III 111111111111I a�0220 9MS&P D65029 Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 4 19. Construct equestrian trail and bikeway along the Whitewater Wash as identified in the General Plan. The final alignment shall be coordinated with CVWD, RCFCWCD, and the City as part of the Final Planned Development District, 20.As a part of the Final Development District, a Wildlife Management Plan will be submitted for approval to the Airport Authority and the Director of Planning and Zoning. 21.Applicant shall provide a revised project description and design standards within thirty(30) days of City council approval 22. All existing and proposed overhead utility lines that are less than 35 kV onlor adjacent to this project shall be undergreunded. The location and size of the existing overhead facilities shall 6e provided to the Engineering Department along with written confirmation from the involved utility companies that the required deposit to underground the facilities has been paid prior to issuance of a grading permil. All undergrounding of utilities shall be completed prior to issuance of certificate of occupancy. 23.All residential development shall be subject to parkland dedication requirements and/or park improvement fees. The dedicalion, payment of fees or combination thereof shall he required prior to issuance of building permits- Parkland mitigation amounts shall be based upon the costs to acquire and fully improve parkland and shall be adopted by ordinance or resolution. 24.The Mitigation Monitoring Program from Case No 5.0666-6, The Palm Springs Classic, shall be incorporated into these Conditions of Approval by Reference- General Conditions: 26.The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations, except as specifically modified in this approval. 26.The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0666 - B- PD-231. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the Citys associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, II�III��I�III fll�III�I�IIII �I Illflll I Illil�l I�III 03 2002 905 5x assoR I r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 5 thereafter, be responsible to defend, Indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 27.That the property owners) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City_ 28, Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.60 of the Municipal Code for specific requirements_ 29.The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 30. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be Feld tested prior to final approval of the project Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 31.All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. POLICE DEPARTMENT: 32. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 33.The Iecation of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 34. Prior to any construction on-site,all appropriate permits must be secured- H05-1148454988 9G 2e 'e 3390fl Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 6 FIRE: 35. Fire Department Access: A secondary Fire Department access road shall be provided and maintained in the Southern portion of TTM 32558 on the Cathedral City side. 36.Turn-Around Requirements Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The City of Palm Springs approved turn around provision is a cul-de-sac with an outside turning radius of 43 feet from centerline. (902.2.2.4 CFC). On the existing plan these need to be addressed at Lot 6 on TTM 32657, on 5treet K, which is shown on Sheet 1 of TTM 32233. Also on Streets W and Y which are shown on Sheet 2 of the same TTM. On Sheet 3, Street HH is also excessive in length. 37. Turning Radius: Inside turning radii for roundabouts needs to be a minimum of 30 feet. Any medians or islands need to be size accordingly. The turning radius for Lot 414 on Sheet 3 appears to be undersized. Please show dimensions upon re-submittal. 38. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and "test Certificate to the Fire Department. (9-2.1 NFPA 24) 39. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, orfencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 40. Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 41. Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 42. Relocate the well site away from the Vista Chino entry. ENGINEERING: STREETS tA�lll I�I�II!lIII Alll IIII�� A1�III�III II II�I�II I� I�� ss Z5 45 33�ea 0100�� t Tentative Tract Map 32233 November 17,2004 Conditions of Approval Page 7 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Developer shall obtain State permits and approval of plans for all work done on State Highway 111 (Gene Autry Trail).A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building pennits. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division.The plan(s)shall he approved by the City Engineer prior to issuance of any grading or building permits. STATE HfGHWAY 111 (GENE ALITRY TRAIL) 4, bedicate additional right-ef-way to provide the ultimate half street width of 55 foot along the entire frontage, together with a property Ilne - corner cut-back at the southeast corner of Gene Autry Trail and Vista Chino in accordance with City of Palm Springs Standard Drawing No. 105, unless otherwise already dedicated by parcel Map 30928, 5. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turn-out, unless otherwise already dedicated by Parcel Map 30028. 6- Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way, unless otherwise already dedicated by Parcel Map 30028, 7. Abutters rights of access to Gene Autry Trail shall be dedicated to the City of Palm Springs except at specifically approved locations. 8. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the northeast corner of Gene Autry Trail and Classic Drive in a location to be agreed upon by the City and Sunline Transit Agency. Construction of a bus stop shelter shall be required,with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning .SBNGes, Bus stop furniture and other accessories, as required by Sunline Transit Agency, shall be provided by the developer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 9. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 92233. IIIIIflllffllllll{IlIIIIIIIIIIIIIIIIIIIIll11111Ell �azae�a s�B�aA Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 8 10. Modify the existing left-turn lane to provide a 150 feet long southbound left-turn storage lane at Gene Autry Trail and Chia Road, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. This condition shall be nuff and void if completed by others prior to approval of a final map within Tentative Tract Map 32233- 11. Modify the existing left-turn lane to provide a 400 feet long southbound left-turn storage lane at Gene Autry Trail and Tachevah Drive, or as may be modified by the Traffic Report and approved by the city Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 12. Coordinate the location of the intersection of Gene Autry Trail and Classic Drive with the City Engineer and the Executive Director of the Airport- Upon approval of the intersection location, relocate the existing northbound left-turn lane location as required to access the airport commercial properties, and provide a 375 feet long southbound left-turn storage lane at Gene Autry Trail and Classic Drive, or as may be modified by the Traffic Report and approved by the City Engineer- Existing intersection improvements, median improvements, including landscaping, lighting and irrigation, shall be removed, reconstructed or modified to the satisfaction of the City Engineer. Modification and reconstruction of the existing parking lot and driveways at the airport necessary to facllftate the relocated intersection shall be completed to the satisfaction of the City Engineer and the Executive Director of the Airport. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. VISTA CHINO 13, Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portons of the bicycle path that leave the public right-of-way, unless otherwise already dedicated by Parcel Map 30928. 14. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus Wrn-out, unless otherwise already dedicated by Parcel Map 30928. 15, Abutters rights of access to Vista Chino shall be dedicated to the City of Palm Springs except at specifically approved locations. 16. Remove the existing curb and gutter as necessary to construct a 130 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the southeast corner.of Vista Chino and Gene Autry Trail in a location to be agreed upon by the City and Sunline Transit Agency. Construction of a bus stop shelter shall be required,with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus IIIIIIIIIIf11111111111111111111111111�1111HIIIII11IIE P6�02 8'P933Pon 0GLEN Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page g stop furniture and other accessories shall be furnished, as required by Sunline Transit Agency. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 17. Construct a 12 feet wido Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233, 18. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer from Gene Autry Trail to the easterly property line (approximate with the existing Whitewater Channel levee). Provide a 225 feet long westbound left-tum storage lane at Vista Chinn and Gene Autry Trail. Easterly of the Whitewater Channel levee, provide a striped median with a minimum 150 feet long westbound left-turn lane at Vista Chino and North Dnve. Left-turn pocket storage lengths and transitions shall be designed in accordance with the current Caftrans Highway Design Manual. Additional paving and street widening along the north side of Vista Chino shall be provided as necessary to construct the required median improvements. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. SAN JQAQUIN DRIVE 19. Dedicate additional right-of-way at the northerly end of San Joaquin Drive to provide an off-set cul-de-sac or turn-around, or as otherwise approved by the Fire Marshall and City Engineer. The cul-de-sac shall have a minimum curb radius of 58 feet, as required by the City of Cathedral City, or as otherwise approved by the Fire Marshall and City Engineer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 20. Construct a 6 inch curb and gutter, I feet west of centerline along the entire frontage end throughout the offset cul-de-sac or turnaround, as approved by the Fire Marshall and City Engineer, in accordance with City of Palm Springs Standard Drawing No. 200. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 21. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No 201 within the cul-de-sac at the northerly end of San Joaquin Drive for service and emergency vehicle access into the development as required by the City Engineer and/or rive Marshall. 22. Construct a 0 inch thick concrete driveway from the driveway approach within the cul-de-sac at the northerly end of San Joaquin Drive across Lot 552 as necessary to provide access from San Joaquin Drive to the on-site street system as required by the City Engineer and/or Fire Marshall. I�II�I IIIII�I hII IIII II{IPI II IIIII�I III l�lllll II II{I ins 200 8 b f 3a99R flD�2��5 Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 10 An alternative to concrete pavement may be approved, subject to review and approval by the Fire Marshall, 23. Construct a minimum pavement section of 21z inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from clean sawcut edge of pavement to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. ON-SITE STREETS 24, Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposes, and for service and emergency vehicles and personnel ingress and egress,over the private streets. 25. Dedicate an easement,20 feet wide, for service and emergency vehicles and personnel ingress and egress, over Lot 552 as necessary to provide access from San Joaquin Drive to the on-site street system, 26, Construct a wedge curb, acceptable to the City Engineer, 15 feet on both sides of centerline along the entire frontages, and throughout the cul-de-sacs. 27. Construct a wedge curb, acceptable to the City Engineer, 14 feet on both sides of centerline along the entire frontages of those on-sile streets identified as Streets "00" (adjacent to Lots 292-294 [north end] and adjacent to Lots 305 and 306 [south end]), "PP"(adjacent to Lots 224 and 225 [north end]and adjacent to Lots 252 and 253 [south end]), `SS' (adjacent to Lots 211 and 212 [west end], and "1/V'- Parking shall be restricted along one sides of these streets, as necessary to maintain a 20 feet wide clear access way. Regulatory Type R26 "No Parking" signs or red curb shall be installed on one side of these streets to prohibit on-street parking. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Codes, Covenants and Restrictions required for the devakoprnent- 28. All on-site cut-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101, A minimum 43 feet inside radius shall be required for all on-site cul-de-sacs. 29. All on-silo "knuckles" shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104, 30. On-site streets without a cul-de-sac or other approved turn-around shall not extend a distance of 150 feet or more from the Intersecting street On-site streets with a length exceeding 150 feet shall provide a hammerhead turn-around or other access as approved by the Fire Marshall, 111111 IIIIIII IIII IIII IIII111I11Iilllll III11111i1 If IIII av e 9=5 a3,cop . DDDD36 Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 11 31. Construct a minimum pavement section of 21/2 inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER 32. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 33. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 34. Construct an 8 inch sewer main within Mission Dove and San Joaquin Drive as necessary to extend public sewer service to the development. 35. Construct an 8 inch sewer main within all on-site streets and connect to the existing public sewer system in Gene Autry Trail and/or San Joaquin Drive. All sewer mains constructed by the developer and to become part of the public sewer system shall be televised prior to acceptance of the sewer system for maintenance by the City. 35. Payment of applicable sewer assessment or sewer surcharge fees (if any) shall be paid prior to issuance of building permits. GRADING 37. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval, The applicant and/or its grading contractor shall be required to comply with Chaptcr 8.50 of the City of Palm Springs Municipal Cods, and shall be required to utilize one or more `Coachella Valley Best Available Control Measures"as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the Seuth Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certlflcate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and IIIEIIIIAI�IIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII as2693 a08ee osR r i—f j r _ Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 12 - information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10' Dust Control issues, please contact Elie Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan- The first submittal of the Grading Plan shall include the following information: a copy of a final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy o1 current Title Report; a copy of Sells Report; and a copy of the associated Hydrology Study/Report. DRAINAGE 38. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed through the property, consistent with an approved hydrology/hydraulic study. 39. Drainage easements shall be reserved on the Final Map where and as required to convey off- site stormwater runoff across the property, in accordance with an approved hydrology/hydraulic study. On-site drainage easements shall be privately maintained by a Homeowners Association. 40, The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs Area. Validated costs incurred for the design and construction of storm drainage improvements adjacent to or within the project as shown in the Master Drainage Plan may be credited toward the drainage fee otherwise due. Coordination with Riverside County Flood Control & Water Conservation District (RCFC) shall be required to determine acceptable methods of providing storm drainage improvements consistent with the Master Drainage Plan- Credit for or deletion of required drainage implementation fees will require review and approval by RCFC of proposed storm drainage systems, detention and retention basins, and storm drain outlet systems into the Whitewater Channel. If required as a condition of credit for or deletion of storm drainage implementation fees, a cooperative agreement between the property owner($), the City of Palm Springs and RCFC shall be made whereby storm drainage easements for Master Drainage Plan facilities are provided to RCFC within the project, and storm drainage improvements are designed and constructed to the satisfaction of the City Engineer and RCFC. MAP I 41. A Final Map shall be prepared by a California registered land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guaranlee, for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 42. In accordance with Section 56434 (g) of the Government Code, the westerly 15 feet of public 11111111f11111l11l11111111fII111111N111!lflllllllllll Qe/17�a 5&214 A Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 13 right-of-way for San Joaquin Drive may be abandoned upon the filing of a Final Map identifying the abandonment of the right-of-way granted to the City of Palm Springs. Prior to approval of a Final Map, the developer shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the portion of the public right-of-way to be abandoned- Prior to approval of a Final Map, the developer shall provide to the City Engineer a letter of approval regarding the proposed abandonment of the westerly 15 foet of San Joaquin Drive right-of-way from each public utility agency. 43. in accordance with Government Code Section 66493 (0, an application for reapportionment of the existing assessments related to Assessment District 155 levied againal the properties shall be performed at the expense of the property owner, or the existing assessments shall be paid in full, prior to City Council approval of the Final Map, TRAFFIC 44. The total number of 1,450 single family and multi-family units, and 450 roam resort hotel allowed within the development, as originally approved by Planned Development Unit (PD)231, shall be decreased by the total number of additional residential units approved by the City of Cathedral City associated with Tentative Tract Maps 32557 and 32558 such that the overall total number of units, and the traffic generated therefrom, does not increase from the original total of units analyzed for the purposes of approval of PD 231. 