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4/2/2008 - STAFF REPORTS - 2.J.
ue,�o pLM _ City Council Staff Report April 2, 2008 CONSENT CALENDAR Subject: TIME EXTENSION FOR SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 33933 WITH P.S. AVENIDA CABALLEROS/SAN RAFAEL, LLC, A DELAWARE LIMITED LIABILITY COMPANY, From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY P.S. Avenida Caballeros/San Rafael, LLC, is requesting a 2-year extension of time for the Subdivision Improvement Agreement (Agreement No. 5324) for Tract Map No. 33933 ("Murano"). Twelve homes of this 57 lot single family subdivision have been constructed to date. Due to real estate market conditions, the developer is requesting an extended period of time to complete remaining improvements within the project. Staff recommends a 2 year extension of time be granted. RECOMMENDATION: 1) Authorize the City Manager to approve a 2-year extension of time for the completion of improvements associated with Subdivision Improvement Agreement, (Agreement No. 5324) for Tract Map 33933, with P.S. Avenida Caballeros/San Rafael, LLC, a Delaware Limited Liability Company. STAFF ANALYSIS: On July 26, 2006, City Council approved a Final Map for Tract No. 33933, a 57 lot single family subdivision, and a corresponding Subdivision Improvement Agreement (Agreement No. 5324), with the developer, P.S. Avenida Caballeros/San Rafael, LLC, a Delaware Limited Liability Company. The agreement secures the cost of constructing certain on-site and off-site public improvements necessary for the subdivision. The original expiration date for the agreement is May 24, 2008. However, due to the downward trend in the real estate market, the developer is requesting a 2-year time extension. The developer has not completed the improvements required under the Subdivision Improvement Agreement, and is working on completing the rest of the project at a slower pace than they originally expected. Item No. 2 • J • City Council Staff Report April 2, 2008 TM33933 Subdivision Improvement Agreement Time Extension On February 29, 2008, the City Engineer received a written request from the developer for a 2-year time extension. Although all off-site improvements have been completed on Avenida Caballeros, San Rafael Drive, and Francis Drive, there remain some items of on-site work that have not been completed. The street and waterline improvements for the southerly two on-site private streets (Lucent Court and Solace Court), have not yet been constructed. The on-site work to be completed in the future includes construction of these two southerly streets, construction of the water system within these two southerly streets, final adjustment to grade of water valves and sewer manholes, the final approval of the on-site sewer and water systems in their entirety, and subdivision monumentation. The on-site street improvements of the northerly two on site private streets (Azure Court and Enamor Court), including the water and sewer systems, have been completed. Twelve of the 57 homes have been constructed: 3 homes are model homes, 6 homes are currently owner occupied, and the remaining 3 homes are vacant. All of the 6 owner occupied units have fully paved streets on the north half of the site. 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 in the second construction phase has slowed. 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 a 2-year time extension be granted at this time, to allow the developer to complete construction of the 45 remaining homes, and the remaining on-site public improvements. The 2-year time extension is being recommended because none of the homes constructed have access to the two southerly streets. Each of the on-site streets is a cul-de-sac that only serves the homes thereon. If the real estate market has not improved and house construction remains stalled, staff will revisit the issue with the developer for a subsequent time extension for the Subdivision Improvement Agreement, or calling of the bonds to complete the improvements, as appropriate, at that time. FISCAL. IMPACT: None David J. Barakian Thomas J. W4son Director of Public Works/City Engineer Assistant CiN Manager r David H. Ready, City r Attachments: 1) Vicinity Map 2) Subdivision Improvement Agreement O ' / � N _ auu 351M+i.< r1YL 0I..Y�J[AlI1M.'M ll ��MII I/IY)�AV(ii�f!/ii�i�l � �v�b$R�VG�Ytl1�I�1R� MAN I M N M o I a , s ION � + ! AN egA� �I xW ! I{ I � IIE S�'it�ilfi� r till till Oil Wit W Am 60Mw y a a a A + a J9107 aa-itMl+'1W W'A1NJno as 50lf371vwq J yQfN3Ab `!►� 009033 DOC # 2006-0783108 10/25/2006 08:00A Fee:NC Page 1 of 36 PLEASE COMPLETE THIS INFORMATION Recorded in official Records RECORDING REQUESTED 8Y: County of RiversideLarry W. Ward Assessor, County Clcrk & Recorder AND WHPN RECORDED MAIL TO: 111111111111111111111111111111111111111111111111111111111 CY,✓� 0i::- S R U PAGE SIZE DA MISC I LONG I RFD COPY Zlzw 1/1'1,'1uci7i.t'� l(J M A L 465 �426 POOR NCOR SMF NCHG eXnm leAk Space above this line for recorders use only TRk C, DTT: �uQP[VlStcx—� t vr��Et 4 �� 802 Title of Document THE AREA FOR R E C 0 non D E R NJ USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 238P-AS4REO(Rev, 0712005) UOM4 SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and P.S. AVENIDA CABALLEROS/SAN RAFAEL, LLC A DELAWARE LIMITED LIABILITY COMPANY Ill Hill 11111 IIIIII III 11111111111111� 25A 2 ofg39 99R M O N TABLE OF CONTENTS 1. Construction Obligations........................