45- The developer shall coordinate and prepare a traffic signal installation phasing plan- In accordance with developer proposed on-site phasing of residential construction, the installation of required traffic signals shall be phased as traffic signal warrants are met, Irregardless of a traffic signal installation phasing plan, any traffic signal shall be installed at any time and upon notice by the City Engineer that traffic conditions warrant installation, or the City s own analysis indicates warrants exist for its Installation. The design of all required traffic signals shall be completed prior to approval of a final map- The developer is responsible for the installation of a traffic signal, subject to the approval of Caltrans and/or the City Engineer, as required, at the following locations: A. Gene Autry Trail and Chia Road B. Gene Autry Trail and Classic Drivo C. Vista Chino and North Drive 46. In coordination with the design and installation of traffic signals along Gene Autry Trail, a traffic signal interconnect system, subject to the approval of Caltrans and/or the City Engineer, shall be provided on Gene Autry Trail from Vista Chino to Ramon Road. In conjunction with the design of required traffic signals, a traffic signal interconnect system shall be designed from Vista Chino to Ramon Road, as directed by the City Engineer and approved by Caltrans. Reimbursement for 65.86% of the cost of the design and Installation of the traffic signal interconnect system may be made through a reimbursement agreement between the City, Caltrans (if required)and the applicant- llllillllllllll111111111111111111111111N11llllllllllll e�26022 f 33 0000? 0 Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 14 47. Based on the Traffic Impact Study prepared by Endo Engineering, dated March 2003, the following mitigation measures shall be addressed prior to issuance of a building permit on any of the proposed parcels: A. Pay the proportionate fair share contribution of $22,425 (14.95%) of a traffic signal at Gene Autry Trail and Via Escuoia. B. Pay the proportionate fair share contribution of$18,140 (18.14%)of the cost to construct a northbound right-turn lane on Farreli Drive at Vista Chino. C. Pay the proportionate fair share contribution of 18.14% of the cost to construct a southbound left-turn lane on Farrell Drive at Vista Chino. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. D. Pay the proportionate fair share contribution of 4.9% of the cost to construct a southbound left-turn lane on Farrell Drive at Raman Road. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. E. Pay the proportionate fair share contribution of 6.61% of the cost to construct a southbound through lane on Cathedral Canyon Drive at Raman Road. The fair Oars contribution shall be hold In trust for the City of Cathedral City until such time as the Intersection improvements are constructed. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. 48. Submit traffic striping plans for improvements to Vista Chino prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer. 49. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in farce at the time of construction_ 60.This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permits. . i I I��III lllflll lll�Ilff IIII� �� {IIIIII I�I II�II III IIII 9628�� c�3�9F / 1 HMO DOC 4 2005-04S4SSO 06/17/2005 08:00A Pec:NC Page 1 of 32 a RECORDING REQUEME)BY: Retarded in Official Rceords 'CITY OF PALM SPRINGS County of Riverside Larry W. Ward Assessor, County ClerkI & Recorder AND WHEN RECORDED MAIL TO: City of Palm Springs P. Q, Box 2743 Palm Springs, CA 92263 Altn: City Clerk rzi2f L coPr Lorvo Aa Filing fee EXEMPT per GOVernment Code 6103 Palm Springs Classic LLC A5087 Subdly Imrpov Final Map 32233-2 A5087 Res 21253, 05-04-05 Subdivision Improvement Agreement Palm Springs Classic LLC Final Map 32233-2 Tide of Domment THIS AREA FOR RECORDERS' USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR.RECORDING INFORMATION ($3.00 Additional Recording Fee Apptle5) H;WSEI1glGLllhkECaPDCR\RECOIiu.P,CQ me 1 SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM SPRINGS CLASSIC, LLC A DELAWARE LIMITED LIABILITY COMPANY C RIGlML BID AIv O R AGREE"-I' IIIIIIIIIIIIIll I III IIIIIII III IIIIIII III IIIIII1II11II as��ez ofg�E�aaA OOC�9 2 TABLE OF CONTENTS 1.Construction Obligations . . . . . . . . • . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 •1,12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . - . . . 3 1-13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.14 Final Aoceptanoe of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 22 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - - - 4 a 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ma 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 S m 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CJ 1 �3 3.1 Labor Standards; . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - . . . . . . . . . . . . . - . 4 32 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3-3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3-4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 i 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 i 00� ��3 7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . - - . . . . . . . . . . . . . . . . . . 8 8: Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a 8.1 Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . 8 10 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 o� Ymm !v O ti i� Y� r 3M SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT(this"Agreement")is entered into this day of- md�g. 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State e of California ("CITY"), and PALM SPRINGS CLASSIC, LLC, a Delaware Limited Liability Company("Subdivider")_ RECITALS A. Subdivider is the owner of, and has obtained approval or a subdivision map for Tract Map No. 32233-2, 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 easements for public uIllily and sewer purposes shown es "10' PUE", along and adjacentto all private sLree[5,easements for public utility and sewerpurposes,togetherwith the right of ingress and egress for service and emergency vehicles and personnel, over Lots"A"through"K% inclusive; and easements for public utility and sewer purposes over Lots "L"through "R"; and City desires to accept said dedication and 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. b_ 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 m permitting development of the Property to proceed. m�z mm� COVENANTS � l Based upon the foregoing Recitals which are incorporated herein by reference and in _ consideration of Gty'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 Improvertient, 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 $i3,223,600.00_ 1.2 Other Obligations feferenced 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"B" _4 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, 1 DDDDx � 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 liko. 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 Engfneerfor 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 notico 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. a 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and V 0" without notification to any of the sureties or financial institutions referenced in Paragraph 4, may Imo order extra work or may make changes by altering or deleting any portion of the Works of M1 ° 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 to writing (by Correction Notice)at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. .—. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,replace,or otherwise make acceptable any work found by the City Engineer to be defective. �... 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or i--� warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authoritv of the_City EngiRger. 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 acceplability 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, 2 [OHM 1A1 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 ehgineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove oruncoversuch 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 (his 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 far failure of the contractor to complywith 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 a and shall stare [hem properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. UFO J�.^ 1.14 Final Acceptant of, Works of Improvement. After Subdivider's contractor has w ti 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 w� 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 far 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) 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 3 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 satisfysuch phasing requirements,as the same now existormay 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 paymentoffees, constructionof improvements,orboth- Final inspectionsorissuanceofCertifiicates 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 trine 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 12 enforced delay hereunder shall not include any period longer than five(5)days prior to City's receipt y ,w of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a N� right to extend its time for performance hereunder_ City Engineor shall evaluate all claims to Force Majeure and his decision shall be final. m 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($0) 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 Properly to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499,20-314. In this regard, Subdivider agrees that if,the Works of Improvement have not been completed on or before the later of two(2) years from the date of this Agreement or within the time allowed herein,whichever is the later,and ff 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 Citys 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. 4 QQQQ7 �S 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 Slate of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other M 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"): m � Nm 0 A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement("raithful Performance Security Instrument"),in the amountof$3.223,500.00 equal to 100%of the estimated construction cost referenced in Section 1.1. (H) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument")with respect to the Works of Improvement in an amount equal to$1.E11,750.00 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$22,000.00 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 h)*jEument 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$483.525.00 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 FQuD Qf 5eCl-lrity 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 5 MOO 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 or credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4, (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument or 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 Requirementu;for all Security Instruments. (t) 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). N m e (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 l2 Instruments of Credit, which shall have no defined term or expiration date). © (tit) 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, MOM 4,3 Sub_divider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument.Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for .. r 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 fen (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit_ (a) in the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit(expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion)is not delivered not less than thirty(30)days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit -delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. 6 (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 applyany such funds drawn to the obligations secured by such letterof credit or to hold such funds in an account under the control of the City,with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and labor and Materials Security Instrument when all of the following leave occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (n) the Works of Improvement have been accepted-, m (!if)Subdivider has delivered the Maintenance and Warranty Security Instrument; and Qv) subject to the following sentences after passage of the time within which lien claims are n required to be made pursuant to Article 3 (commencing with Section 3114)of Chapter 2 of Title 15 ti 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 or lnspection Service. 5A Subdi_vider 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..ln 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 he 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 Cily'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 enlitled 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. & Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property,with acceptance to become effective upon completion and acceptance by City of the Works of 7 06t'1303 1 Improvement. Such resolution(s)shall authorize the City Clerk to execute the Certificate made apart 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 fall 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 Q have for Subdivider's default hereunder, in the event Subdividershall fail to timely perform any work �N required to be performed under this Agreement and such failure shall continue fora period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to mac a.QN 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 a contractor both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 3.3 Attorneys Fees and Costs_ In the event thal Subdivider faits 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 attorneys fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related casts with respect to the I figation.Alf such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. -- 9_ Indemni . Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty 10 which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any 8 Security Instrument provided by Subdivider pursuant to the terms hereof.Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions, 10.1 Successors and Assigns_ This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries_ This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement:Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein.All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Cor�araePuthorily. 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 p Agreement does not violate any provisions of any other Agreement to which said party is bound. G�r` N 0 (Signatures on Next Page) MOTO r i1 11� �7 9 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA James Thompson, City Cleric David H, Ready, Ci ager RECOMMENDED BY: APPROVED BY CITY COUNCIL ,S :0 1 David Barakian, City Engineer APPR:02t TO FORM SUBDIVIDER: i Attorney PALM SPRINGS CLASSIC, LLC, a Delaware Limited Liability Company S-/Z �C 'ate By: Lennar Homes of Califomia, Inc., a California Corporation, Managing Member (Check One: individual, _partnership, X corporation) mom , m 4 q By 4 Signature N` By; (orvt L rlJILS I �2UslL1�a�i © Name and Title By: Signature By: _ n -55rS7Ap9T EL'2ETAR� Name and Title Mailing Address. 391 North Main Street, Suite 301 Corona California 92880 951 817-3500 10 �Q�'Q�7fs CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I Slate of California County of il�1pe rs t d as On - © D.S 6eforema, V Li RlC'. 01 0� �V�I "t mm 7� namq qnq illl�o-c^t 0lfiagr(q p,•pglw�e dwr Whll�j personally appeared Da V t q e �1r G n c� -la_ Y�IQ� Th on��ISo M N.mglul gtamnoge� R remonally known tome is cfory oJdwfcer to be the porsan(D whose name ' /are subscribed to the within instrument and JMM A,NIOHOLS •• acknowledgedhar to me that sh Ifie executed Commisslon#IA81823 the same in 44&k4e ei authorized Q1MyOixnm,Expke$Muy21.2008 NoloryPublla-OellfOmtp S capacltyre and that by }iaXelD Rivenkia Ccunly slgnatun; s on the instrument the person(@, or � the entity upon behalf of which the persone acted, executed the instrument. WITNESS my hand and official seal_ � — �alpnryunr 4 No°ry t uwc OPTIONAL Though fie inforrr;xW bekw o not reputed by luw,it may prove Vnlunblu fv pemorts nalying nn fhb document and could prevonr fraudufew mmb ul end marraclumat of this form w ano!ryrr U=mem Oesc " ton of Attached Document 'Idle or Type of Do ent Document Date: Numbor of Pages: Signer(s)Other Than Named Above: Capaclty(ies)Claimed by Signer Signer's Name: ❑ Individual TOP of Oman hnm 0 Corporate Officer—TRie(s):— _ Partner--OLlmited ❑General 0 Attomcyin-Fact ElTrustee ElGuardian or Conservator ❑ Other. Signer Is Representing- 0 199]td -W Nn aryAWcgMn•IXieO Go duotpy P.D. PmC No M7 NwlCMIT11-Fmo14M-8 RM 4I{I If14 II` I11`I `I I`11` 1 I4`I I` 1 fI 1 fII` `t �005-6g045S0 1 lIl}III III11IIlII�IIII III1lIl1II IIIIlII1II II1I1111I Ifll eeli7/1505f 82 eA CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On A pri 2005 before me, Jillian Newman a Notary Public, personally appeared Tom Banks,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that lie executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. J'LLLiN NEWAIpId Commmon*1d85Q99 �. r' - Nofarypubllc-CaQlomlQ Orango County M ccomm.FJ�I Aug 15,20 Y Notary Seal IIII II I I III lil II II III III���III! / 7�216 9G 0Of 3P fl CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On_ 2005 before me, Jillian Newman a Notary Public, personally appeared Jason Perrin., personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that:he executed the salve in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal, JUM NEWMAN .. .- Com =n#1436094 Notary Pu6tic.Calltomta + Orange County My Camm Expltes Aug 16,2p07 Notary Seal I IIII111111111 fill fill IfIIIiIlIIIIII IIIIIII IIIIII as20ez 090985EGA 17 of 22 0000 s7 EXHIBIT"A" TRACT MAP 32233-2 LEGAL DESCRIPTION Tract Map No.32233-2,as recorded in Map Book , Pages through inclusive,records of Riverside County, California. 