---------...................................................2 1.1 Works of Improvement....... ......................................................................2 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval ..................... • . ..........................------- ...............2 1.3 Intent of Plans . -• .................. . ................... . .............................2 1.4 Survey Monuments .......... . . ..................... . ........................ . . ....2 1.5 Performance of Work ........................... . ......................--------------- ......3 1.6 Changes in the Work....................... ..................... . ..............................3 1.7 Defective Work.................. . . ..................... .. . ......................................3 1.8 No Warranty by City........... .............. ...................-------------- ............3 1.9 Authority of the City Engineer.....................................................................3 1.10 Documents Available at the Site ................................................................3 1.11 Inspection....................................... . ......................... . ............................3 1.12 Compliance with Law......... .................. . .........................•--------............4 1.13 Suspension of Work................................... .................. .........................4 1.14 Final Acceptance of Works of Improvement...............................................4 2. Time for Performance ...........................................................................................4 2.1 Commencement and Completion Dates ....................................................4 2.2 Phasing Requirements ...................... . ......................... . . . .. . ...5 2.3 Force Majeure................................ . ....................... ............................5 2.4 Continuous Work.................. . ............................................................. .5 2.5 Reversion to Acreage........................... .......................--------- ..............5 2.6 Time of the Essence ................. ...........................................................6 3. Labor........................................................... . ......................................................6 3.1 Labor Standards............ ...........................................................................6 3.2 Nondiscrimination.................................. .................. . . .............................6 3.3 Licensed Contractors ................. ...................... . ..................................6 3.4 Workers' Compensation........................ ............................. . . . .....6 4. Security................. ..................... .............. • . ......................................6 4.1 Required Security.......................................................................................6 4.2 Form of Security Instruments .....................................................................7 4.3 Subdivider's Liability.................... --------...................•------------------...............8 4.4 Letters of Credit.............................................. ........................................8 4.5 Release of Security Instruments ................................................................9 1 I IIIII IIIIIII IIII IIIII IIIII IIIII IIIII III III�I IIII III SE1/2003 0£$3600@R 5. Cost of Construction and Provision of Inspection Service,..... .............. • . .................................... •. . . .....................................9 5.1 Subdivider Responsible for All Related Costs of Construction......... .. ................................................. 9 5.2 Payment to City for Cost of Related Inspection and Engineering Services ......................... ..............................................10 6. Acceptance of Offers of Dedication.....................................................................10 7. Warranty of Work.........-----------•...................................-----------------.-...........___...10 8. Default ........................................... . . . ...........................................................10 8.1 Remedies Not Exclusive ............................................ • ......................10 8.2 City Right to Perform Work.................... . • .............................................11 8.3 Attorney's Fees and Costs .-..-------_..........................................................11 9. Indemnity............ ..................................... .....................................................A l 10 General Provisions..............................................................................................11 10.1 Successors and Assigns.......... ................................... 10-2 No Third Party Beneficiaries............--------------___.................................... 11 10.3 Entire Agreement; Waivers and Amendments ........................................A2 11. Corporate Authority...............................----------................................................