1 IlAlll II III II1I I�I��II I�I 1 If}� ��I� II 1I es?i00nes¢sg aQP 5esa o 508, EXHIBIT"B" TENTATIVE TRACT MAP 32233 CONDITIONS OF APPROVAL 2005-048455D 111111111111I111111Jill 111111111111111111111111111111111 66J17/Is@ar 3z aA TENTATIVE TRACT MAP 32233 --•THE PALM SPRINGS CLASSIC, ESCENA ;:rt i•t'.;;. 1c`r ':vl T;� 51 l `•;:"%17tC' 1000 GENE AUTRY TRAIL NORTH APN 677-220-007 ET. SEQ., SECTION 7, 18, FINAL CONDITIONS OF APPROVAL APPROVED: NOVEMBER 17, 2004 EXPIRES: NOVEMBER 16, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the'City Engineer, the Director of Planning, the Chief or Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING: Project Specific Conditions: 1- The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Cade; therefore a fee of$1,314,00 plus an administrative fee of $K00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prier to Council action on the project- This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid_ 2. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district- S. The city reserves the right to review, or conditionally approve final PDD and Tentative Tract Maps, Additional conditions will be based upon the submittal and based upon the approved Planned Development application, design review and City codes and ordinances. 4, Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department or Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal_ Page 1 flllllllllll 11111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a6/s�B o2of 32a°R r ' Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 2 5. Prior to issuance of a grading permits, Fringe Toed Lizard Mitigation fees shall be paid. 6. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of all lots and all parcels for all land uses. 7. The applicant shall submit a draft declaration of covenants, conditions and restrictions to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to submittal of a final map and approval prior to building 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 condition and in accordance with all ordinances. S. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,500.00,for the review of the CC&R's by the City Attorney. 9. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadways, airport noise and adjoining M-1-P zoned developed and vacant properties_ Said disclosure shall inform perspective buyers about traffic, airport noise, future industrial development and other activities which may occur in this area. This is an addition to the standard avigation and easement and nonsuit covenant. '10.An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning and Zoning prior to the issuance of building permits for each phase or development area. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be u4lized. A photometric study shall be required for all parking areas, driveways and entries. 11_This project shall'be subject to Chapters 2.24 and 3,37 of the Municipal Cade regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the feeing being 112% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 12. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building I fR��I�llllll lll��IIf�IIIIII�I�I�IIf�I III�IIIII�,I I��� BE,2�� fi l op Zia0d V R A r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 3 permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. 13. The project will bring a significant number of additional residents to the community. The Citys existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library and cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under authority of Ord. C. Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right of protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, 14_ Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 15. A Native American Monitor shall be present during all ground-disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Aqua Caliente Cultural Resource Coordinator for approval_ 16. One copy of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department. 17. The developer shall construct off-site sidewalk improvements on the south side of Vista Chino between Via Roberto Miguel and Gene Autry Trail. The sidewalk shall be constructed at a time when the Planning Commission determines it is appropriate, based upon residential demand. Factors to be considered are to include number of dwelling units proposed for development and proximity of said units to the intersection of Vista Chino and Gene Autry'frail, 18. Construct Bus Shelters consistent with the Sunline Transit Agency that are custom designed in keeping with the character of the project. The custom bus shelters shall not have any advertising and shall be maintained by the project unless a separate maintenance agreement with the developer and Sunline Transit Agency is entered into for Sunline Transit Agency to provide maintenance. 2995-A4E455b 111III1111114111111Jill 1111p IIIIIIIIIIIIIIIIIIIII1111 os,�7 ����aR a� [1092 Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 4 19. Construct equestrian trail and bikeway along the Whitewater Wash as identified in the General Plan. The final alignment shall be coordinated with CVWD, RCFCWCD, and the City as part of the Final Planned Development District_ 20_ As a part of the Final Development District, a Wildlife Management Plan will be submitted for approval to the Airport Authority and the Director of Planning and Zoning. 21.Applicant shall provide a revised project description and design standards within thirty(30) days of City Council approval 22.All existing and proposed overhead utility lines that are less than 35 kV onlor adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility companies that the required deposit to underground the facilities has been paid prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of certificate of occupancy. 23.All residential development shall be subject to parkland dedication requirements and/or park improvement fees. The dedication, payment of fees or combination thereof shall be required prior to issuance of building permits. Parkland mitigation amounts shall be based upon the costs to acquire and fully improve parkland and shall be adopted by ordinance or resolution. 24,The Mitigation Monitoring Program from Case No 5.0666-B, The Palm Springs Classic, shall be incorporated into these Conditions of Approval by Reference. General Conditions: 25. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations, except as specifically modified in this approval. 26. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0666 - 13- PD-231, The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense,the applicant shall not, �I��III�II�IIIlIII�IIIIIII�II���IIII�IIIII��IIIII��IUI 06J10��080�20@fl , 008063 r Tentative Tract Map 32233 November 17. 2004 Conditions of Approval Page 5 thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 27.That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owners sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 28- Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 29. The grading plan shall show the disposition of all cut and fill materials. Limns of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 30. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 31. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. POLICE DEPARTMENT: 32. Developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal Code- WASTE DISPOSAL SERVICES: 33-The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 34. Prior to any construction on-site,all appropriate permits must be secured- 1 IIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ae2�02 oosea�ase r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 6 FIRE: 35, Fire Department Access:A secondary Fire Department access road shall be provided and maintained in the Southern portion of TTM 32558 on the Cathedral City side. 36. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The City of Palm Springs approved turn around provision is a cul-de-sac with an outside turning radius of 43 feet from centedine. (902 2.2.4 CFC). On the existing plan these need to be addressed at Lot 6 on TTM 32557, on Street K, which is shown on Sheet 1 of TTM 32233. Also on Streets W and Y which are shown on Sheet 2 of the same TTM_ On Sheet 3,Street HH is also excessive in length_ 37. Turning Radius: Inside turning radii for roundabouts needs to be a minimum of 30 feet. Any medians or islands need robe size accordingly. The turning radius for Lot 414 on Sheet 3 appears to be undersized, Please show dimensions upon re-submittal. 38. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC), Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9-2.1 NFPA24) 39. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting,walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 40. Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 41.Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6"_ Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) I 42.Relocate the well site away from the Vista Chino entry. ENGINEERING: STREETS �1111111111111IN11111111I1111111111111111111111IN as20�2 5 4=a320&, Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 7 1- Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit, 2. Developer shall obtain State permits and approval of plans for all work done on State Highway 111 (Gene Autry Trail)_ A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits- 3- Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division, The plan(s) shalt be approved by the City Engineer prior to issuance of any grading or building permits. STATE HIGHWAY 111 (GENE AUTRY TRAIL) 4. Dedicate additional right-of-way to provide the ultimate half street width of 55 feet along the entire frontage, together with a property line - corner cut-back at the southeast corner of Gene Autry Trail and Vista Chino in accordance with City of Palm Springs Standard Drawing No. 105, unless otherwise already dedicated by Parcel Map 30928, 5. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus tum-out, unless otherwise already dedicated by Parcel Map 30928. 6. Dedicato an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way, unless otherwise already dedicated by Parcel Map 30928. 7. Abutters rights of access to Gene Autry Trail shall be dedicated to the City of Palm Springs except at specifically approved locations. 8. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the northeast corner of Gene Autry Trail and Classic Drive in a location to be agreed upon by the City and Sunline Transit Agency. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories, as required by Sunline Transit Agency, shall be provided by the developer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233, 9. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage_ The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. !llllilIIIIIIIIIIIIII!Iilllll111illIIII111111li11II11116@fe0'as sw 09P MON f Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 8 10- Modify the existing left-turn lane to provide a 150 feet long southbound left-turn storage lane at Gene Autry Trail and Chia Road, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer- This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 11. Modify the existing left-tum lane to provide a 400 feet long southbound left-turn storage lane at Gene Autry Trail and Tachevah Drive, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, Including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 12- Coordinate the location of the intersection of Gene Autry Trail and Classic Drive with the City Engineer and the Executive Director of the Airport. Upon approval of the intersection location, relocate the existing northbound left-turn lane location as required to access the airport commercial properties, and provide a 375 feet long southbound left-turn storage lane at Gene Autry Trail and Classic Drive, or as may modified by the Traffic Report and approved by the City Engineer. Existing intersection improvements, median improvements, including landscaping, lighting and irrigation, shall be removed, reconstructed or modified to the satisfaction of the City Engineer, Modification and reconstruction of the existing parking lot and driveways at the airport necessary to facilitate the relocated intersection shall be completed to the satisfaction of the City Engineer and the Executive Director of the Airport. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. VISTA CHINO 13, Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way, unless otherwise already dedicated by Parcel Map 30928. 14. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turn-auk, unless otherwise already dedicated by Parcel Map 30926, 15. Abutters rights of access to Vista Chino shall be dedicated to the City of Palm Springs except at specifically approved locations- 16. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide bus tum-out, with adjacent 12 feet wide, colored concrete sidewalk, at the southeast corner of Vista Chino and Gone Autry Trail in a location to be agreed upon by the City and Sunline Transit Agency. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus lllllil�llllllllljllf!!fl1�1111I11IIIllIll�ll111I1lIlll �7�2 oi5 38R0R r ' Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 9 stop furniture and other accessories shall be furnished,, as required by Sunline Transit Agency. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. IT Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division_ This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 18. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer from Gene Autry Trail to the easterly property line (approximate with the existing Whitewater Channel levee). Provide a 225 feet long westbound lei(-turn storage lane at Vista Chino and Gene Autry Trail. Easterly of the Whitewater Channel levee, provide a striped median with a minimum 150 feet long westbound left-turn lane at Vista Chino and North Drive. Left-tum pocket storage lengths and transitions shall be designed in accordance with the current Caltrans Highway Design Manual. Additional paving and street widening along the north side of Vista Chino shall be provided as necessary to construct the required median improvements. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233_ SAN JOAQUIN DRIVE 19. Dedicate additional right-of-way at the northerly end of San Joaquin Drive to provide an off-set cul-de-sac or lurn-around, or as otherwise approved by the Fire Marshall and City Engineer. The cul-de-sac shall have a minimum curb radius of 58 feet, as required by the City of Cathedral City, or as otherwise approved by the Fire Marshall and City Engineer_ This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 20. Construct a 6 inch curb and Buller, 18 feet west of centerline along the entire frontage and throughout the off-set cul-de-sac or turn-around, as approved by the Fire Marshall and City Engineer, in accordance with City of Palm Springs Standard Drawing No. 200. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 21. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 within the cul-de-sac at the northerly end of San Joaquin Drive for service and emergency vehicle access into the development as required by the City Engineer and/or Fire Marshall, 22. Construct a 6 inch thick concrete driveway from the driveway approach within the cul-de-sac at the northerly end of San Joaquin Drive across Lot 552 as necessary to provide access from San Joaquin Drive to the on-site street system as required by the City Engineer and/or Fire Marshall, JI 1111111111111111111f11)IIIIIIIIIIIIII[11IIIIIIIIII(IIII �c�002!8anf a2 o00on-8 r J Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 10 An alternative to concrete pavement may be approved, subject to review and approval by the Fire Marshall- 23. Construct a minimum pavement section of 2% inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from clean.sawcut edge of pavement to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No, 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values From the project site and submitted to the City Engineer for approval. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233_ ON-SITE STREETS 24. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposes, and for service and emergency vehicles and personnel ingress and egress, over the private streets. 25. Dedicate an easement, 20 feet wide, for service and emergency vehicles and personnel ingress and egress, over Lot 652 as necessary to provide access from San Joaquin Drive to the on-site street system. 26. Construct a wedge curb, acceptable to the City Engineer, 1S feet on both sides of centerline along file entire frontages, and throughout the cul-de-sacs. 27. Construct a wedge curb, acceptable to the City Engineer, 14 feet on both sides of centerline along the entire frontages of those on-site streets identified as Streets "00" (adjacent to Lots 292-294 [north end] and adjacent to Lots 305 and 306 [south end]), "PP" (adjacent to Lots 224 and 225 [north endj and adjacent to Lots 252 and 253 [south end]), `SS' (adjacent to Lots 211 and 212 [west end], and "W'. Parking shall be restricted along one sides of these streets, as necessary to maintain a 20 feet wide clear access way, Regulatory Type R26 °No Parking" signs or red curb shall be installed on one side of these streets to prohibit on-street parking, A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Codes, Covenants and Restrictions required for the development, 28. All on-site cul-de-sacs shall be constructed in accordance with City of palm Springs Standard Drawing No. 101, A minimum 43 feet inside radius shall be required for all on-site cul-de-sacs. 29. All on-site "knuckles" shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104, 30. On-site streets without a cul-de-sac or other approved turn-around shall not extend a distance of 150 feet or more from the intersecting street. On-site streets with a length exceeding 150 feet shall provide a hammerhead turn-around or other access as approved by the Fire Marshall, }IIIIIIIIIIIIIIIIIIIIIIilillllllflllllllllllll lllllll �B 29 oSQ@2 Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 11 31. Construct a minimum pavement section of 2% inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnicai Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER 32. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes_ 33. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits_ X Construct an 8 inch sewer main within Mission Drive and San Joaquin Drive as necessary to extend public sewer service to the development. 35, Construct an 8 inch sewer main within all on-site streets and connect to the existing public sewer system in Gene Autry Trail and/or San Joaquin Drive. All sewer mains constructed by the developer and to become part of the public sower system shall be televised prior to acceptance of the sewer system for maintenance by the City_ 36. Payment of applicable sewer assessment or sewer surcharge fees (W any) shall be paid prior to issuance of building permits_ GRADING 37, Submit a Grading flan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificates) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and i I llilti ll///fl llll liil lflllll ll�lllllil l l llll lull ll� � 117a Aa Q5eOB1 O DA r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 12 . information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Dlio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of a final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Sails Report; and a copy of the associated Hydrology Study/Report. DRAINAGE 35, All stormwater runoff passing through and falling onto the site shall be accepted and conveyed through the property, consistent with an approved hydrology/hydraulic study. 39- Drainage easements shall be reserved on the Final Map where and as required to convey off- site stormwater runoff across the property, in accordance with an approved hydrology/hydraulic study_On-site drainage easements shall be privately maintained by a Homeowners Association. 40. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs Area."Validated costs incurred for the design and construction of storm drainage improvements adjacent to or within the project as shown in the Master Drainage Plan may be credited toward the drainage fee otherwise due. Coordination with Riverside County Flood Control & Water Conservation District (RCFC) shall be required to determine acceptable methods of providing storm drainage improvements consistent with the Master Drainage Plan- Credit for or deletion of required drainage implementation fees will require review and approval by RCFC of proposed storm drainage systems, detention and retention basins, and storm drain outlet systems into the Whitewater Channel. If required as a condition of credit for or deletion of storm drainage implementation fees, a cooperative agreement between the property owner(s), the City of Palm Springs and RCFC shall be made whereby storm drainage easements for Master Drainage Plan facilities are provided to RCFC within the project, and storm drainage improvements are designed and constructed to the satisfaction of the City Engineer and RCFC- MAP 41. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 42. In accordance with Section 66434 (9) of the Government Code, the westerly 15 feet of public llllliillillll1111 Pi1111111111111111111111111111111 os20N3 @48s4s5 �0fl ,1 i F Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 14 47_ Based on the Traffic Impact Study prepared by Endo Engineering, dated March 2003, the following mitigation measures shall be addressed prior to issuance of a building permit on any of the proposed parcels: A. pay the proportionate fair share contribution of $22,425 (14.95%) of a traffic signal at Gene Autry Trail and Via Escuela. B. Pay the proportionate fair share contribution of$18,140 (18.14%)of the cost to construct a northbound right-turn lane on Farrell Drive at Vista Chino. C. Pay the proportionate fair share contribution of 18A4% of the cost to construct a southbound left-turn lane on Farrell Drive at Vista Chino. An engineers estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval- D. Pay the proportionate fair share contribution of 4.9% of the cost to construct a southbound left-turn lane on Farrell Drive at Ramon Road_ An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. E. Pay the proportionate fair share contribution of 6.61% of the cost to construct a southbound through lane on Cathedral Canyon Drive at Ramon Road. The fair share contribution shall be held in trust for the City of Cathedral City until such time as the intersection improvements are constructed. An engineers estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. 48. Submit traffic striping plans for improvements to Vista Chino prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer. 49. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer_ As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, [)apartment of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 50.This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permits. Illllllllllllllll El111111 lllll1111lllllllll11 �5,@°�9aQe E3z a, OHO DOC " zoos-0484'._.LS 1 06/17/2005 08:00Q ree:NC Page 1 of 33 RECORDING REQUCSTED BY; Recorded in Official Records CITY OF PALM SPRINGS County of Riverside Larry U. Ward Assessor, County Clerk Id Recorder 1 AND WHEN RECORDED MAIL TO; f��II �I�� All I I I�I�I�I�I I�li�l III�IIlI I��I IIII City of Palm Springs P. Q. Box 2743 M 5 PHw 32E W PCIX HOCOR i ff NiSC Palm Springs, CA 92263 - Attn: City Clerk n fl L WW LaNC RCr.INo FCHC LIU Filing Fee EXEMPT per Government Cade 6903 AJ , Pafl-n Springs Classic I_f_C A5088 Subdiv Imrpov Final Map 32233-3 A5088 Res 21254, 05-04-05 Subdivision Improvement Agreement Palm Springs Classic LLC-Final Map 32233-3 TiNe of Document f I THIS AREA FOR RECORDERS' USE ONLY THIS PAGE ADDED TO PRCVIDC ADEQUATE SPACE FOR RECORDING INFORMATION (a3.00 Additional Recording Fee Applies) H:\VISEPS\CQICUyCCOft�Qi\RELOftD.ptQ,dDc DODO a�' SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM SPRINGS CLASSIC, LLC A DELAWARE LIMITED LIABILITY COMPANY DRIGINAL BID ANDI6R AGREF"E{VT 38 R9R oaQ© 7F$ TABLE OF CONTENTS 1.Construction obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . . 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1-4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 PerfarmanceofWork - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - 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 Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - 4 2.3 Farce Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . - - - - . . . . . . . . . . . . . . . . 4 °° 4• 3.1 Labor Standards . . . . . . . . . . . . . . . . 5 v,wm 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 N� 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.1 Required Security - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5 42 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.3 Subdividers Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.5 Release of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5. Cost of Construction and Provision of Inspection Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 WMET 5,1 Subdivider Responsible for All Related Costs of �^ Construction . . . . . . . . . . . _ 5.2 Payment to City for Cost of Related Inspection and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6_ Acceptance of Offers of Dedication - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8 i 7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . P 8- Default . . . . . . - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8A Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . 8 8,2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.3 Attorneys Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9. Indemnity - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 General Provisions . . - , . . . . 9 10-1 Successors and Assigns . . . . . . . . . - - - - - - - - - - - - - - - - - - _ . . . . . . . . . - - . . 9 102 No Third Party Beneficiaries - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . 9 103 Entire Agreement; Waivers and Amendments . . . . . . . . . 11 - - - - - - - - - - - - - - - - 9 11. Corporate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 -0 S MOM 11 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT(this"AgreemenC')is entered into this Iat day of '�r4a,� 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation of the Stat�fornia ("CITY'), and PALM SPRINGS CLASSIC, LLC, a Delaware Limited Liability Company("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 32233-3, 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 easements for public utility and sewer purposes shown as"3' PUE"and 1 U PUE", along and adjacent to all private streets; easements for public utility and sewer purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over Lots"A" through "O", inclusive; and easements for public utility and sewer purposes over Lots "P" through "R"; and City desires to accept said dedication and certain other improvements as described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and reialed 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. Subdivideft agreement to construct and install the Works or 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. Constructicn Obllig 'ons. 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 $2,145,000.00. 1.2 Other Obligations Referenced in Conditions of Tentative Map Ae rp oval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property.The conditions of approval associated with the Tentative Map are included as Exhibit"B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdividershall perform orcause to be performed in a manner acceptable to the City Engineer(or his/her designee)and in full compliance with all codes and the IIlIII r�l�lll 111111111111111111111111111111111111111 8805 84808-1 1 eervr2ses es�aeq sN2z3 O00077 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 orshop drawings as are necessary to adequately control the work.Without the City Engineers 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,Subdividerwill place survey monuments) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City or 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 Defeclive Work_ Subdivider shall cause its contractorto repair, reconstruct, replace,or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty_by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1,9 Authority of the City Engineer.neer. 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. IIII IIIIIIhll I►IIII 111 IIIIIII IIIIIIII III 1702 B£5 22 961MR 2 000078 1.10 ❑ocuments 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 an 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 Subdividers contractor(s) regarding the Works of improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.Afterexamination,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 malenals or work may have been previously overlooked or accepted. 1.12 Compliance With l.aw_ 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 Susnension_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 FbAlAcceptance 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 flems, the procedure shall then be the same as specified above for the contractor's initial request for final inspection_ If items are found by City's inspector to be incomplete or not in compliance after two(2)"final"inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencgment 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 thf� III �� II II1 I I I IIII IIIII II I! � �I 26f,526@ 08 5 3 esri7rsees ss�00p 7 of 33 00007,9 U00 p 30 days following City's approval of the Plans("Commencement Dale");and(ii)complete 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 maybe 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 foilureto satisfy such phasing requirements,as the same now exist or maybe amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Properly 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 shalt not include any period longer than five(5)days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion,and shall not abandon the work for a consecutive period or more than thirty(30) days, events of Force Majeure excepted. 2,5 Reversion to Acreage- In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4_ 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. I���III IIIIIIf�lll III �IIIIII III I�I��I III III�I II IIII EeA 8 of 38 l 4 0br Y7/280688 88R 0080 ''� p ry� Q0Fl® p 'iL 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 Improvementto carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractorand subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security, 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below(hereinafter"Security Instruments"): (1) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement("Faithful Performance Security Instrument"), in the amount of$�2 145.000.00 equal to 100% of the estimated construction cost referenced in Section 1 A. (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 I nprovemenl in an amount equal to $1.072.500.00,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$18. 000.00 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 arrant .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 fora period of one(1)year following said acceptance("Maintenance and Warranty Security Instrument'), in the amount of$321.750.00 equal to '15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 42 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 Illlllllllllllllllllllllllll IIII IIIIIII IIIIIIIIIIIII g62Ae9 8Op 33 8ag OQ 5 oOO 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 byan 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 i£ Poor's. (b) Letters Qf Credit. For Security Instruments which are letters of credit,any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City_ Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdividers interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. . (d) General Requirements for all Security Instruments. (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 die 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. 4.0 Subdividers Uability. 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 [hereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 .Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit(expiring in not less than one (1) year, unless City agrees to a lesserterm in City's sole and absolute discretion) is not delivered not I IIIIII Illllil I I II IIIIII li Illlil III lilli III III osmB aee��s8ae3eon 6 less than thirty(30)days prior to the expiration of the original letter of credit,such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City,with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of Ctty'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: (1) 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 W of Division 3 or 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 wananty 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 Cast of Related Ins n and Engineering Services_ Subdivider shall compensate City for all of Cily's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdividershall 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 limitalion, charges for applicable penalties and additional required inspections. IIIII�IIIIIIIIIII1IIIIIIIII III IIIIIII1II IIII os2Beni0Of 22oR� UO 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.Such resolution(s)shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1)year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one(1)year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider,within fifteen(15)days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider_ The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8, Default_ 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. • 8.2 City Rioht to Perform Work. In addition to whatever other rights or remedies it may have far 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 falls 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 aftomoy's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a parry entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation.All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, I llllll 1111111 El 1111 PIE 111111111111111111111 E,ti 2°aka ova ao 8 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 Subdividers 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 AgreemenL Waivers and Araiendments, 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. Comer orate Authority. The persons executing this Agreement on behalf or the parties hereto warrant the (1) such party is duly organized and existing, (fi) 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. + A * * A (Signatures on Next Page) 11111l111I11l111111111111111111111f111III Hill 111111106?°G4osa,39O 9 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 �! James Thompson. Ci y Clerk David 1.1. Ready, C' Hager r ECOMMENDE jD�BY: APPROVED BY MY COUNCIL David Barakian, City Engineer :;y AS Tt) FARM SUBDIVIDER: ttorneyPALM SPRINGS CLASSIC, LLC, a Delaware Limited Liability Company �s� 'late By: Lennar Homes of California, Inc., a California Corporation, Managing Member (Check One: individual, ^partnership, X corporation) By: Signature` ' Lay: �bryt zArUKS VICE 1RG6�1]! n]i Name and Title Lay. ���}} Signature s�}} p By; T 5nN pe-Ar21N �i55157Ph1 i SEUfZ�Ft2`` Name and Title JJ Mailing Address: 391 North Main Street, Suite 301 _ Corona California 92880 _ (951) 817-3500 II�III II11 I I II��II�1I II�II IIlltll I II '17/20 508s 0 to 06/171P0p$P33 L4 Of 33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of P e r 1 d IF On •y A-Y4X2 before me, c V� ILL._ G Ol�f�l"yr��u�pito r DEW t�� Nnmo nndn'l-krnl Olfktt(o.P.