----12 2 I IIIIII IIIIIII IIII IIIII IIIII IIIII IIIII III IIIII IIII IIII 10,125,12986 08'00A 000007 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this —�S� day of A��'� , 2006, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and P.S. AVENIDA CABALLEROS/SAN RAFAEL, 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. 33933 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 Lots "A" through "C" for street and public utility purposes; easements for public utility and sewer purposes with right of ingress and egress for service and emergency vehicles and personnel over the on-site private streets, as shown on the map; a 20 feet wide easement for sewer purposes as shown on the map; abutters rights of access to San Rafael Drive adjacent to Lots 49 through 56, and abutters rights of access to Avenida Caballeros adjacent to Lots 6, 17, 18, 29, 30, 41, 42, 56, and 57, all as shown on the map; and City desires to accept the public dedication as shown on the final map, and certain other improvements described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1 IIIIII�II�III IIII IIII IIII IIIII I�IIII IIIIIII IIII INeeo 5 f$36a8 10/.5/2006 06 9BR R(7 VUQ00tpS 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $2,384,500.00. 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 hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 2 IIII IIIIII II IIIII I III IIII IIIII II II I I III 10 25 6 ofs 36000R 009069 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as 3 IIIII IIIII 111111111111111111111111 1EI 1111III 01g36�a0R 000010 direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates_ Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of 4 II II III III 0 g0 iere0ae£ 6eeRIIIIIII HE 1111111111111111111111 3 0 0 0 0-1 Improvement thi 30 days following City's approval of the Plans ("Commencement Date"),- and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Re uirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Majeure_ Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 5 I IIIIII IIIIII IIII IIIII IIIII IIIII IIIIII III 11111 IV 11 ler es 3,GGA 000912 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Securit . (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"): 6 (IIIII��II I IIIII IIIII IIIII III(III III III 10 25,2006 06000R U r 0 a 13 10 of 36 (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $2,384,600.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $1 19� 2 250.00 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 $45 000.00 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 Warrant . 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 $357,675.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that 7 2WS-e783iR IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III HIM III9 10.25.11 A36 AR 0 041 LY r'X Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liabilitv. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, 8 II �IIIII I IIII II I I I� III IAIAI III 19/25 200$$3128 08 OA 00002-5 issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider_ If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider 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 9 I IIIIII IIII�II IIII IIIII�IIII IIIII IAIIII III IIIIII III IIII 10?2 0 IS f 36 01000 �i separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication_ The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warran of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance_ If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 10 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII iefz0014e of ea36 00801 7 8.2 City Right to Perform Work_ In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attornev's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs- Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity- Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor 11 IIIIII IIII�II IIII IIII(IIII IIIII IIIII III IIIII III IN10 2A5 6 006 03S 000018 0001O Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) 12 �5 3 10, e06 eR1111111111111111111111111111111111116 of 36 r O K IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA James Thompson, City Clerk David H. Ready, City Manager 4�5S/TANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: APPROWD BY CU COUNCIL David Barakian, City Engineer s R���7 Z7 SUBDIVIDER: a3ry�� P.S. AVENIDA CABALLEROS/SAN RAFAEL, LLC, a Delaware Limited Liability Company By: California Development Enterprises, Inc., a California Corporation, Its Manager Check one: _Individual_Partnership ,r_ Corporation*_ Company 'Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. t By: By:_ ^�C� jSignre ed) Signature (notarized) Nahi ka Jr. Name: John Shi ka Title: President and Treasurer Title: Vice President and Secretary (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 13 I(IIIIIIIIIIII IIIIIIIIII(III IIIII IIIIIIIIII iof2A06-efeie" R 009620 Mailing Address: P-S_ Avenida Caballeros/San Rafael, LLC 2121 E. Tahquitz Canyon Way, Suite 1 Palm Springs, CA 92262 (760) 325-7920 (760) 406-5872 (fax) 14 III HIM III 1111 a�ae lae f $6 000021 ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY County of__%Z_: SIGNER On '�Sk\., an noo L. before me,'s G a0Nsp.pk4 U;"OeMrr�"zr ec rWtle /qVfo f �c,eI wr l l:� ❑ INDIVIDUAL(S) " ` e i `" personallyappeared�, ,S , rig� rX, BORATE NAME(S) OF SIGNER(S) OFFICER(S) o--rersonally known to me - OR— TITLE(S) ❑ proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S) persons(s, whose name( ia/are subscribed to the within oATTORNEY-IN-FACT instrument and acknowledged to me that