° 0rj Wy Puhlloq personally appeared Dqy Ld_1ZReC{fir Cr h r� Sc wmq S 7-k D a n , f—Numel.)olspnaga) oersonaliy known to me El pre-Ws ctory ovjdarlee- to be the persono whose name[7s ' /are subscrfhad to the within instrument and JIIM A NICHOLS acknowledged to me that W`34(9i3 executed Commission#1487823 z the as a In 444zer� aulhorized -i Notary Public-Callfomle 5 capacity le and that by ht&4o tlED Rlvenlde County [ signatures on the Instrument tha person(,or _ M1VCOrrMaFxprfA1ay21.200E� the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 0 e1p,v11ura of ryaC'Y Wlm OPTIC), though the{AObrvahon d msy prove Valuable m prime=raiying on the document end wuid pfuvent fraudulent removal and remfE4glwnt of this fora,ro ar lher)vaument. Dese • ton of Attached Doettment Title or Type of Do ant ._ - Document Pate. •„_Number of Pages: ._ Slgner(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual lop of hump hint • Corporate Officer—Titlo(s): _ ❑ Partner—❑Limited ❑Gencral • Attomey-in-Fact • Trustee ❑ Guardian or Conservator fa Other. Signer Is Representing;. _ m 1e2a N5IblAl Nina,MOMlalim•e2lbNMlavc,PC.eoa 211e:1glalMpAh,LA otat9 2102•rrxw.nononilNnwryo,u Pld No 5B01 llama.call la•Pme 1-806ra-PO."T IIIIIIIIII�IlII1111111�IIIIII�IIIIrNlllll�llllllllllll zB o80'92a 80R O60087 CALIFORNIA ALL-PURPOSE AC10OWLEDGEMENT State of California County of Riverside On �� 2005 before me, .lillian Newman a Notary Public, personally appeared Tom Banks, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the persona, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Seal 11111111111111108 0020119z I Illl I{111111 lll{if I{I11111{lll llllll IGEM CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On 1A► 4Uj 1j , 2005 before me, Jillian Newman a Notary Public, personally appeared Jason Perin, personally knoti�z to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNTSS my hand and official seal. comLIM m�0*143 a x NaiwV4�nc-�Otnomta S 3 Aga County '� MY��gypytasPu9l5.2�7 Notary Seal I11E11111411111111111111111111111111 111111illfl IN 962e017 ,r 33���^ EXHIBIT"A" TRACT MAP 32233-3 LEGAL DESCRIPTION Tract Map No.32233-3,as recorded in Map Book , Pages —15 through 60 inclusive, records of Riverside Ccun%r, Califomia_ 111IIII�II�III If11111 IIIIII�Ifll Ill�fl III�ill� III li�l W.2005 s,ZAA zs osaZ3sari 003aIR0 EXHIBIT"B" TENTATIVE TRACT MAP 32233 CONDITIONS OF APPROVAL oa �11111111I1411f1llhi111I111ll11I111ll III Will 111111 , 19 of 3 £ 33 � � w • 4 I * TENTATIVE TRACT MAP 32233 —TIE PALM SPRINGS CLASSIC, ESCENA i,;f , ,-. '. ;! T;� ."•l.l .i'ITr.'f 1000 GENE AUTRY TRAIL NORTH ;i•,f 5,¢ ;p; rZn.rF rr r APN 677-220-007 ET. SEQ., SECTION 7, 18_ FINAL CONDITIONS dF APPROVAL APPROVED: NOVEMBER 17, 2004 EXPIRES: NOVEMBER 16, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition- Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING: Project Specific Conditions: 1_ The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a foe of$1,314.00 plus an administrative fee of $60.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid_ 2. The final development plans shall be submitted in accordance with Section 94.03,00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, reef plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 3. The city reserves the right to review, or conditionally approve final PDID and Tentative Tract Maps. Additional conditions will be based upon the submittal and based upon the approved Planned Development application, design review and City codes and ordinances. 4. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit_ Landscape plans shall be approved by the Riverside County agricultural Commissioner's Office prior to submittal. Page 1 f I��Ifll lll�li llll llll llll�II III I�IIII III I�IIIII II III 290 29 of 3e ssea r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 2 5. Prior to issuance of a grading permits, Fringe Toed Lizard Mitigation fees shall be paid. 6. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of all lofs and all parcels for all land uses, 7. The applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's")to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to submittal of a final map and approval prior to building 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 condition and in accordance with all ordinances, 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,500.00,for the review of the CC&R's by the City Attorney. 9. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadways, airport noise and adjoining M-1-P zoned developed and vacant properties. Said disclosure shall inform perspective buyers about traffic, airport noise, future industrial development and other activities which may occur in this area. This is an addition to the standard avigation and easement and nonsu t covenant. 10.An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning and Zoning prior to the issuance of building permits for each phase or development area. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. A photometric study shall be required for all parking areas, driveways and entries. 11,This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the feeing being 1/2% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt- Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 12. Pursuant to Park Fee Ordinance No_ 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building IIIIIIM�IIIII III IIII�IIIIII IIIIIIIIII Illglllllllll�I a�200�Beo Wo 09A OHM r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 3 permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland- 13. The project will bring a significant number of additional residents to the community. The Citys existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library and cultural services are near capacity, Accordingly, the City may determine to form a Community Services District under authority of Ord. C. Section 53311 et seq, or other appropriate statutory or municipal authority_ Developer agrees to support Vie formation of such assessment district and shall waive any right of protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator_ The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel. 14. Prior to any ground disturbing activity, including clearing and grabbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface_ 15_A Native American Monitor shall be present during all ground-disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Ague Caliante Cultural Resource Coordinator for approval. 16.One copy of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department. 17.The developer shall construct off-site sidewalk improvements on the south side of Vista Chino between Via Roberto Miguel and Gene Autry Trail. The sidewalk shall be constructed at a time when the Planning Commission determines it is appropriate, based upon residential demand. Factors to be considered are to include number of dwelling units proposed for development and proximity of said units to the intersection of Vista Chine and Gene Autry Trail, .18. Construct Bus Shelters consistent with the Sunline Transit Agency that are custom designed in keeping with the character of the project. The custom bus shelters shall not have any advertising and shall be maintained by the project unless a separate maintenance agreement with the developer and Sunline Transit Agency is entered Into for Sunline Transit Agency to provide maintenance. 111111111 ill 111111111111111 fill 1111111111111111 it INo6 200 �5sa5 a� 1 / l Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 4 19. Construct equestrian trail and bikeway along the Whitewater Wash as identified in the General Plan. The final alignment shall be coordinated with CVWD, RCFCWCD, and the City as part of the Final Planned Development District. 20.As a part of the Final Development District, a Wildlife Management Plan will be submitted for approval to the Airport Authority and the Director of Planning and Zoning. 21.Applicant shall provide a revised project description and design standards within thirty(30) days of City Council approval 22. All existing and proposed overhead utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility companies that the required deposit to underground the facilities has been paid prior to issuance-of a grading permit. All undergrounding of utilities shall be completed prior to issuance of certificate of occupancy- 23.All residential development shall be subject to parkland dedication requirements and/or park improvement fees- The dedication, payment of fees or combination thereof shall be required prior to issuance of building permits, Parkland mitigation amounts shall be based upon the costs to acquire and Fully improve parkland and shall be adopted by ordinance or resolution. 24. The Mitigation Monitoring Program from Case No 5.0666-8, The Palm Springs Classic, shall be incorporated into these Conditions of Approval by Reference. General Conditions: 25. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions Which supplement the zoning district regulations, except as specifically modified in this approval. 26. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, ac[ion, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, vbid or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative Officers concerning Case 5.0666 - 13- PD-231. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, 1 III�IiI��I�III�IIIIIIIilfl�llIIIIIII{�IIIIIIIIIII�IIIi/ tea eN31 0@ 9 /1712005 08 00R O'Gfl��J� r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 5 thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, (he City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 27.That the property owner(s) and successors and assignees in interest shall maintain and repair the•improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having Jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 28. Prior to issuance of a grading permit. a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 29.The grading plan shall show the disposition of all cut and fill materials_ Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 30. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project_ Section 14.24.020 of the Municipal Cade prohibits nuisance water from entering the public streets,roadways or gutters. 31.All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. POLICE DEPARTMENT: 32. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 33.The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details_ BUILDING DEPARTMENT: 34. Prior to any construction on-site, II all appropriate pen-nits must be secured. I I111111 III�I�1 II���YII�I�I�II III I�I��!I�I�II���4I�4�II 9e 2Atl 124 o BB 30C'R Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 6 FIRE: 35. Fire Department Access: A secondaiy Fire Department access road shall be provided and maintained in the Southern portion of TTM 32558 on the Cathedral City side. 36.Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The City of Palm Springs approved turn around provision is a cul-de-sac with an outside turning radius of 43 feet from centerline- (902.2.2.4 CFC). On the existing plan these need to be addressed at Lot 6 on TTM 32557, on Street K. which is shown on Sheet 1 of TTM 32233. Also on Streets W and Y which are shown on Sheet 2 or the same TfM- On Sheet 3, Street HH is also excessive in length- 37. Turning Radius: Inside turning radii for roundabouts needs to be a minimum of 30 feet. Any medians or islands need to be size accordingly. The turning radius for Lot 414 on Sheet 3 appears to be undersized. Please show dimensions upon re-submittal. 38- Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9-2.1 NFPA 24) 39. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcovor plantings. 40, Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 41. Access During Construction: Access for fire fighting equipment $hail be provided to the immediate job site at the start of construction and maintained until all construction is complete- Fire apparatus access roads shall have an unobstructed width of not loss than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 42. Relocate the well site away from the Vista Chino entry. ENGINEERING: STREETS �II�I�� I�III��II l�ll II�III ��II III��I I I I��II�I�l��II 00��7 200of 32 0000 'S7 Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 7 1_ Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Developer shall obtain State permits and approval of plans for all work done on Stale Highway 111 (Gene Autry Trail)_A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. 3_ 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. STATE HIGHWAY 111 (GENE AUTRY TRAIL) 4. Dedicate additional right-of-way to provide the ultimate half street width of 55 feet along the entire frontage, together with a property line - corner cut-back at the southeast corner of Gene Autry Trail and Vista Chino in accordance with City of Palm Springs Standard Drawing No. 105, unless otherwise already dedicated by Parcel Map 30928. 5. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turn-out, unless otherwise already dedicated by Parcel Map 30928, 6. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way, unless otherwise already dedicated by Parcel Map 30928_ 7. Abutters rights of access to Cane Autry Trail shall be dedicated to the City of Palm Springs except at specifically approved locations_ 8. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the northeast corner of Gene Autry Trail and Classic Drive in a location to be agreed upon by the City and Sunline Transit Agency. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories, as required by Sunline Transit Agency, shall be provided by the developer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 9. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. IIlIIIIIlllllllillllllllllilltillllllllllillilllllIIIII °°ae�zs a5oe32 0000� � Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 8 10. Modify the existing lent-lum lane to provide a 150 feet long southbound left-turn storage lane at Gene Autry Trail and Chia Road, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 11. Modify the existing left-tum lane to provide a 400 feet long southbound left-turn storage lane at Gene Autry Trail and Tachevah Drive, or as may be modified by the Traffic Report and approved by the City Engineer, Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233_ 12. Coordinate the location of the intersection of Gene Autry Trail and Classic Drive with the City Engineer and the Executive Director of the Airport Upon approval of the intersection location, relocate the existing northbound left-turn lane location as required to access the airport commercial properties, and provide a 315 feet long southbound left-turn storage lane at Gene Autry Trail and Classic Drive, or as may be modified by the Traffic Report and approved by the City Engineer. Existing intersection improvements, median improvements, including landscaping, lighting and irrigation, shall be removed, reconstructed or modified to the satisfaction of the City Engineer. Modification and reconstruction of the existing parking lot and driveways at the airport necessary to facilitate the relocated intersection shall be completed to the satisfaction of the City Engineer and the Executive Director of the Airport- This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. VISTA CHINO 13, Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way, unless otherwise already dedicated by Parcel Map 30928. 14, Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turn-out, unless otherwise already dedicated by Parcel Map 30928, 15. Abutters rights of access to Vista China shall be dedicated to the City of palm Springs except at specifically approved locations_ 16. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the southeast Comer of Vista Chino and Gene Autry Trail in a location to be agreed upon by the City and Sunline Transit Agency. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunfine Transit Agency and the Director of Planning Services. Bus 11111f111f111111111IIINlllll101111111111111111#106 ��mQr I Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 9 stop furniture and other accessories shall be furnished, as required by Sunline Transit Agency. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 17. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage_ The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233, 18_ Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer from Gene Autry Trail to the easterly property line (approximate with the existing Whitewater Channel levee). Provide a 22-5 Feet long westbound left-turn storage lane at Vista Chino and Gene Autry Trail. Easterly of the Whitewater Channel levee, provide a striped median with a minimum 150 feet long westbound left-turn lane at Vista Chino and North Drive. Left-turn pocket storage lengths and transitions shall be designed in accordance with the current Caltrans Highway Design Manual. Additional paving and street widening along the north side of Vista Chino shall be provided as necessary to construct die required median improvements. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233, SAN JOAQUIN DRIVE 19. Dedicate additional right-of-way at the northerly end of San Joaquin Drive to provide an off-set cul-de-sac or turn-around, or as otherwise approved by the Fire Marshall and City Engineer. The cur-de-sac shall have a minimum curb radius of 58 feet, as required by the City of Cathedral City, or as otherwise approved by the Fire Marshall and City Engineer, This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 20, Construct a 6 inch curb and gutter, 18 feet west of centerline along the entire frontage and throughout the off-set cul-de-sac or turn-around, as approved by the Fire Marshall and City Engineer, in accordance with City of Palm Springs Standard Drawing No, 200. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 21_ Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 within the cul-de-sac at the northerly end of San Joaquin Drive for service and emergency vehicle access into the development as required by the City Engineer and/or Fire Marshall. 22. Construct a 6 inch thick concrete driveway from the driveway approach within the cul-de-sac at the northerly end of San Joaquin Drive across Lot 552 as necessary to provide access from San Joaquin Drive to the on-site street system as required by the City Engineer and/or Fire Marshall. 1 Illlhllllllllllllllllllllllllllllllllllllllliflllllll 06zas 20 o$4551 03000 000109 ^1 1 I Tentative Tract Map 322.33 November 17, 2004 Conditions of Approval Page 10 An alternative to concrete pavement may be approved, subject to review and approval by the Fire Marsnall. 23. Construct a minimum pavement section of 2'% inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from clean sawcut edge of pavement to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No_ 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Goetechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. ON-SITE STREETS 24, Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposes, and for service and emergency vehicles and personnel Ingress and egress, over the private streets. 25. Dedicate an easement, 20 feet wide, for service and emergency vehicles and personnel ingress and egress, over Lot 552 as necessary to provide access from San Joaquin Drive to the on-site street system. 