bo/sWthey executed ❑TRUSTEE(S) the same in 4Whe0their authorized capacity(ies), and that by oSUBSCRIBING WITNESS hisAger/their signature on the instrument the person( or the ❑GUARDIAN/CONSERVATOR entity upon behalf of which the persons(M acted, executed the ❑OTHER instrument. Witness my hand and official seal. s L. : #-14% Canm SIGNER IS REPRESENTING: Wran 167s96a Signature of Lary ryOtoryPublic-Carraaa MvCamm.a w juni$.2o1 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document„a Q c�a�a �``e�j:r' I s� Sp[ f LL MUST BE ATTACHED TO THE DOCUMENT Number of Pages 2 I DATE OF DOCUMENT DESCRIBED AT RIGHT: Signer s) Other Than Named Above 15 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ie/zeA19eo8036 000022 Under the provisions of Govermnent Code 2736].7, I certify wilder the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary : S . (_ . Commission# : Place of Execution : Date Connnission Expires :_J UNE 1 �3i 0! U Date Signature 4�P,�� &, PrrN�rC� Gavv.w� �S�ior�i 2006-0733108 f �����J�q��������,�����110� ��1 13l251200a£ 36 006023 EXHIBIT "A" TRACT MAP 33933 LEGAL DESCRIPTION Tract Map No. 33933, as recorded in Map Book VOO, Pages a through 27 inclusive, records of Riverside County, California. 16 I IIIII I�IIIII IIII IIIII IIIII 111111111111111111111111 10 25�/2006 08 3000R V n [Y Le"t EXHIBIT "B" TENTATIVE TRACT MAP 33933 CONDITIONS OF APPROVAL 17 �y IIIIII III�III IIII IIIII IIIII IIIII IIIII III III�III II IN 101E5 622 0oe6 03660R fY a'}JI 025 1$ I II�III III�'II IIII III�I�IIII�IIII III�'I III I�III'I�I ill ie�99�e�&a3seea Q��{Q2� rrRoJLD BY Pl...... Initiat� rya t,PPRflVEo BY CITY C0USE i EXHIBIT A Lass Oate���°lniUal CITY OF PALM SPRINGSusolution CONDITIONS OF APPROVAL WPROVA�IEET 10 ALL R"IU10 BY ABOVE "EsTENTATIVE TRACT MAP 33933 (Murano Residential M99S APN: 501-020-016 East Side of Avenida Caballeros & San Rafael Road Before final acceptance of the project, all conditions listed below shall be- completed to the satisfaction of the City Engineer, the Director of planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition- Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach,set aside,void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Tentative Tract Map 33933. 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 or pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, 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. 'l n +� 1111111111111111111111111111111111111111111111111111111 10r25A2 @orByO O V V G 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 114% for new residential subdivisions, or 1/4%for new individual single-family residential units constructed on a lot located in an existing subdivision 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 Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. } Environmental Assessment 6. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures W M are as follows: MpW ar�4 [p N N MM III-1 Earth-moving activities shall be suspended during the first and second stage m ozone episodes or when winds exceed 25 MPH, per the Coachella Valley PM10 State Implementation Plan and SCAQMD Rule 403.1. MM III-2 Adequate watering techniques shall be employed to partially mitigate the impact of construction-generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day, as part of the construction specifications, MM III-3 Any construction access roads should be paved as soon as possible and cleaned after each workday. The maximum vehicle speed limit on unpaved road surfaces shall be 15 MPH. MM III-4 All trucks should maintain at least two feet of freeboard_ MM III-5 All trucks hauling dirt, sand, soil or other loose dirt material off-site should be covered and washed off before leaving the site. 000028 j MM III-6 Adjacent streets should be swept if silt is carried over to adjacent public thoroughfares. MM 111-7 As part of the construction specifications, any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. MM III-8 Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through-traffic lames. 7. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. CC&R's 8. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions("CC&R's")to the Director l of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. 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. w 9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney_A filing fee, in accordance a 4� with the fee schedule adopted by the City Council, shall also be paid to the City `N Planning Services Department for administrative review purposes. �N N ti 0 Public Safety CFD 10_ 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, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District underthe authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed$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, permitting incorporation of the parcel in the district. ENGINEERING/PUBLIC WORKS DEPARTMENT The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit, 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division_ The plans shall be approved by the City Engineer prior to issuance of any building permits. AVENIDA CABALLEROS 3. Dedicate abutters rights of access to Avenida Caballeros adjacent to Lots 6, 17, 18, 29, 30, 41, 42 56 and 57; vehicular access to Avenida Caballeros shall be prohibited. 1 4. Remove the existing driveway approach across from the existing Sundance Tract entry and construct new curb and gutter to match existing improvements, in accordance with City of Palm Springs Standard Drawing No_ 200. 5. Remove the existing 8 inch curb and gutter located 32 east of centerline as necessary to construct the on-site private street intersections; and construct 25 feet radius curb returns, spandrels, and 6 feet wide cross-gutters at each intersection of the on-site private streets with Avenida Caballeros, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 6. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 7. Construct a Type A curb ramp meeting current California State Accessibility standards at the southeast corner of the intersection of Avenida Caballeros and San Rafael Drive, in accordance with City of Palm Springs Standard Drawing No. 212. 8. All broken or oft grade street improvements shall be repaired or replaced. SAN RAFAEL DRIVE 9. Dedicate the ultimate half street right-of-way width of 44 feet along the entire frontage, together with a property line - corner cut-back at the northwest corner of �y IIIIII III1I III IIIII�IIII III�I IIIII IIIIIII II II� 10 2A50 809$03000F U 27 of 30 the subject property, in accordance with City of Palm Springs Standard Drawing No. 105. 10. Dedicate abutters rights of access to San Rafael Drive adjacent to Lots 49 through 56; vehicular access to San Rafael Drive shall be prohibited. 11. Remove the existing asphalt concrete berm and replace with an 8 inch curb and gutter located 32 feet south of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. 12. Remove the existing asphalt concrete sidewalk and construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 13. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire San Rafael Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. 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. J FRANCIS DRIVE 14. Dedicate the ultimate half street right-of-way width of 30 feet along the entire frontage of the subject property. 15. Construct a 6 inch curb and gutter, 20 feet north of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. 16. Construct driveway approaches for Lots 1 through 5 in accordance with City of Palm Springs Standard Drawing No. 201. The driveway access to Lot 1 shall be located on the west side of Lot 1, as far as possible from the Francis Drive and Aurora Drive intersection. 17. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210_ 18. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire Francis Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. If an alternative pavement section is proposed, the proposed pavement section shall be 5 IIIIIIIIIII IIIIIII I IIIIIIIIIIIIIIIIIIIIIIIIIIII zaa28 of32$ 10 000631 /25/2806 68 BBR designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 19. Neighborhood traffic calming improvements shall be constructed on Francis Drive at Aurora Drive. The travel way shall be narrowed with curb "pop-outs" located on both sides of Francis Drive. Remove and reconstruct the existing curb return and spandrel at the southwest corner of Francis Drive and Aurora Drive with the new face of curb located 14 feet south of centerline, with an appropriate taper to match the existing curb and gutter. Construct a complementary curb"pop-out"adjacentto Lot 1 and opposite the reconstructed curb return at the southwest corner of Francis Drive and Aurora Drive, with the new face of curb located 14 feet north of centerline. Stamped, colored concrete shall be constructed within the curb 'pop-outs". Other traffic calming improvements maybe required, including neighborhood identification signage, in consultation with the neighborhood group and as determined by the City Engineer, Final engineering and other details associated with the traffic calming improvements shall be subject to the review and approval by the City Engineer. AZURE COURT, ENAMOR COURT, LUCENT COURT, & SOLACE COURT (ON-SITE PRIVATE STREETS) 20. Dedicate easements for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private streets. 21. Easements for on-site private streets to be considered as part of the common space to be maintained by a Homeowner's Association shall be dedicated and/or reserved on the final map. 22. All on-site private streets shall be two-way and a minimum of 26 feet wide (as measured from curb face). Tree wells, if constructed, shall be staggered on each side of the street to provide a minimum 20 feet wide travel way at any one tree well. 23. All on-site streets shall be constructed with concrete wedge curbs to accept and convey on-site stormwater runoff to the on-site storm drain system, in accordance with applicable City Standards. 24. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101_ Construct all cul-de-sacs with a minimum face of curb radius of 43 feet throughout the cul-de-sac bulb. 25_ Construct pavement with a minimum pavement section of 2'% inches asphalt concrete pavement over 4 inches 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 6 I IIIIII IIIIIII IIII I�III IIIII IIIII IIIIII III I�IIIII II IIII 16/25 200 2 0 I f 306eR 000032 i a California registered Geotechnical Engineer using"R"values from the project site and submitted to the City Engineer for approval. 