26_ Construct a wedge curb, acceptable to the City Engineer, 18 feet on both sides of centerline along the entire frontages, and throughout the cul-de-sacs_ 27. Construct a wedge curb, acceptable to the City Engineer, 14 feet on both sides of centerline along the entire frontages of those on-site streets identified as Streets "00" {adjacent to Lots 292-294 [north end] and adjacent to Lots 305 and 306 [south end]), "PP" {adjacent to Lots 224 and 225 [north end] and adjacent to tots 252 and 253 [south end]), "SS' [adjacent to Lots 211 and 2-12 [west end], and "W- Parking shall be restricted along one sides of these streets, as necessary to maintain a 20 feet wide clear access way. Regulatory Type R26 "No Parking" signs or red curb shall be installed on one side of these streets to prohibit on-sfreet parking. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Godes, Covenants and Restrictions required For the development. 28. All on-site cul-de-sacs shalt be constructed in accordance with City or Palm Springs Standard Drawing No. 101. A minimum 43 feet inside radius shall be required for all on-site cul-de-sacs. 29. All on-site "knuckles" shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104, 30. On-site streets without a cul-de-sac or other approved turn-around shall not extend a distance of 150 feet or more from the intersecting street On-site streets with a length exceeding 150 feet shall provide a hammerhead turn-around or other access as approved by the Fire Marshall. I I flllif l(111II111(IN1111(11 Jill 1111111111111II11111110V1??0W_9 eG.QA Goa 101 r r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 11 31. Construct a minimurn pavement section of 2Y2 inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER 32. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 33. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 34. Construct an 8 inch sewer main within Mission Drive and San Joaquin Drive as necessary to extend public sewer service to the development. 35. Construct an 8 inch sewer main within all on-site streets and connect to the existing public sewer system in Gene Autry Trail and/or San Joaquin Drive. All sewer mains constructed by the developer and to become part of the public sewer system shall be televised prior to acceptance of the sewer system for maintenance by the City. 36. Payment of applicable sewer assessment or sewer surcharge fees (if any) shall be paid prior to issuance of building permits, GRADING 37. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval- The applicant and/or its grading contractor shall be required to comply with Chapter 8-50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control.Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certifcate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Contra[ Class and i IIIIII Il�li �II�II� If�l�ll III l�I���tll 111�I�III II�� os 17 2 Se0S°s3esn Q�j��rid't? i Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 12 information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10° Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba a[�i .QMD.gov. A Fugitive Dust Control plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of a final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. DRAINAGE 38. All stormwater runoff passing through and failing onto the site shall be accepted and conveyed through the property, consistent with an approved hydrologylhydraulic study. 39. Drainage easements shall be reserved on the Final Map where and as required to convey off- site stonmwater runoff across the property, in accordance with an approved hydrology/hydraulic: study_ On-site drainage easements shall be privately maintained by a Homeowners Association. 40. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs .4rea.-Validated costs incurred for the design and construction or storm drainage improvements adjacent to or within the project as shown in the Master Drainage Plan may be credited toward the drainage fee otherwise due. Coordination with Riverside County Flood Controi & Water Conservation District (RCFC) shall be required to determine acceptable methods of providing storm drainage improvements consistent with the Master Drainage Plan. Credit for or deletion of required drainage implementation fees will require review and approval by RCFC of proposed storm drainage systems, detention and retention basins, and storm drain outlet systems into the Whitewater Channel. If required as a condition of credit for or deletion of storm drainage implementation fees, a cooperative agreement between the property owner(s), the City of Palm Springs and RCFC shall be made whereby storm drainage easements for Master Drainage Plan facilities are provided to RCFC within the project, and storm drainage improvements are designed and constructed to the satisfaction of the City Engineer and RCFC. MAP 41. A Final Map shall be prepared by a California registered band Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval_ A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits, 42, In accordance with Section 66434 (g) of the Government Code, the westerly 15 feet of public a 1111li11111111111 El 11111111111111111i111111Ell as�s��a8�380q door�� T . .i .I Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 13 right-of-way for San Joaquin Drive may be abandoned upon the filing of a Final Map identifying the abandonment of the right-of-way granted to the City of Palm Springs- Prior to approval of a Final Map, the developer shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the portion of the public right-of-way to be abandoned. Prior to approval of a Final Map, the developer shall provide to the City Engineer a letter of approval regarding the proposed abandonment of the westerly 15 feet of San Joaquin Drive right-of-way from each public utility agency. 43. In accordance with Government Code Section 66493 (f), an application for reapportionment of the existing assessments related to Assessment District 155 levied against the properties shall be performed at the expense of the property owner, or the existing assessments shall be paid in full, prior to City Council approval of the Final Map. TRAFFIC 44. The total number of 1,450 single family and multi-family units, and 450 room resort hotel allowed within the development, as originally approved by Planned Development Unit(PO) 231, shall be decreased by the total number of additional residential units approved by the City of Cathedral City associated with Tentative Tract Maps 32557 and 32558 such that the overall total number of units, and the traffic generated therefrom, does not increase from the original total of units analyzed for the purposes of approval of PD 231, 45. The developer shall coordinate and prepare a traffic signal installation phasing plan. In accordance with developer proposed on-site phasing of residential construction, the installation of required traffic signals shall be phased as traffic signal warrants are met. Irregardless of a traffic signal installation phasing plan, any traffic signal shall be installed at any time and upon notice by the City Engineer that traffic conditions warrant installation, or the City's own analysis indicates warrants exist for its installation. The design of all required traffic signals shall be completed prior to approval of a Final map. The developer is responsible for the installation of a traffic signal, subject to the approval of Caltrans and/or the City Engineer, as required, at the following locations: A. Gene Autry Trail and Chia Road B. Gene Autry Trail and Classic Drive C. Vista Chino and (North Drive 46. in coordination with the design and installation of traffic signals along Gene Autry Trail, a traffic signal interconnect system, subject to the approval of Caltrans and/or the City Engineer, shall be provided on Gene Autry Trail from Vista Chino to Ramon Road. In conjunction with the design of required traffic signals, a traffic signal interconnect system shall be designed from Vista Chino to Ramon Road, as directed by the City Engineer and approved by Calf-ans. Reimbursement for 65,86% of the cost of the design and installation of the traffic signal interconnect system may be made through a reimbursement agreement between the City, Caltrans(if required)and the applicant. l l l�Ilkl lll�l��I�fl III IIIIII�III III�1�I�I IIIII IIII�II� vs 200 2oaos o�aeaa ! 1 Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 14 47. Based on the Traffic Impact Study prepared by Endo Engineering, dated March 2003, the following mitigation measures shall be addressed prior to issuance of a building permit on any of the proposed parcels: A_ Pay the proportionate fair share contribution of $22,425 (14.95%) of a traffic signal at Gene Autry Trail and Via Escuela. B. Pay the proportionate fair share contribution of$18,140 (18.14%) of the cost to construct a northbound right-tum lane on Farrell Drive at Vista Chino. C_ Pay the proportionate fair share contribution of 18.14% of the cost to construct a southbound left-turn lane on Farrell Drive at Vista Chino. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval- D. Pay the proportionate fair share contribution of 4.9% of the cost to construct a southbound left-turn lane on Farrell Drive at Ramon Road_ An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. E, Pay the proportionate fair share contribution of 6.61% of the cost to construct a southbound through lane on Cathedral Canyon Drive at Ramon Road. The fair share contribution shall be held in trust for the City of Cathedral City until such time as the intersection improvements are constructed. An engineer's estimate of the rest to construct the required improvement shall be provided to the City Engineer for review and approval. 48, Submit traffic striping plans for improvements to Vista Chino prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the Cily Engineer. 49. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 50.This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permits. OV117e 2695 a eat DOC U 200S-04S4SEia 05111/zODS 08:009 Fce;NC page 1 of 33 RECORDING REQUESTED BY: Recorded in Official Records CriY OF PALM SPRINGS County of Riverside Larry W. Ward Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: City of Palm Springs P. O. Box 2743 M y U rAa[ 5= OA F R NOGVIi 31AF Q Palm Springs, CA 92263 I 33 Attn: City Clerk ` AJ A R L COPW LONG REFU.q NCNC E Filing fee EXEMPT per Government code 6103 Palm Springs Classic LLC A5089 Subdiv Imrpov Final Map 32233-4 A5089 Ides 21255, 05-04-05 Subdivision Improvement Agreement Palm Springs Classic LLC Final Map 32233-4 Title of Dorument THIS AREA FOR RECORDERS' USE ONLY DUPLICATE THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additlonal Recording Fee AppIiE5) H:\US9z5\GCMREcnMm¢ RECORD.REQ.doc 00010516 SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM SPRINGS CLASSIC, LLC A DELAWARE LIMITED LIABILITY COMPANY ORIGINAL DID ANC/QR AGREEMENT i IIIIIIIIIIIlIIIIIIII IIIIIIIIIIIIIIIIIIIillfllllll 111 e6 7420 508tGen TABLE OF CONTENTS I.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Survey Monuments . . . . . - - - - - - - - - - - - - - - - - - - 2 1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - 2 1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - 2 1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 18 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - 2 1.9 Authority of the City Engineer . . . . . . . . . . - - - - - - - - . . . . . . . . . . 2 1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 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 - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 Commencement and Completion Dates . . . . . . . . . . . . . . . 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - 4 2.3 Force Majeurc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2A Continuous Work . . . . . . . . . . . — - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16 Time of the Essence - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . . . • - - - - - - 4 & Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - . . . . . . 4 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - 5 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Workers'Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - 5 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.-1 Required Security . - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.5 Release of Security Instruments . . .. . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - 7 6. Cost of Construction and Provision of Inspection Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5A 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 T Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 S. Default . - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - . 8 8A Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 82 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8-3 Attorney's Fees and Casts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - . - . 8 10 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 102 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11. Corporate Authority . . . . . . . . . . . . . - - . . . . . . . . . . . . . . . . . • • - - - - - - - - - - 9 s m n�m w am m o Lj N y' 0 1 A w N 1 m 0 �y 1 • , SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT(this"Agreement")is entered into this Sett: day of lNi��_ 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation of a State of California ("CITY"), and PALM SPRINGS CLASSIC, LLC, a Delaware limited Liability Company("Subdivider"). RECITALS A. Subdivider is the owner of,and has obtained approval of a subdivision map for Tract Map No. 32233-4, 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 easements for public utility and sewer purposes shown as "10' PUE", along and adjacent to all private streets,and easements for public utility and sewer purposes, togetherwith the right of ingress and egress for service and emergency vehicles and personnel,over Lots"A"through 'Y, inclusive; and City desires to accept said dedication and 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 �f to this Agreement and its public dedications and other improvements, as described in this �m� ©V Agreement, are a material consideration to City in approving the parcel map for the Property and permitting development of the Property to proceed. W M1 m 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 of cause to be constructed or installed tie 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 asset 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 $1 193 000.00. p= 12 Other Oblioadons 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 -- Properly. The conditions of approval associated with the Tentative Map are included as Exhibit"B" attached hereto_ 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer(or his/her designee) and in full compliance with all codes and the terms of this Agreement Subdivider shall complete a functional or operable improvement or facility; 1 000p 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 contractorshall 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 bysuch working or shop drawings as are necessary to adequately control the work.Without the City Engineer's priorwritten approval,no change shall be made by Subdivider or Subdividers contractorto any plan,specification,orworking 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 selling 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 ro yu setting of said monument(s), m�P 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, teals, 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. 1 8 No_Warranty by Gib. 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. 2 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all limes during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdividers contractor(s) regarding the Works of Improvement. Subdivlder shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.After examination,the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. Citys 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. e 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the 12 8- work for failure of the contractor to comply with law pursuant to Section 1,11. In case of suspension �u 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. D 0 1.14 Final Acceptance of Works of Improvement_ After Subdividers 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 far 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 perwormiing 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 ImprovementMM 36 da s following City's approval of the Plans("Commencement date");and(5)complete or cause to be completed all of the Works of Improvement two L2Lyors 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 maybe granted upon mutual agreement of the 3 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 CiVs 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 salisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the paymentof 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 Properly have not been completed to his satisfaction_ 2.3 Farce 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 a enforced delay hereunder shall not include any period longer than five(5)days prior to City's receipt wof a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a 6.0 right to extend its Lime for performance hereunder_ City Engineer shall evaluate all claims to Force mn� Majeure and his decision shall be final. cu� w 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 Acreaae. 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 65499.11-66499.20-3/4. 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 Properly 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. 