26. Parking shall be restricted along both sides of the on-site private streets, as necessary to maintain a minimum 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the private streets as necessary to enforce parking restrictions. The Home Owners Association (HOA) shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's) required for the development. SANITARY SEWER 27. All sanitary facilities shall be connected to the public sewer system. New sewer laterals shall not be connected to existing sewer manholes. 28. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 29, Dedicate a 20 feet wide easement for sewer purposes, adjacent to the westerly side and across Lots 1, 11, 12, 23, 24, 35, 36, and 47. r' 30. Construct an 8 inch V.G.P. sewer main across the frontages of the on-site private streets and extending from Azure Court to Francis Drive. The 8 inch V.C.P. sewer main shall extend within the center of the 20 feet wide sewer easement across Lots 1, 11, 12, 23, 24, 35, 36, and 47. 31_ The easement shall be kept clear and free of any and all obstructions to allow for the continued operation and maintenance of the public sewer main within the easement. Construction of permanent structures, swimming pools and equipment, or other improvements determined to be an obstruction of the public sewer easement shall not be allowed, Planting of large trees or other planting material with invasive or deep root structures shall be restricted. Access to the public sewer easement from Francis Drive and the on-site private streets shall be maintained, including, if necessary, 15 feet wide gates with lock and access provided to the City of Palm Springs. 32. Provisions for maintenance of the public sewer easement, acceptable to the City Engineer, shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this development. Notice shall be clearly included in the CC&R's defining the restrictions of development within the easement across Lots 1, 11, 12, 23, 24, 35, 36, and 47. The CC&R's shall advise the property owners of the City's right to enter the properties, clear and remove any and all obstructions within the easement, and give the City right to charge all costs incurred in enforcing this 7 IN 1111 III 0,55,300o 03,6SSA fT a n 3 provision to the owners of Lots 1, 11, 12, 23, 24, 35, 36, and 47_ The CC&R's shall also advise the property owners of the fact that the City is not required to replace in like kind any landscaping or other improvements within the public sewer easement in the event repair or replacement of the existing sewer main is required, and that the City shall be limited to leaving the property in a rough graded condition following any such repair or replacement. 33, All sewer mains constructed by the applicant and to become part of the public sewer system shall be televised prior to acceptance of the sewer system for maintenance by the City. GRADING 34. Submit a Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The plan shall show building set- backs, drainage swales with 1% minimum slope, high points of swales, and permanent individual retention basin locations on each lot. House footprints do not need to be shown on the plan. The combination Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and ) shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s)of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov_ A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading Plan. b_ The first submittal of the combination Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 8 111111111111111111111111111 ar�a�31 o�P 36 0000,614 35. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 36. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 37. In accordance with City of Palm Springs Municipal Code, Section 8,50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 38. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development.A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 39. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food } and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73- 710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 40. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, individual on-site retention basins on each lot or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology and Hydraulic Report for Murano, prepared by The Keith Companies, as revised on November 7, 2005. Final retention basin sizing, catch basin sizing, storm drain pipe sizing, drywell sizing, and other specifications for construction of required on-site storm drainage improvements shall be finalized in the final hydrology study and approved by the City Engineer. 41. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). 9 I II\III IIIIIII IIIIIIIII IIIII IIIII IIIIII III IIIII IIII IIII 10l2e5e e22 of 00603600R 5 0DI�d�.r09 42. The applicant shall install a series of drywells, within the 5 feet wide private storm ) drain easements extending east from each of the on-site private streets and extending south along the east property line of the development from Azure Court to Francis Drive, as necessary to intercept stormwater runoff, including nuisance water, from the tributary area within the development. The drywells shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events) using a maximum 2 inch per hour percolation rate, unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's)for this development that require the routine maintenance of the drywells by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywells if they fail to function, causing stagnant water to accumulate above ground within the basin.The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywells in the event the HOA is non-responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. In no event shall on-site stormwater runoff be released directly to Francis Drive without interception on-site by the private storm drain and drywell system. 