4 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 tho 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 far the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4 Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below(hereinafter"Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance or all of the Works of Improvement("Faithful Performance Security Instrument"),in the amount of$1 193,000.00 equal to 100°% of the estimated construction cost referenced in Section 1.1. (4) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security a Instrument")with respect to the Works of Improvement in an amount equal to$596 000.00 equal to ;M 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 a required in Section 1.4 in the amount of$14A00.00 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 delivers Security Instrument warranting the work accepted fora period of one(1)year following said acceptance("Maintenance and Warranty Security Instrument'), in the amount of$17 9950.00 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) t3onds. ror 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 5 State of California.Any insurance company aoting as surety shall have a minimum waling 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 letterof credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30)days prior to the data 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 shalt be an assignment of deposit account assigning as security to City all of Subdividers interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all SecurityInstrumen s. (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 4 Springs, State of California (and the Security instrument shall so provide). (4) Each Security Instrument shall have a minimum term of one(1)year after the deadline 4 d for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than 'N h~ instruments of Credit, which shall have no defined term or expiration date). u (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and -� without affecting the obligations under such Security Instrument. 4.3 Subdividers Liability. While no action of Subdivider shall be required in order for city to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate M/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 surely 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 Tabor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4, --- 4.4 Letters of Credit (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit it 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. 6 (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 onto hold such funds in an account under the control of the City,with no interest accruing thereon for the benefit of the Subdivider. jr the City elects to hold the funds in an account pursuant to the foregoing: City may thereafter at any time elect instead to apply such funds as provided in the foregoing-Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such accounL 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 n m 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 tiled, City shall hold the Labor and Materials Security Instrument untf such claims have been resolved. Subdivider © has provided a statutory bond, or otherwise as required by applicable law. © (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work, 5. Cost of Construction_and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the ,—= event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider UMMIM 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 Cityfor all design,plan check,evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council, In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6- Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of 7 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)yearfrom the date of final acceptance_ If any of the Works of Improvement should fail or prove defective within said one(1)year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider,within fifteen(15)days after written notice of such defects,or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above,City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Derauft. 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 n m may by entitled. m s 8.2 City Right to Perform Work. In addition to whatever other rights or remedies if may S� have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work a,ti required to be performed under this Agreement and such failure shall continue fora 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 Attome s Pees 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 additon to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs.Such attorneys fees and cast 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.Ali such fees and _ costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9, Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and Citys 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, attorneys fees and costs and the costs of realizing on any 8 000127 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, subcontraclor, member of the general public, or other person or entity. 10.3 Cntire 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 he in writing and signed by the appropriate representatives of both parties_ 11. CojporateAulhori The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (k) they are duly authorized to execute and deliver this Agreementon 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 riot violate any provisions of any other Agreement to which said party is bound. ��� a4xwW A ?fny ��G m� (Signatures an Next Page) M 1 [p fib PNn�I� i1 f� A� f4 14 !fir 9 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA James Thompson, City lerk David H. Ready, onager APPROVED BYCU COl1NQL RECOMMENDED BY; �ih 713 I h I� ��i mim 94, David Darakian, City Engineer SUBDIVIDER: kPP V AS TO FORM David - .na PALM SPRINGS CLASSIC,LLC, a Delaware Limited Liability Company By: Lennar Homes of California, Inc., a California Corporation, Managing Member (Check One:z individual, 4 partnership, X corporation) s By: m ignature Ng By. I J {�gnJt�s 11teE !'2E570C�ll m Name and Title �. By: �+• Signatu e `W By- SRS 3 100Zil-p0 Ak55{STAI0C SCdJzcil n.c'i Name and Title Mailing Address: ." 391 North Main Street, Suite 301 Corona. California 92860 (951) 617-3500 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I SS, county of _ 1 Vpp� rJ J a 1 ,,L On �L_ © DS,before me,�� 1 [1 �n �. 1�t 1_C VI OIL Otf{ �LV-- c Cptp � __ '' rr ,5' Nn„y„nd tnk-I Mwe(n a.'Jpm ooq, lelury PibkI personally appeared 1�C.C1l1 r� ff. �Pf cta 1n'teS�T�`IOYr,— aso n , rvnnl ill of^noncrlpl — � Fl; ersonally known to me s dory eylrlaaec I JWnHA NIL410L5 to be the person whose names) Jare Comrnisslon 1<@7@23 subscribed to the within instrument and -i Notary pu61IC-California acknowledged to me that taefeFi hh]axecuCed RiveRIde County the s e in - isJ4er� authorized btyComm.&Pke3"21.200@i caepaclty Ie , and [hat qy htsfha + ■ - ■ 7r ■ M stir signature% an tho instrument the person or the entity upon behalf of which the person eO acted, executed the instrument. WITNESS my hand and official seal- 5 Hamm of ynlnry Puhw OPTION 41 — f(lough the Ill below 1$nor raqulmd bylaw it may pmva valuable lo polgons mfying on file document and could prnvont lnudorcnt removai and reaftacnmeol of this form to mother d=nIant Dese - ion of Attached Document Title or Type of Do ent: _ Document Date: Number of Pages: Signers)ether Than Named Above: _ Capacity(ies) Claimed by Signer Signer's Namc. I13 Individual Top of thumb hem ❑ Cofporat'e Officar—Tltle(s):_ ❑ Partner--❑Limited ❑General q Attomey-io-Fact ❑ TNStoc ❑ Guardian or Conservator l ❑ Other: Signor Is Representing: 91899 via nx?kluiyr aoawn•sass on$010 A" PO aa921W-Chninwnph,CA No ssor Rvorkr[0 TM•noo 1-dwsrsse^,r IIIIIIIIIIIIIIIIIIIIIII1i1111I11I{IIIIIIIIIIIIIIII (III as�saz°os¢33�n Q�gy�� CALIFORNIA ALL-PURPOSE ACHI'+IOWLEDGEMENT State of California County of Riverside On J r i l 2005 before me, Jillian Newman a Notary Public, personally appeared Tom Banks,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that lie executed the same in his authorized capacity, and that by his signature on the instrment the person, or the entity upon behalf of which the person acted, executed the inst umeut. WITNESS my hand and official seal. JILLIAN 11EI41Vd1 cornnllglon#143M x Notary PUMIC-COMOMIa - r oranpecwnty i MYCmtn>•EtWA+N1S,2007F Notary Seal IIIIlIiIIIIIIIIIIIIIIIIIIIIIIIIIIII ll III IIIIII III IIII 0��33E9fl 000+21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On , 2005 before me, Jillian Newman a Notary Public, personally appeared Jason Perrin, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the seine in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, execuled the instrument. WITNESS my hand and official seal. JILLWi NPdTMN CammSsslon�7 A360gq -. Nolary Punno-Colitoinlo r Orange county MyCanmLAug16,2D07� Notary Seal I(I(IIIIIIIIIIRIII8I111111f Jill 1111111111IIINlll1111 as 0027e�e35�� � 00122 EXHIBIT"A" TRACT MAP 32233-4 LEGAL DESCRIPTION Tract Map No.$2233-4,as recorded in Map Book-"el Pages�—through S inclusive,records of Riverside County, California, IIIIII i�fli���II� III 111 IIII IIIIII I��II�I�II I�� 96 120-0404552 7 0083 OU 008 Li3 a£ 33 ry r� rr�� Q�GS�Ge� EXHIBIT"S" TENTATIVE TRACT MAP 32233 CONDITIONS OF APPROVAL �l�l�����1�����I��IIIA���III�III��II�IIIIfAII���ll��ll 0e�99S`oaa£s�veR 4-M ------ TENTATIVE TRACT MAP 32233 PALM SPRINGS CLASSIC, ESCENA ?"J ",T ,C f 70 AU 1000 GENE AUTRY TRAIL NORTH APN 677-220-007 ET. SEQ., SECTION 7, 18, FINAL CONDITIONS dF APPROVAL APPROVED: NOVEMBER 17, 2004 EXPIRES: NOVEMBER 16, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, ilia Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition- Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attomey. PLANNING: Project Specific Conditions- - I. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Carrie Code- therefore a fee of$1,314.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by [he City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid, 2- The final development plans shall be submitted in accordance with Section 94.03-00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission- Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district- 3. The city reserves the right to review, or conditionally approve final PDD and Tentative Tract Maps. Additional conditions will be based upon the submittal and based upon the approved Planned Development application, design review and City codes and ordinances. 4. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office Prior to submittal. PageI 2©05-�9JQ45K 003IZ5 r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 2 5. Prior to issuance of a grading permits, Fringe Toed Lizard Mitigation fees shall be paid. 6. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of all lots and all parcels for all land uses. 7. The applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's^)to the Director of Planning and Zoning for approval in a farm to be approved by the City Attorney, to be recorded prior to submittal of a final trap and approval prior to building 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 condition and in accordance with all ordinances. 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount or $2,500.O0, for the review of the CC&R's by the City Attorney. 9. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadways, airport noise and adjoining M-1-P zoned developed and vacant properlies. Said disclosure shall inform perspective buyers about traffic, airport noise, future industrial development and other activities which may occur in this area. This is an addition to the standard aAgation and easement and nonsuit covenant. 10_An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning and Zoning prior to the issuance of building permits for each phase or development area. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. A photometric study shall be required for all parking areas, driveways and entries. 11.This project shall'be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. in the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the feeing being 112% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 12, Pursuant to Park Fee Ordinance No, 1632 and in accordance with Government Code Section 56477 (Quimby Act), ail residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building 05-04552 2 069 0 33WA �1 of , r'�Rftqq ��py OVCd 1� S � I I r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 3 permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. 13. The project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library and cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under authority of Ord. C. Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right of protest, provided that the amount of such assessment shall be established through appropriate study and shall no[exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel. 14. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, andlor any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground Surface. 15.A Native American Monitor shall be present during all ground-disturbing activities and that, should buried deposits be encountered, that Ilre Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator For approval. 16. One copy of any cultural resource documentation generated in connection with this project, including reports of Investigations, record search results and site recordslupdates shall be forwarded to the Tribal Planning, Building, and Engineering Department. 17, The developer shalt construct off-site sidewalk improvements on the south side of Vista Chino between Via Roberto Miguel and Gene Autry Trait. The sidewalk shall be constructed at a time when the Planning Commission determines it is appropriate, based upon residential demand. Factors to be considered are to include number of dwelling units proposed for development and proximity of said units to the intersection of Vista Chino and Gene Autry Trail. 18. Construct Bus Shelters consistent with the Sunline Transit Agency that are custom designed in keeping with the character of the project. The custom bus Shelters shall not have any advertising and shall be maintained by the project unless a separate maintenance agreement with the developer and Sunline Transit Agency is entered into for Sunline Transit Agency to provide maintenance. IlIIIII llllHIIII111111111111 IIIIIIIII 1IIII 1820r ao£a352aR 000127 - f I Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 4 19. Construct equestrian trail and bikeway along the Whitewater Wash as identified in the General Plan. The final alignment shall be coordinated with CVWD, RCFCWCD, and the City as part of the Final Planned Development District. 20.As a part of the Final Development District, a Wildlife Management Plan will be submitted for approval to the Airport Authority and the Director of Planning and Zoning. 21.Applicant shall provide a revised project description and design standards within thirty(30) days of City Council approval 22.All existing and proposed overhead utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded_ The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility companies that the required deposit to underground the facilities has been paid prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of certificate of occupancy. 23.All residential development shall be subject to parkland dedication requirements and/or park improvement fees. The dedication, payment of fees or combination thereof shall be required prior to issuance of building permits. Parkland mitigation amounts shail be based upon the costs to acquire and fully improve parkland and shall be adopted by ordinance or resolution_ 24.The Mitigation Monitoring Program from Case No 5,0666-13, The Palm Springs Classic, shall be incorporated into these Conditions of Approval by Reference. General Conditions: 25.The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations, except as specifically modified in this approval. 26.The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5,0666 - 6- PD-231_ The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim,action or proceeding or fails to cooperate fully in the defense, the applicant shall not, I IIIIII IIIIIII IIII IIU IIIIIIl IIII IIIIII II IIIIIII I till 06?17,180osfos can r Tentative Tract Map 322,93 November 17, 2004 Conditions of Approval Page 5 thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 27. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 28. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements_ 29.The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped, 30. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24,020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 31.All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. POLICE DEPARTMENT_ 32. Developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 33_The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 34. Prior to any construction on-site, all appropriate permits must be secured. 1 I{I`I 1 1Y I I{ I`11 4I 1 II4I I 11 I E%5-6494552 06/t7124 G£ 330f, f Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 6 FIRE: 35. Fire Department Access:A secondary Fire Department access road shall be provided and maintained in the Southern portion of TTM 32558 on the Cathedral City side. 36.Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The City of Palm Springs approved turn around provision is a cul-de-sac with an outside turning radius of 43 feet from centerline. (902.2.2-4 CFC). On the existing plan these need to be addressed at Lot 6 on TTM 32557, on Street K, which is shown on Sheet 1 of TTM 32233. Also on Streets W and Y which are shown on Sheet 2 of the same TTM. On Sheet 3, Street HH is also excessive in length. - 37. Turning Radius: Inside turning radii for roundabouts needs to be a minimum of 30 feet. Any medians or islands need to be size accordingly. The turning radius for Lot 414 on Sheet 3 appears to be undersized. Please show dimensions upon resubmittal- 38. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (203 CFC). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9-2.1 NFPA 24) $9, Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards, No landscape planting, walls, or fencing are permitted within 3 teet of fire hydrants, except groundcover plantings. 40.Site Plan_ Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 41.Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire-apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs.(Sec.902 CFC) 42. Relocate the well site away from the Vista Chino entry. ENGINEERING: STREETS 2,005-%94552 I Il lllillllllllll 1llj lllllll 1111111111111111w 111111 & J17/255 Of gg 9R Tentative Tract Map 3?233 November 17, 2004 Conditions of Approval Page 7 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit- 2. Developer shall obtain State permifs and approval of plans for all work done on State Highway 111 (Gene Autry Trail). A copy of Caltrans requirements shall be submit led to the City Engineer prior to the issuance of any grading or building permits. 3. 