43. Storm drain easements shall be reserved across the 5 feetwide private storm drain easements extending east from Azure Court, Enamor Court, Lucent Court and Solace Court, adjacent to the north property lines of Lots 11, 23, 35, and 47 and extending south adjacentto the east property lines of Lots 1, 11, 12, 23, 24, 35, 36, ) and 47, to Francis Drive. 44. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 45. Construct drainage improvements, including but not limited to catch basins, storm . drain lines, and drywells for drainage of on-site streets as described in the Preliminary Hydrology and Hydraulic Report for Murano, prepared by The Keith Companies, as revised on November 7, 2005. Final retention basin sizing, catch basin sizing, storm drain pipe sizing, drywell'sizing, and other specifications for construction of required on-site storm drainage improvements shall be finalized in the final hydrology study and approved by the City Engineer. 46. The on-site storm drainage improvements shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site storm drainage improvements acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 47. Individual retention basins on each lot shall be identified on exhibits included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. Provisions shall be included in the CC&R's requiring the preservation in perpetuity of the individual retention basins for use as on-site stormwater retention basins. 10 ((y��r7r��pp[��{. ��/+1y, IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII I IIIII III SF 26A3 AG, se UZJ'UU't��. G Notice shall be given to the property owners within the development that the stormwater retention volume of the individual retention basins shall be maintained. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the reconstruction of individual retention basins in the event that property owners are non-responsive to the City's written notice to reconstruct their individual retention basin, with costs to be recovered against the property owner by the City in accordance with state and local laws and regulations. 48. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 49. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (Le. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.)_ Multiple excavations, f trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 50. All proposed utility lines shall be installed underground. 51. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 52. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer, 53. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 11 (IIIII II IIII II IIII I I IIIII(IIIII III IIIII II IIII 10J2A5�34 of 2 F 036e0R aMNI 54. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 55. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 56. 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. 57. A copy of draft Covenants, Conditions and Restrictions (CC&R's)shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the final map, and shall be approved by the City Engineer prior to approval of the Final Map. t 58. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the"Guidelines for G_I.S. Digital Submission"from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments(ASCII drawing exchange file); lot lines, rights-of- way,and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following:ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G_I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 59. If not already completed by others, submit traffic striping plans for Avenida Caballeros at San Rafael Drive to provide a southbound left-turn lane, southbound through/right-turn lane, northbound left-turn lane, and northbound through/right-turn lane, prepared by a California registered civil engineer, for review and approval by the City Engineer II I12 AA II III I I I IIIII I 1 s e�of 6iSe3eeRII1IIIIIIII s U 0 9� 60. The applicant shall be responsible for payment of its fair share of 4.05% (or$1,575) of the cost to install traffic striping improvements at the Avenida Caballeros and San Rafael Drive intersection to provide a southbound left-turn lane, southbound through/right-turn lane, additional westbound through lane, northbound left-turn lane, and northbound through/right-turn lane- 61. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement(if necessary)and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalk along the San Rafael Drive,Avenida Caballeros, and Francis Drive frontages of the subject property. 62, All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 63. Install a street name sign and a 24 inch stop sign, stop bar, and "STOP" legend at the northeast corner of Avenida Caballeros with Azure Court, Enamor Court, Lucent Court, and Solace Court, in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 64. 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. 65. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 2. Prior to any construction on-site, all appropriate permits must be secured. FIRE 3, Fire Flow: Fire flow will be estimated once the square footage and type of construction is known. 13 11111111111111111111111111 16/�©36 of 3600F