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. STATE HIGHWAY 111 (GENE At1TRYTRAIL) 4. Dedicate additional right-of-way to provide the ultimate half street width of 55 feet along the entire frontage, together with a property line - corner cut-back at the southeast corner of Gene Autry Trail and Vista Chino in accordance with Cily of Palm Springs Standard Drawing No. 105, unless otherwise already dedicated by Parcel Map 30928. 5. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turnout, unless otherwise already dedicated by Parcel Map 30928, 6. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way, unless otherwise already dedicated by Parcel Map 30928, 7. Abutters rights of access to Gene Autry Trail shall be dedicated to the City of Palm Springs except at specifically approved locations. 8. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the northeast comer of Gene Autry Trail and Classic Drive in a location to be agreed upon by the City and Sunline Transit Agency. Construction of a bus stop shelter shall be required,with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services, bus stop furniture and other accessories, as required by Sunline Transit Agency, shall be provided by the developer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 9. Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palmy Springs Tan, or approved equal color by the Engineering Division. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. _ I{I 1 tlpp 2005-0h8�552 i �11�11i1111111�1111�111�11111111111�111111����1���1�"l� B5/77/z6tl0itl3tl8P oo���•a t Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 8 10. Modify the existing left-turn lane to provide a 150 feel long southbound left-tum storage lane at Gene Autry Trail and Chia Road, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall he modified to the satisfaction of the City Engineer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 11. Modify the existing left-turn lane to provide a 400 feet long southbound left-turn storage lane at Gene Autry Trail and Tachevah Drive, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. This condition shall be null and void If completed by others prior to approval of a final map within Tentative Tract Map 32233, 12. Coordinate the location of the intersection of Gene Autry Trail and Classic Drive with the City Engineer and the Executive Director of the Airport. Upon approval of the intersection location, relocate the existing northbound left-turn lane location as required to access the airport commercial properties, and provide a 375 feet long southbound left-turn storage lane at Gene Autry Trail and Classic Drive, or as may be modified by the Traffic Report and approved by the City Engineer. Existing intersection improvements, median improvements, including landscaping, lighting and irrigation, shall be removed, reconstructed or modified to the satisfaction of the City Engineer. Modification and reconstruction of the existing parking lot and driveways at the airport necessary to facilitate the relocated intersection shall be completed to the satisfaction of the City Engineer and the Executive Director of the Airport. This condition shall he null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. VISTA CHINO 13. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way, unless otherwise already dedicated by Parcel Map 30928. 14. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turn-out, unless otherwise already dedicated by Parcel Map 30928, 15. Abutters rights of access to Vista Chino shall be dedicated to the City of Palm Springs except at specifically approved locations. W Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the southeast comer of Vista Chino and Gene Autry Trail in a location to be agreed upon by the City and Sunlina Transit Agency. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit (Agency and(Ithe Director of Planning Services. Bus l IIIII�I�IIIII�ll� III IIlll�l Ill Il���l III�IIIIfI II t��l 06�a�20 bs£Q 3360P y 'S2 t ) % Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 9 stop furniture and other accessories shall be furnished, as required by Sunline Transit Agency. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 17. Construct a 12 feet wide Class 1 meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. This condition shall he null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233_ 18. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer from Gene Autry Trail to the easterly property line (approximate with the existing Whitewater Channel levee)_ Provide a 225 feet long westbound left-h)m storage lane at Vista Chino and Gene Autry Trail. Easterly of the Whitewater Channel levee, provide a striped median with a minimum 150 feet long westbound left-turn lane at Vista Chino and North Drive_ Leff-turn pocket storage lengths and transitions shall be designed in accordance with the current Caltrans Highway Design Manual. Additional paving and street widening along the north side of Vista Chino shall be provided as necessary to construct the required median improvements. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. SAN JOAQUIN DRIVE 19. Dedicate additional right-of-way at the northerly end of San Joaquin Drive to provide an off-set cul-de-sac or turn-around, or as otherwise approved by the Fire Marshall and City Engineer. The cul-de-sac shall have a minimum curb radius of 58 feet, as required by the City of Cathedral City, or as otherwise approved by the Fire Marshall and City Engineer. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233, 20. Construct a 6 inch curb and gutter, 18 feet west of centerline along the entire frontage and throughout the off-set cul-de-sac or turn-around, as approved by the Fire Marshall and City Engineer, in accordance with City of Palm Springs Standard Drawing No. 200. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. 21. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 within the cul-de-sac at the northerly and of San Joaquin Drive for service and emergency vehicle access into the development as required by the City Engineer and/or Fire Marshall. 22. Construct a 6 inch thick concrete driveway from the driveway approach within the cul-de-sac at the northerly end of San Joaquin Drive across Lot 552 as necessary to provide access from San Joaquin Drive to the on-site street system as required by thel City Engineer and/or Fire Marshall. 290 0$O � P 33 OR QG� ��3 Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 10 An altemative to concrete pavement may be approved, subject to review and approval by the Fire Marshall. 23. Construct a minimum pavement section of 2Y2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from clean sawcut edge of pavement to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. It an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. This condition shall be null and void if completed by others prior to approval of a final map within Tentative Tract Map 32233. ON-SITE STREETS 24. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposes, and for service and emergency vehicles and personnel ingress and egress, over the private streets. 25- Dedicate an easement, 20 feet wide, for service and emergency vehicles and personnel ingress and egress, over Lot 562 as necessary to provide access from San Joaquin Drive to the on-site street system. 26, Construct a wedge curb, acceptable to the City Engineer, 18 feet on both sides of centerline along the entire frontages, and throughout the cul-de-sacs. 27. Construct a wedge curb, acceptable to the City Engineer, 14 feet on both sides of centerline along the entire frontages of those on-site streets identified as Streets "00" (adjacent to Lots 292-294 [north end] and adjacent to Lots 305 and 306 [south end]), 'PP" (adjacent to Lots 224 and 225 [north andl and adjacent to Lots 252 and 253 [south end]), "SS'(adjacent to Lots 211 and 212 [west end], and `W'. Parking shall be restricted along one sides of these streets, as necessary to maintain a 20 feet wide clear access way. Regulatory Type R26 "No Parking" signs or red curb shall be installed on one side of these streets to prohibit on-street parking. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Codes, Covenants and Restrictions required for the development. 28. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101. A minimum 43 feel inside radius shall be required for all on-site cul-de-sacs. 29. All on-site "knuckles" shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 30. On-site streets without a cul-de-sac or other approved tum-around shall not extend a distance of 150 feet or more from the intersecting street. On-site streets with a length exceeding 150 feet shall provide a hammerhead turn-around or other access as approved by the Fire Marshall, �BB5-B484552 1 Illlllllllllllllllllllllllllllllllllllllllllllllllllll �oJ17fQ9�o��eR OW34 r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 11 31_ Construct a minimum pavement section of 2'/: inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geoteohnical Engineer using "R" values from the project site and submitted to the City Engineer for approval_ SANITARY SEWER 32. All sanitary facilities shall be connected to the public sewer system_ New laterals shall not be connected at manholes. 33. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 34. Construct an 8 inch sewer main within Mission Drive and San Joaquin Drive as necessary to extend public sewer service to the development. 35. Construct an 8 inch sewer main within all on-site streets and connect to the existing public sewer system in Gene Autry Trail and/or San Joaquin Drive_ All sewer mains constructed by the developer and to become part of the public sewer system shall be televised prior to acceptance of the sower system for maintenance by the City. 36. Payment of applicable sewer assessment or sewer surcharge fees (if any) shall be paid prior to issuance of building permits. GRADING 37_ Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures° as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met_ The applicanfs or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Cerdficate(s) of Completion from AQMD for staff that have completed the required training. For inform Ialtion on attending a (Fugitive Dust Control Class and I IIIIII Ill�ltl�lII(III�IIIIII III I�II�I III III IIIII III 200 OV1742805 08 3390R OWN Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 12 information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torreelba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the fallowing information-. a copy of a final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a Copy of current Title Report; a copy of Soils Report; and a copy of tie associated Hydrology Study/Report. DRAINAGE 38, Ali stormwater runoff passing through and falling onto the site shall be accepted and conveyed through the properly, consistent with an approved hydrology/hydraulic study- 39. Drainage easements shall be reserved on the Final Map where and as required to convey off- site stormwater runofr across the properly, in accordance with an approved hydrology/hydraulic study. On-site drainage easements shall be privately maintained by a Homeowners Association. 40. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs Area.-Validated costs incurred for the design and construction of storm drainage improvements adjacent to or within the project as shown in the Master Drainage Plan may be credited toward the drainage fee otherwise due. Coordination with Riverside County Flood Control & Water Conservation District (RCFC) shall be required to determine acceptable methods of providing storm drainage improvements consistent with the Master Drainage Plan. Credit for or deletion of required drainage implementation fees will require review and approval by RCFC of proposed storm drainage systems, detention and retention basins, and storm drain outlet systems into the Whitewater Channel. If required as a condition of credit for or deletion of storm drainage implementation fees, a cooperative agreement between the property owner(s), the City of Palm Springs and RCFC shall be made whereby storm drainage easements for Master Drainage Plan facilities are provided to RCFC within the project, and storm drainage improvements are designed and constructed to the satisfaction of the City Engineer and RCFC_ MAP41. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 42. In accordance with Section 66434 (g) of the Government l`Code, Ithe /westerly 15 feet of public II� II�IIIIIIIIIIfI�Ill�lllllllll� illlll�llll��llll asrx�i3A8 0 eon 00013E , r r Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 13 right-of-way for San Joaquin Drive may be abandoned upon the filing of a Final Map identifying the abandonment of the light-of-way granted to the City of Palm Springs. Prior to approval of a Final Map, the developer shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the portion of the public right-of-way to be abandoned. Prior to approval of a Final Map, the developer shall provide to the City Engineer a letter of approval regarding the proposed abandonment of the westerly 15 feet of San Joaquin Drive right-of--way from each public utility agency. 43. In accordance with Government Code Section 66493 (0, an application for reapportionment of the existing assessments related to Assessment District 155 levied against the properties shall be performed at the expense of the property owner, or the existing assessments shall be paid in full,prior to City Council approval of the Final Map. TRAFFIC 44. The total number of 1,450 single family and multi-family units, and 450 room resort hotel allowed within the development, as originally approved by Planned Development Unit (PD) 231, shall be decreased by the total number of additional residential units approved by the City of Cathedral City associated with Tentative Tract Maps 32557 and 32558 such that the overall total number of units, and the traffic generated therefrom, does not increase from the original total of units analyzed for the purposes of approval of PD 231. 45. The developer shall coordinate and prepare a traffic signal installation phasing plan. In accordance with developer proposed on-site phasing of residential construction, the installation of required traffic signals shall be phased as traffic signal warrants are met. Irregardless of a traffic signal installation phasing plan, any traffic signal shall be installed at any time and upon notice by the City Engineer that traffic conditions warrant installation, or the City's own analysis indicates warrants exist for its installation. The design of all required traffic signals shall be completed prior to approval of a final map. The developer is responsible for the installation of a traffic signal, subject to the approval of Caltrans and/or the City Engineer, as required, at the following locations; A. Gene Autry Trall and Chia Road B. Gene Autry Trail and Classic Drive C. Vista Chino and North Drive 46, In coordination with the design and installation of traffic signals along Gene Autry Trail, a traffic signal interconnect system, subject to the approval of Caltrans and/or the City Engineer, shall be provided on Gene Autry Trail from Vista Chino to Ramon Road. In conjunction with the design of required traffic signals, a traffic signal interconnect system shall be designed from Vista Chino to Ramon Road, as directed by the City Engineer and approved by Caltrans. Reimbursement for 65.85% of the cost of the design and installation of the traffic signal interconnect system may be made through a reimbursement agreement between the City, Caltrans(if required)and the applicant. l I1I111111i11llllllllllllllllllllllll111111111111I111111 0e 29A�0 0��3e�fl 000 iJ z Tentative Tract Map 32233 November 17, 2004 Conditions of Approval Page 14 47. Based on the Traffic Impact Study prepared by Endo Engineering, dated March 2003, the following mitigation measures shall be addressed prior to issuance of a building permit on any of the proposed parcels: A. Pay the proportionate fair share contribution of $22,425 (14.95%) of a traffic signal at Gene Autry Trail and Via Escuela. B. Pay the proportionate fair share contribution of$18,140(18.14°/a) of the cost to construct a northbound right-turn lane on Farrell Drive at Vista Chino, C. Pay the proportionate fair share contribution of 18.14% of the cost to construct a southbound left-turn lane on Farrell Drive at Vista Chino. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. D. Pay the proportionate fair share contribution of 4.9% of the cost to construct a southbound left-turn lane on Farrell Drive at Ramon Road. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. I;. Pay the proportionate fair share contribution -of 6,61%v of the cost to construct a southbound through lane on Cathedral Canyon Drive at Raman Road. The fair share contribution shall be held in trust for the City of Cathedral City until such time as the intersection improvements are constructed. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. 48.Submit traffic striping plans for improvements to Vista Chino prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer. 49.Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing,lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work zones" dated 1995, or subsequent additions in force at the time of construction. 50.This property is subject to the Transportation Uniform Mitigation tree which shall be paid prior to issuance of building permits. I l llllil ilillllllll Jill lllllll Jill 11111I III IIIIl111I IIII 06Ag$ a33 1'1� ,;jTY OP PALS+ SI?R1H,G 209 FEB 26 H 2* 34 jAMES TFOHPSGP� February 25, 2008 CITY CLERV, City of Palm Springs Department of Public Works 3200 E. Tanquitz Canyon Way Palm Springs, CA 92262 Attention: David Bakarian, PE Subject: Request for Time Extensions on Tract 32233-1, 32233-2, 32233-3, and 32233-4 Subdivision Improvement Agreements Mr. Sakarian: On behalf of Palm Springs Classic, LLC, we are hereby formally requesting time extensions to the Subdivision Improvement Agreements for TM 32233-1, TM32233-2, TM32233-3, and TM32233-4. This request is made pursuant to Section 11 of the Subdivision Improvement Agreements. If you have any questions regarding this request please contact me at(951) 817-3606. Thank you for your assistance in processing this request Sincerely, Marc Damikolas, PE Lennar Inland Division MD/md cc: City of Palm Springs Fax (760) 322-8360 Jeff Clemens, Lennar Inland Division Contract File 391 North Main Street,Style 301, Carona, CA 92880 • Phone 951-8173600• Fax, 951.817.3697 O e ����a�.ca�.